HomeMy WebLinkAboutAgenda Packet 2005/01/11
CITY COUNCIL AGENDA
January 11, 2005 6:00 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
~~f?
~
r ___ __ ___- __--
- - - -
~ -- --~
CllY OF
CHUlA VISTA
City Council City Manager
Patty Davis David D. Rowlands, Jr.
John McCann City Attorney
Jerry R. Rindone Ann Moore
Steve Castaneda City Clerk
Stephen C. Padilla, Mayor Susan Bigelow
**********
The City Council meets regularly on the first calendar Tuesday at 4:00 p.m.
and on the second, third and fourth calendar Tuesdays at 6:00 p.m.
Regular meetings may be viewed at 7:00 p.m. on Wednesdays on
Cox Cable Channel 24 or Chula Vista Cable Channel 68.
Agendas are available on the City's website at:
www.chulavistaca.gov
**********
........~...-....,..-.-..-- - -_._-~--_.._._---~
January 11,2005
I aeclare under penalty of perjury that I am
employed by the City of Chula Vista in the
Office of the City Clerk and that I posted this
document on the bulletin board according to
Brown Act requirements.
AGENDA Dated I - -7 --[6 signecC'-1JlltJ) ft lLLU'1{JatT
6:00 P.M.
CALL TO ORDER
ROLL CALL: Councilmembers Castaneda, Davis, McCann, Rindone, and Mayor Padilla
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. INTRODUCTION BY BUCK MARTIN, DIRECTOR OF RECREATION, OF THE
EMPLOYEE OF THE MONTH, ROSEMARY BRODBECK, RECREATION
SUPERVISOR II
. RECOGNITION BY POLICE CHIEF EMERSON OF RECENTLY PROMOTED
LIEUTENANTS, SCOTT ARSENAULT AND LON TURNER, AND RECENTLY
PROMOTED SERGEANTS CARLOS VALDIVIA AND ERIC THUNBERG
. PRESENTATION BY MAYOR PADILLA TO FINANCE DIRECTOR, MARIA
KACHADOORIAN, OF A CERTIFICATE OF AWARD FROM THE CALIFORNIA
SOCIETY OF MUNICIPAL FINANCE OFFICERS FOR OUTSTANDING
FINANCIAL REPORTING FOR 2002-2003 AND A CERTIFICATE OF
ACHIEVEMENT FROM THE GOVERNMENT FINANCE OFFICERS
ASSOCIATION OF THE UNITED STATES AND CANADA FOR EXCELLENCE IN
GOVERNMENT ACCOUNTING AND FINANCIAL REPORTING
. PRESENTATION BY JOHN ISON, ENGINEERlPOLLUTION PREVENTION
SPECIALIST OF THE DEPARTMENT OF TOXIC SUBSTANCES CONTROL, TO
JACK DICKENS, FLEET MANAGER, OF THE "MODEL POLLUTION
PREVENTION SHOP" AWARD ON BEHALF OF THE CHULA VISTA TRANSIT
REPAIR SHOP AND THE CITY'S PUBLIC WORKS GARAGE
CONSENT CALENDAR
(Items 1 through 10)
The Council will enact the Consent Calendar staff recommendations by one
motion, without discussion, unless a Councilmember, a member of the public, or
City staff requests that an item be removed for discussion. If you wish to speak on
one of these items, please fill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the
Consent Calendar will be discussed after Action Items.
1. APPROVAL OF MINUTES of November 2, November 9, November 16, November 17,
and November 23, 2004.
Staff recommendation: Council approve the minutes.
Page 1 - Council Agenda
January 11, 2005
2. WRITTEN COMMUNICATIONS
. Letter of resignation from Mark Croshier, member of the Charter Review
Commission.
Staff recommendation: Council accept the resignation and direct the City Clerk to
post the vacancy in accordance with Maddy Act requirements.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING RESOLUTION 2004-349, APPROVING THE APPLICATION FOR
GRANT FUNDS FOR THE STATE URBAN PARKS AND HEALTHY
COMMUNITIES PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN
AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF
2002, FOR UNIVERSALLY ACCESSIBLE PLAYGROUND EQUIPMENT AT
MONTEV ALLE COMMUNITY PARK
On November 2, 2004, City Council adopted Resolution 2004-349, authorizing the City
to apply for grant funding for Montevalle Park playground equipment under the
California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act
of 2002. Certain language elements required by the State of California granting agency
were inadvertently omitted from the body of the resolution. These elements have now
been included. (Director of Recreation, Director of General Services)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING RESOLUTION 2004-348, APPROVING THE APPLICATION FOR
GRANT FUNDS FOR THE YOUTH SOCCER AND RECREATION DEVELOPMENT
PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE
NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002, TO
PROVIDE NEW SOFTBALL FACILITIES AND RENOVATE EXISTING SOCCER
FACILITIES AT OTAY PARK
On November 2, 2004, City Council adopted Resolution 2004-348, authorizing the City
to apply for grant funding for Otay Park improvements under the California Clean Water,
Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002. Certain
language elements required by the State of California granting agency were inadvertently
omitted from the body of the resolution. These elements have now been included.
(Director of Recreation, Director of General Services)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2004/2005 LIBRARY DEPARTMENT BUDGET
BY APPROPRIATING A ONE-TIME UNANTICIPATED GRANT REVENUE IN THE
AMOUNT OF $10,000 FOR THE SMALL BUSINESS IN A BOX GRANT (4/5THS
VOTE REQUIRED)
The Chula Vista Public Library recently received a one-time Library Services and
Technology Act grant from the California State Library in the amount of $10,000 for
Fiscal Year 2005. (Assistant City Manager Palmer)
Staff recommendation: Council adopt the resolution.
Page 2 . Council Agenda January 11,2005
.. -.-----. ------, - ,--..---........-"" ----_._-------~--_._-_...--~.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2005 LIBRARY DEPARTMENT BUDGET BY
APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE AMOUNT OF
$10,903 FOR EXPENDITURES ASSOCIATED WITH THE LITERACY PROGRAM
(4/5THS VOTE REQUIRED)
The Chula Vista Literacy Team has received a total of $10,903 in unanticipated grant
revenues, which will be used to support the Literacy program. A one-time grant in the
amount of $5,800 was received from the California State Library for the Library's Reach
Out and Read program. The California Department of Education awarded an additional
unanticipated $1,000 for the Workforce Investment Act (WIA) 231 Grant and the
California State Library has augmented the Matching Funds Grant in the amount of
$4,103. (Assistant City Manager Palmer)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN ADDENDUM TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA
ELEMENTARY SCHOOL DISTRICT REGARDING JOINT OPERATION OF THE
DASH (DYNAMIC AFTER SCHOOL HOURS) AND STRETCH (SAFE TIME FOR
RECREATION, ENRICHMENT AND TUTORING FOR CHILDREN) AFTER-
SCHOOL PROGRAMS; AND APPROPRIATING FUNDS THEREFOR (4/5THS
VOTE REQUIRED)
The current memorandum of understanding (MOU) between the City and the Chula Vista
Elementary School District, in effect until June 30th, 2005, authorizes the operation of
two after-school programs at elementary school sites. The STRETCH Program, with its
emphasis on literacy and arts enrichment, is currently offered at seven district schools,
and the DASH program, with structured sports and recreation activities, is offered at 24
district schools. Adoption of the resolution approves an addendum to the MOU between
the City and the Chula Vista Elementary School District for Fiscal Year 2004/2005.
(Assistant City Manager Palmer)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE SAN DIEGO ASSOCIATION OF GOVERNMENTS
(SANDAG) TO CLAIM AND APPROPRIATE CITY OF CHULA VISTA PRIOR-
YEAR UNALLOCATED TRANSPORTATION DEVELOPMENT ACT (IDA)
ARTICLE 4.0 FUNDS IN THE AMOUNT OF $18,000 FOR THE ACQUISITION OF A
MID-SIZE, CNG SHUTTLE BUS FOR THE NATURE CENTER
Adoption of the resolution authorizes SANDAG to claim and appropriate $18,000 in
prior-year TDA Article 4.0 funds. The $18,000 is in addition to the $165,000 previously
appropriated for the purchase of a 30-foot CNG bus to operate as the Nature Center
Shuttle. (Director of Public Works Operations)
Staff recommendation: Council adopt the resolution.
Page 3 - Council Agenda January 11,2005
. ,.. _......._..._._ .. ._u__,.~ _,___.''_____.._____ __ ___._.__
9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS AND AWARDING THE CONTRACT FOR SIDEWALK
REPLACEMENT AT VARIOUS LOCATIONS IN THE CITY (PROJECT NO. JY-
065K)
On September 29, 2004, the Director of General Services received sealed bids for this
project. The project was included in the budget to remove and replace curbs, gutters,
sidewalks, and driveways displaced by differential settling, tree roots, etc. on various City
streets. (Director of General Services)
Staffrecommendation: Council adopt the resolutions.
10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A MEMORANDUM OF UNDERSTANDING (MOU) WITH SAN
DIEGO DIALOGUE, A UCSD EXTENDED STUDIES AND PUBLIC PROGRAM,
AND APPROVING THE APPROPRIATION OF $50,000 FROM THE AVAILABLE
BALANCE OF THE GENERAL FUND TO COORDINATE CRITICAL NEW
RESEARCH ON SPECIFIC CROSSBORDER OPPORTUNITIES FOR ECONOMIC
GROWTH (4/5THS VOTE REQUIRED)
Since its inception, San Diego Dialogue has been conducting research on long-term
issues that the bi-national region faces in order to encourage the development and
implementation of viable solutions to improve quality oflife. San Diego Dialogue's goal
through partnerships with strategic regional partners is to strengthen the economic and
technological capacity of the crossborder region in high value-added, globally
competitive industries. (Director ofComffiunity Development)
Staff recommendation: Council adopt the resolution.
ORAL COMMUNICATIONS
Persons speaking during Oral Communications may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on the
agenda. State law generally prohibits the Council from taking action on any issue
not included on the agenda, but, if appropriate, the Council may schedule the
topic for future discussion or refer the matter to staff. Comments are limited to
three minutes.
ACTION ITEMS
The items listed in this section of the agenda will be considered individually by
the Council, and are expected to elicit discussion and deliberation. If you wish to
speak on any item, please fill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting.
II. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO CHAPTER 9.20 OF
THE MUNICIPAL CODE RELATING TO PROPERTY DEFACEMENT, AN
AMENDMENT TO THE MASTER FEE SCHEDULE TO ESTABLISH A GRAFFITI
REMOVAL FEE, AND AMENDMENTS TO THE FISCAL YEAR 2004/2005
BUDGET FOR ADDITIONAL GRAFFITI ABATEMENT STAFF AND RELATED
EQUIPMENT COSTS
Page 4 - Couocil Agenda January II, 2005
- -- .~.+_.__._---_..._._--
Adoption of the ordinance and resolutions provides additional abatement and
enforcement tools to protect public and private property ftom acts of vandalism and
defacement, especially graffiti. The new program makes it unlawful for any person to
permit his/her property to remain defaced with graffiti that is visible to the public for
more than 48 hours. It also gives City crews the authority to remove graffiti on
privately-owned property and creates a new, non-mandatory graffiti removal fee.
(Director of Public Works Operations)
Staff recommendation: Council place the following ordinance on first reading and adopt
the following resolutions:
A. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 9.20,
RELATING TO PROPERTY DEFACEMENT, INCLUDING GRAFFITI
REMOVAL REQUIREMENTS, PENALTIES AND RIGHTS OF THE CITY TO
ENTER AND REMOVE GRAFFITI (FIRST READING)
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE MASTER FEE SCHEDULE AND ESTABLISHING A NEW
GRAFFITI REMOVAL FEE
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2004/2005 BUDGET BY APPROPRIATING
$44,534 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND,
APPROPRIATING $26,500 FROM THE AVAILABLE BALANCE OF THE
CORPORATION YARD DEVELOPMENT IMPACT FEE (DIP) FUND, AND
APPROVING ADDITIONAL STAFF FOR PUBLIC WORKS OPERATIONS
TO IMPLEMENT A NEW GRAFFITI ABATEMENT PROGRAM (4/5THS
VOTE REQUIRED)
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
12. CITY MANAGER'S REPORTS
13. MAYOR'S REPORTS
14. COUNCIL COMMENTS
Deputy Mayor Davis:
A. Ratification of appointment of J.C. Clayton to the Mobilehome Rent Review
Commission.
B. Discussion regarding the possible naming of the Community Room after the two
Chula Vista police officers who died in the line of duty.
C. Discussion regarding policies for the memorial wall at the police facility.
ADJOURNMENT to the Regular Meeting of January 25, 2005, at 6:00 p.m. in the Council
Chambers. (The Regular Meeting of January 18, 2005 has been
cancelled.)
Page 5 - Council Agenda January 11, 2005
"---- . . "-. --_..,-~.__._,-------------_.__..-
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
November 2, 2004 4:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:06
p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue,
Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Davis, McCann, Rindone, Salas, and Mayor
Padilla
ABSENT: Councilmembers: None
ALSO PRESENT: City Manager Rowlands, Assistant City Attorney Hull, and City
Clerk Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· OATH OF OFFICE: DINA CHAVEZ, HOUSING ADVISORY COMMISSION
Dina Chavez was not present at the meeting, and the oath was not administered.
· INTRODUCTION BY MICHAEL MEACHAM, DIRECTOR OF CONSERVATION
AND ENVIRONMENTAL SERVICES, OF THE EMPLOYEE OF THE MONTH,
MANUEL MEDRANO, RECYCLING SPECIALIST I
Conservation and Environmental Services Director Meacham introduced the employee of the
month, Manuel Medrano. Mayor Padilla read the proclamation, and Deputy Mayor Salas
presented it to Mr. Medrano.
· PRESENTATION BY LYNN FRANCE, CONSERVATION COORDINATOR, OF
THE BUSINESS RECYCLING AWARDS TO E STREET LIQUOR AND JOHNNIE
CARINO'S
Recycling Specialist Medrano recognized recipients E Street Liquor, 490 E Street, in the "small
store" category; and Johnny Cariño's, 2245 Otay Lakes Road, in the "restaurant" category. He
stated that both businesses have made an exceptional effort to meet the state-mandated 50
percent recycling goal.
· PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO CLAUDIA
HEDRICK, DISPATCHER; JUDY RHODES, SENIOR FISCAL OFFICE
SPECIALIST; CHRIS DAVENPORT, TRANSCRIPTIONIST; AND KATHY
KOEPPEL, SECRETARY, ON BEHALF OF ALL CIVILIAN SUPPORT
PERSONNEL, PROCLAIMING NOVEMBER 3, 2004 AS LAW ENFORCEMENT
RECORDS AND SUPPORT PERSONNEL DAY
Mayor Padilla read the proclamation, and Deputy Mayor Salas presented it to Claudia Hedrick,
Judy Rhodes, and Chris Davenport. Kathy Koeppel was not present at the meeting.
Page I - Council Minutes I November 2, 2004
..__.,._.,,__._.....,___.__.~_____ __ _____.___.~_.__.,__. ___m___..
CONSENT CALENDAR
(Items 1 through 6)
Deputy Mayor Salas stated that she would abstain from voting on Item 1 due to the proximity of
her residence to the subject area.
With regard to Item 4, Councilmember McCann recognized staff for their efforts in acquiring
grant funding to equip Montevalle Community Park with playground equipment for children
with disabilities.
1. ORDINANCE NO. 2983, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING SECTIONS 10.52.480, 10.56.040 AND 10.56.290 OF
THE MUNICIPAL CODE (PARKING LOTS, METER ZONES AND PERMIT
PARKING) (SECOND READING)
Adoption of the ordinance updates the Chula Vista Municipal Code to add five parking
lots to the list oflocations designated as off-street parking facilities owned or operated by
the City; to amend section 10.56.040 regarding the location of parking meter zones and
the duration of parking in these zones; and to add three City parking lots to the list of
locations designated as permit parking areas. This ordinance was introduced October 26,
2004. (Director of General Services, City Engineer)
Staff recommendation: Council adopt the ordinance.
2A. ORDINANCE NO. 2984, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ESTABLISHING A 45-MPH SPEED LIMIT ON LA MEDIA ROAD
FROM TELEGRAPH CANYON ROAD TO OLYMPIC PARKWAY (SECOND
READING)
B. ORDINANCE NO. 2985, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ESTABLISHING A 40-MPH SPEED LIMIT ON HERITAGE ROAD
FROM TELEGRAPH CANYON ROAD TO OLYMPIC PARKWAY (SECOND
READING)
C. ORDINANCE NO. 2986, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ESTABLISHING A 35-MPH SPEED LIMIT ON PASEO LADERA
FROM TELEGRAPH CANYON ROAD TO EAST PALOMAR STREET (SECOND
READING)
Adoption of the ordinances establishes speed limits based on provisions of the California
Vehicle Code and pursuant to authority under the Chula Vista Municipal Code. These
ordinances were introduced on October 26, 2004. (Director of General Services, City
Engineer)
Staff recommendation: Council adopt the ordinances.
3. RESOLUTION NO. 2004-348, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE APPLICATION FOR GRANT FUNDS
FOR THE YOUTH SOCCER AND RECREATION DEVELOPMENT PROGRAM
UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE
NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002, FOR
SPORTS FIELDS IN OTAY PARK
Page 2 - Council Minutes November 2, 2004
CONSENT CALENDAR (Continued)
Through a state youth soccer and recreation development program, the state has allocated
funds for the promotion of increased recreation opportunities in California. Adoption of
the resolution approves the City's application to tills program for a $720,000 grant to
support the building of new softball and improved soccer facilities at Otay Park in
southwest Chula Vista. (Director of Recreation, Director of General Services)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION NO. 2004-349, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE APPLICATION FOR GRANT FUNDS
FOR THE STATE URBAN PARKS AND HEALTHY COMMUNITIES PROGRAM
UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE
NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002, FOR
UNIVERSALLY ACCESSffiLE PLAYGROUND EQUIPMENT AT MONTEVALLE
COMMUNITY PARK
Through a state urban parks and healthy communities program, the state has allocated
funds for the development of active recreational opportunities in California. Adoption of
the resolution will approve the City's application to this program for a $200,180 grant to
support the creation of a unique playground project at Montevalle Community Park.
(Director of Recreation, Director of General Services)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION NO. 2004-350, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE DIRECTOR OF FINANCE TO
CLOSE THE IMPROVEMENT FUNDS OF ASSESSMENT DISTRICTS 87-1 AND
88-2, AND TRANSFER THE REMAINING BALANCES TO THE RESPECTIVE
REDEMPTION FUNDS TO CALL AND REDEEM BONDS
Construction improvements for bonded Assessment Districts 87-1 and 88-2 have been
completed, and a total of $224,000 in surplus funds remain. Staff recommends that the
districts' improvement funds be closed and the remaining balances be transferred to the
respective redemption funds to call and redeem bonds. (Director of General Services,
City Engineer, Director of Finance)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION NO. 2004-351, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A CONTRACT WITH MERZ
CONSTRUCTION, INC. FOR CONSTRUCTION SERVICES OF THE
"MARKETPLACE", A COMPONENT OF THE CIVIC CENTER LIBRARY BRANCH
RENOVATION PROJECT (CIP LB136), AND APPROVING CHANGE ORDERS 1
THRU 4 AS NECESSARY TO COMPLETE THE PROJECT, AUTHORIZING THE
DIRECTOR OF GENERAL SERVICES TO EXECUTE SAID CHANGE ORDERS ON
BEHALF OF THE CITY
Page 3 - Council Minutes November 2, 2004
..-, _.._-"- _ __ . "'·u_____.___".____..._.__.._ ________ ..._.___.-.-_ ___....._
CONSENT CALENDAR (Continued)
Adoption of the resolution approves change orders necessary to complete Marketplace
component of the Civic Center Library branch renovation project (CIP LB136). The
additional work includes painting existing doors and bookcases in three areas, additional
electrical work and carpet at the circulation desk, upgraded plates and Americans with
Disabilities signage in the restrooms within the "Marketplace" area. (Director of General
Services)
Staff recommendation: Council adopt the resolution.
ACTION: Mayor Padilla moved to approve staffs recommendations and offered the
Consent Calendar, headings read, texts waived. The motion carried 5-0, except
on Item 1, which carried 4-0-1, with Deputy Mayor Salas abstaining due to the
proximity of her residence to the subject area.
ORAL COMMUNICATIONS
Jack Doherty reported that the San Diego County Board of Supervisors will hold a hearing on
November 23, 2004, on the request of the Steele Canyon Golf Course to remove 196,000,000
gallons of water a year from the Sweetwater River. He stated that this would result in the
Sweetwater Authority having to purchase water to replace what the golf course acquires, and
approximately $500,000 per year in water costs would be passed on to Chula Vista ratepayers.
He asked the Council to review the issue and go on record in opposition to the project. He
thanked Councilmember Davis, who was instrumental in assisting with the presentation that will
be made at the upcoming hearing.
John Henkel, who resides adjacent to the Steele Canyon Golf Course, expressed concern about
the proposed amount of water to be extracted and its potential effects on the San Diego National
Wildlife Refuge.
·
PUBLIC HEARINGS
7. CONSIDERATION OF APPROVAL OF THE ASSESSMENT OF CERTAIN
DELINQUENT SOLID WASTE SERVICE CHARGES AS LIENS UPON THE
RESPECTIVE PARCELS OF LAND AND PLACEMENT OF DELINQUENT
CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION
In order to adequately protect the City's interest in delinquent solid waste service charges
and ensure that collection efforts are directed towards the responsible property owner in
the event of a change of ownership, staff recommends approval of recording liens against
· affected properties as a preliminary action to placing the delinquencies on the property
tax rolls if they remain unpaid. This is the same process that has been used to enhance
the collection process since 200l. (Director of Finance)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Padilla opened the public hearing.
· Page 4 - Council Minutes November 2, 2004
PUBLIC HEARING (Continued)
Assistant Director of Finance Davis reported that staff identified 187 delinquent accounts, valued
at $23,700, and that the respective property owners were notified of the public hearing. Since
that time, 73 accounts were cleared; and it is recommended that the remaining 114 delinquent
accounts, valued at $14,100, be forwarded to the County for assessment and placement on the
next regular tax bill for collection.
With no members of the public wishing to speak, Mayor Padilla closed the public hearing.
ACTION: Deputy Mayor Salas offered Resolution No. 2004-352, heading read, text waived:
RESOLUTION NO. 2004-352, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA ASSESSING
DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED
LIENS UPON THE RESPECTIVE PARCELS OF LAND AND
APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE
NEXT REGULAR TAX BILL
The motion carried 5-0.
OTHER BUSINESS
8. CITY MANAGER'S REPORTS
City Manager Rowlands announced that a joint City CouncillPlanning Commission workshop on
the Urban Core Specific Plan would be conducted on November 17, 2004, at 7:00 p.m., in the
Police Department Community Room, located at 315 Fourth Avenue.
9. MAYOR'S REPORTS
Mayor Padilla encouraged all to vote and expressed best wishes to colleagues running for office.
10. COUNCIL COMMENTS
Councilmember McCann conveyed his best wishes to all the candidates running for office. He
also congratulated his daughter, Bliss, who was elected as fourth grade treasurer.
Councilmember Rindone wished his colleagues well in the elections and encouraged the
community to exercise its right to vote.
Deputy Mayor Salas requested that the meeting be adjourned in memory of Victor Diaz, a Chula
Vista resident and founder of Radio Califormula, who passed away last Saturday. She
commented on Mr. Diaz' love of the environment and the arts, citing a local museum displaying
his photographic artwork. She stated that Mr. Diaz will be missed but his work will live on
through his radio station and loved ones.
ADJOURNMENT
At 4:30 p.m., Mayor Padilla adjourned the meeting, in memory of Victor Diaz, to the Regular
Meeting of November 9, 2004, at 6:00 p.m. in the Council Chambers.
-~~~~
Susan Bigelow, MMC, Cl Clerk
Page 5 - Council Minutes November 2,2004
~ -. _..._._~ - - - - - ---...'.,-- ---,--,".' ..~._-_._---_._------ -.-....--
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
November 9, 2004 6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:09
p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue,
Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Davis, McCann, Rindone, Salas, and Mayor
Padilla
ABSENT: Councilmembers: None
ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and Deputy City
Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO
SANDRA ACEVES, RECOGNIZING HER SON, HM3 FERNANDO
MENDEZ-ACEVES, WHO WAS KILLED IN ACTION IN IRAQ ON APRIL 6
Mayor Padilla recognized those present to pay their respects to and honor Fernando Mendez-
Aceves, including his mother, Sandra Aceves, his grandmother, Ms. Diana Zuriaga, brothers
Rodrigo and Kenneth, and close family mend Shelly Acosta. He also recognized and welcomed
Lieutenant Commander Marquez Campbell, representing the United States Naval Medical
Center, San Diego, First Sergeant Curtis Winfree, and a contingent of marines from Camp
Pendleton. Mayor Padilla stated that he had the opportunity to meet with the Mendez-Aceves
family and was impressed with the strength with which they are enduring this tragedy and with
their focus on Fernando's values and ideals. He stated that it is important as a community to
show families which have sacrificed and are suffering that they are not alone and that they have a
greater community and family to help support them. Mayor Padilla extended, on behalf of the
community of Chula Vista, condolences to the Mendez-Aceves family and heartfelt thanks for
Fernando's service to his country. Mayor Padilla stated that upon conclusion of the war in Iraq,
Fernando's name would be etched in Memorial Bowl, which honors local fallen heroes. He then
read the proclamation and, together with Deputy Mayor Salas, presented it to Sandra Aceves.
Ms. Aceves thanked Mayor Padilla for acknowledging her son, Fernando. She stated that despite
sadness at the loss of her son, it is important for the world to know that she is proud of him as a
son and as a Navy Corpsman. She asked all to join in saluting those who fought with Fernando
and to celebrate his life and the way he lived it. She stated that this is not a day for tears, but
rather a day to rejoice for Fernando's brotherhood. present at the meeting.
Page 1 - Council Minntes I November 9, 2004
--_._"-~.. '-'--"-."'. - -...----..-------.-----------
SPECIAL ORDERS OF THE DAY (Continued)
First Lieutenant Commander Marquez Campbell stated that as a former employee at the medical
center, Fernando was tenacious, energetic and professional, and his smile would be missed.
Lieutenant Commander Campbell then proceeded to review the Sailors Creed.
Corporal Marcus Wackter, representing the United States Marine Corps, Camp Pendleton, stated
that "Doc" Fernando was a great man who taught those around him, cared for his mends, and
gave the ultimate sacrifice for his country. Corporal Wackter believed that the best way to honor
those like Fernando was to live the best way we can and be the best human beings we can
possibly be. He said he would never forget all that Fernando sacrificed and taught him.
Mayor Padilla acknowledged appreciation to those representing the First Marine Division and
Echo Company, who were also present at the meeting. He also thanked Chula Vista Veterans
Advisory Commission Chairperson Bob White and fellow veterans who assisted in facilitating
the proclamation to honor Fernando. Mayor Padilla then announced that a DVD would be
played titled "Echoes of War," a heartwarming story prepared by David Swanson, a
photojournalist with the Philadelphia Inquirer, who was embedded with the Echo Company
marines on the fateful day of the ambush that resulted in the loss of Fernando Aceves and over
20 other marines killed in action. The story captured their struggle and danger in order to bring
freedom and democracy to another nation.
Mayor Padilla thanked the Philadelphia Inquirer for permission to view the DVD, and he also
thanked all those present for attending the meeting.
. PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO MIMI
LOPEZ OF HILLTOP HIGH SCHOOL AND NICOLETTA MENEGON AND
ETTORE MENEGON OF L'ISTITUTO ANGELA VERONESE HIGH
SCHOOL IN MONTEBELLUNA, ITALY, RECOGNIZING THE STUDENTS
FROM THE ITALIAN EDUCATIONAL EXCHANGE PROGRAM
Mayor Padilla read the proclamation, and Councilmember Rindone presented it to Mimi Lopez,
Nicoletta Menegon, and Ettore Menegon. The student representatives thanked Councilmember
Rindone and the City for their hospitality and for the opportunity to participate in the exchange
program. Ms. Menegon thanked the Chula Vista families who have welcomed the students into
their homes. Ms. Lopez thanked the Council for recognizing the exchange program and thanked
the community for participating in the program. Councilmember Rindone also thanked his
colleagues for honoring the exchange program. He reported that Hilltop High School
participates in exchange programs with five countries throughout the world, and there are
currently 24 students from Italy being hosted by local families. Mayor Padilla noted the
following correspondence received from the Mayor of Montebelluna, dated October 25,2004:
"The City Council together with all the citizens of Montebelluna would like to take
advantage of this cultural exchange to send our greetings to the town and administrators
of Chula Vista. Weare looking forward to welcoming the teachers and students of
Hilltop High School to Montebelluna and are convinced that living and working together
will provide an opportunity to strengthen the mendship between our countries and
enhance appreciation for our cultures. Sincerely, The Mayor of Montebelluna, Laura
Puppato."
Mayor Padilla announced that the Council also received gifts of a City seal and illustrated books
from the community of Montebelluna.
Page 2 - Council Minutes November 9, 2004
CONSENT CALENDAR
(Items 1 through 4)
1. RESOLUTION NO. 2004-353, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING CHANGE ORDERS REQUESTED BY THE
MCMILLIN COMPANY FOR PROCTOR VALLEY ROAD REACHES THREE AND
FOUR, AND AUTHORIZING TRANSPORTATION DEVELOPMENT IMPACT FEE
CREDIT FOR SUCH CHANGE ORDERS AND OTHER ITEMS
The McMillin Company completed the construction of Proctor Valley Road reaches three
and four and has requested Transportation Development Impact Fee (TDIF) credit. The
credit request includes change orders that require City Council approval and a
modification of the documentation requirements of the Municipal Code. (Director 0 f
General Services, City Engineer)
Staff recommendation: Council adopt the resolution.
2. RESOLUTION NO. 2004-354, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA SETTING A PUBLIC HEARING FOR DECEMBER 14,
2004, TO CONSIDER VACATING A PEDESTRIAN EASEMENT LOCATED
WITHIN 624 MARIPOSA CIRCLE (APN: 639-682-31-00)
The City is considering vacation proceedings for a six-foot wide pedestrian ~asement
located within 624 Mariposa Circle on its own initiative and at the request of the adjacent
property owner. The aforementioned pedestrian easement does not provide access to a
public street as originally intended, but dead-ends at the adjacent private property located
at 505 East Naples Street. In accordance with Part 3, Chapter 3 of the California Streets
and Highways Code, Council must adopt a Resolution of Intention setting a public
hearing in order to consider the vacation request. (Director of General Services, City
Engineer)
Staff recommendation: Council adopt the resolution.
3. RESOLUTION NO. 2004-355, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AWARDING A PURCHASE AGREEMENT TO
PEARPOINT, INC. FOR $224,330.91 FOR ONE TV VAN, FLEXI-DATA
SOFTWARE AND EQUIPMENT THROUGH A COOPERATIVE PURCHASE WITH
THE CITY OF SAN DIEGO
The City is participating in a current City of San Diego bid from Pearpoint, Inc. for the
purchase of one TV van and equipment. Chula Vista Municipal Code Section 2.56.140
and Council Resolution No. 6132 authorize the Purchasing Agent to participate in
cooperative bids with other government agencies for the purchase of materials of
common usage. There are no vendors in the City of Chula Vista that normally furnish
this type of heavy equipment. (Director of Public Works Operations)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION NO. 2004-356, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS, REJECTING THE LOWEST BID AND '
AWARDING CONTRACT FOR GREG ROGERS PARK IMPROVEMENTS - PHASE
I (PROJECT PR169) TO COURT CONCEPTS, INC., IN THE AMOUNT OF
$259,570.97
Page 3 - Council Minntes November 9,2004
-..--...---.- _......_~------_.__. .
CONSENT CALENDAR (Continued)
On September 15, 2004, the Director of General Services received sealed bids for this
project. The scope of work primarily includes the construction of a new play area, a new
picnic/shade structure and paving improvements to provide an accessible route to these
facilities from the existing parking lot at Greg Rogers Park, located 1189 Oleander
Avenue. (Director of General Services)
Staff recommendation: Council adopt the resolution.
ACTION: Councilmember Rindone moved to approve staff s recommendations and offered
the Consent Calendar, headings read, texts waived. The motion carried 5-0.
ORAL COMMUNICATIONS
There were none.
PUBLIC HEARING
5. CONSIDERATION OF APPROVAL OF GRANTING A NATURAL GAS UTILITY
FRANCHISE AND ELECTRIC UTILITY FRANCHISE TO SAN DIEGO GAS &
ELECTRIC (SDG&E)
The City and San Diego Gas & Electric have concluded negotiations and the City
Council approved a Memorandum of Understanding outlining the benefits established
through those negotiations. The Council adopted a resolution of intention to grant the
franchises at its October 26, 2004 meeting. Adoption of the ordinances grants the
franchises to San Diego Gas & Electric. (Director of Conservation and Environmental
Services)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Padilla opened the public hearing.
Director of Conservation and Environmental Services Meacham presented the summary of the
proposed terms and conditions of the San Diego Gas and Electric (SDG&E) franchise
agreements.
Councilmember Rindone requested that the terms of the agreements be made accessible to the
public via the City's website.
Councilmember McCann asked if the agreement would inhibit the City from utilizing additional
funds for undergrounding power lines within the neighborhoods. Director Meacham responded
that the agreement provides for an allocation that would allow the City to continue to pursue
local projects.
Frank Urtasan, representing SDG&E, urged the Council to support the proposed agreement,
stating that he believed that the franchise would be of mutual benefit to the City and SDG&E and
would establish a foundation for a partnership for many years to come, as well as a framework
for continued, aggressive undergrounding in the City.
Page 4 - Council Minutes November 9, 2004
PUBLIC HEARING (Continued)
With no further members of the public wishing to speak, Mayor Padilla closed the public
hearing.
ACTION: Councilmember Davis offered the following ordinances for first reading, headings
read, texts waived:
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA GRANTING TO SAN DIEGO GAS AND ELECTRIC
COMPANY, ITS SUCCESSORS AND ASSIGNS, THE FRANCHISE
TO CONSTRUCT, MAINTAIN AND USE POLES, WIRES,
CONDUITS AND APPURTENANCES, INCLUDING
COMMUNICATION CIRCUITS, NECESSARY OR PROPER FOR
TRANSMITTING AND DISTRIBUTING ELECTRICITY TO THE
PUBLIC FOR ANY AND ALL PURPOSES IN, ALONG, ACROSS,
UPON, UNDER AND OVER THE PUBLIC STREETS AND PLACES
WITHIN THE CITY OF CHULA VISTA (FIRST READING)
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA GRANTING TO SAN DIEGO GAS AND ELECTRIC
COMPANY, ITS SUCCESSORS AND ASSIGNS, THE FRANCHISE
TO INSTALL, MAINTAIN AND USE PIPES AND APPURTENANCES
FOR TRANSMITTING AND DISTRIBUTING NATURAL GAS TO
THE PUBLIC FOR ANY AND ALL PURPOSES UNDER, ALONG,
ACROSS OR UPON THE PUBLIC STREETS AND PLACES AS THE
SAME NOW OR MAY HEREAFTER EXIST WITHIN THE CITY OF
CHULA VISTA (FIRST READING
The motion carried 5-0.
Mayor Padilla acknowledged the many City staff, contract counsel, and consultants who
participated in the agreement process.
ACTION ITEMS
6. CONSIDERATION OF APPROVAL OF A SECOND AMENDMENT TO THE LEASE
AGREEMENT BETWEEN THE CITY AND AMERICAN GOLF CORPORATION,
AND AMENDING THE CITY'S MASTER FEE SCHEDULE AND ESTABLISHING
NEW GREEN FEES AT CHULA VISTA MUNICIPAL GOLF COURSE
American Golf Corporation (AGe) has submitted a request for a rate increase. It has
been approximately five years since the last rate increase submittal by AGC. Adoption of
the resolutions amends the lease agreement between the City and AGC, and approves the
new greens fees at Chula Vista Municipal Golf Course. The current greens fees have
been in effect since January 1,1999. (Director of Public Works Operations)
Councilmember McCann stated that he would abstain from discussion and voting on Item 6 due
to property that he owns located within 500 feet of the golf course. He then left the dais.
Page 5 - Council Minutes November 9,2004
.n_'_' n.,'" .....____ .···.___,·._,·_._·_··_w·
ACTION ITEMS (Continued)
Public Works Director Byers presented an overview of the proposed lease amendment and new
green fees for the golf course.
Councilmember Davis commented that the golf course weekend rates are significantly lower
than those at Bonita Golf Course. She suggested that the non-resident rates for weekends be
increased to $34 and asked why non-resident super-twilight rates were maintained at $13.
Director Byers replied that, based on staffs recommendations, American Golf would receive a
fair return on its investment. He added that prices were compared for the courses in Bonita,
Balboa, Oceanside, and Coronado.
Deputy Mayor Salas believed that the proposed fee increases were too conservative to pay for
services. She concurred with the comments by Councilmember Davis and also suggested
increasing the fee for resident senior monthly cardholders. Director Byers replied that the senior
card is a sensitive issue, the cards are utilized primarily during weekdays, and they offer
recreation for seniors who may not be able to afford a fee increase.
Councilmember Rindone commented that since the last green fee increases, there has been a 19
percent Consumer Price Index (CPr) increase, and, therefore, he felt comfortable with the
increases proposed by staff, since the increases would recoup the change in the CPI over that
same period of time. He supported the proposed fee increases by American Golf Corporation for
non-resident I8-hole weekend rates and non-resident super-twilight weekend rates.
Councilmember Rindone questioned the difference between the four maintenance standards.
Director Byers made reference to the agenda report, which delineated the requirements for each
standard.
ACTION: Councilmember Rindone moved to amend the proposed resolution B to include a
non-resident I8-hole weekend rate of $34 (rather than $32.50) and a non-resident
super-twilight weekend rate of $15 (rather than $13). Councilmember Davis
seconded the motion, and it carried 4-0-1, with Councilmember McCann
abstaining due to his ownership of property located within 500 feet of the
Municipal Golf Course.
Deputy Mayor Salas suggested that future fee increases be considered annually and be tied to the
CPI.
ACTION: Councilmember Rindone offered Resolution Nos. 2004-357 and 2004-358, as
amended, headings read, texts waived:
A. RESOLUTION NO. 2004-357, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING A SECOND AMENDMENT TO
THE LEASE AGREEMENT BETWEEN THE CITY AND AMERICAN GOLF
CORPORATION TO INCREASE THE STANDARD OF MAINTENANCE
FROM A BRONZE TO A SILVER STANDARD FOR THE CHULA VISTA
MUNICIPAL GOLF COURSE, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID SECOND AMENDMENT
Page 6 - Council Minutes November 9,2004
ACTION ITEMS (Continued)
B. RESOLUTION NO. 2004-358, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA AMENDING THE CITY'S MASTER FEE
SCHEDULE AND ESTABLISHING NEW GREENS FEES AT CHULA VISTA
MUNICIPAL GOLF COURSE
The motion carried 4-0-1, with Councilmember McCann abstaining due to his
ownership of property located within 500 feet of the Municipal Golf Course.
At 7:51 p.m., Councilmember McCann returned to the dais.
OTHER BUSINESS
7. CITY MANAGER'S REPORTS
There were none.
8. MAYOR'S REPORTS
Mayor Padilla thanked Constituent Services Manager Anne Harrison for coordinating the recent
"Beautify Chula Vista" event, which was a great success. He also thanked Ms. Harrison for her
role in facilitating the presence of family, fellow marines, and mends to recognize fallen marine
Fernando Mendez-Aceves.
9. COUNCIL COMMENTS
. John McCann: Staff referral regarding community workshops throughout the
City
Councilmember McCann recommended that the Council consider conduct workshops off site and
in different regions of the City during the next year in an effort to bring government to the
people. He also requested that staff provide an update on the status of sidewalks in Castle Park.
He then congratulated Constituent Services Manager Anne Harrison for coordinating the recent
"Beautify Chula Vista" event, reported on attending the Veterans walk held last week, and
announced that his wife is expecting another child.
Councilmember Rindone expressed concern about safety issues associated with the striping of
lanes on East H Street between Second and Third Avenues, stating that the lanes seem
extraordinarily narrow and that buses and trucks that navigate the street are at least one to two
feet over the center line. He asked staff to come back with a report on the matter. He then
encouraged all to attend a press conference on November 10, 2004, at 10:30 a.m., at the John
Lippitt Center, 1800 Maxwell Road, regarding the promotion of the hydrogen fuel cell and the
display of a hydrogen fuel cell-powered vehicle.
Deputy Mayor Salas congratulated Councilmember McCann on conducting the opening
ceremonies for the "Beautify Chula Vista" event.
Councilmember Davis congratulated the Veterans Commission and the Veterans Foundation on
the success of the recent Veterans walk fundraiser. She also commented on the South Bay
YMCA "Black and White Ball" last Saturday, stating that it was a great event.
Page 7 - Council Minutes November 9, 2004
.---.--
CLOSED SESSION
Closed Session was cancelled and the following items were not discussed:
10. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
· ARB v Eastlake (SDSC #GISI5582)
II. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c)
· One case
12. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: San Diego Gas & Electric - Gas and Electricity Franchise
(pertaining to public rights-of-way throughout the City of Chula
Vista)
Agency negotiators: Steve Padilla, David D. Rowlands, Jr.
Negotiating Parties: City of Chula Vista and San Diego Gas & Electric (various
representatives)
Under Negotiation: Price and terms of franchise conveyance
13. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
· Application of SDG&E for Authority to Update its Gas and Electric Revenue
Requirement and Base Rates (Doc. Nos. A-02-12-27, A-02-12-028, and I 03-03-
016)
ADJOURNMENT
At 8:02 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of November 16,
2004, at 6:00 p.m. in the Council Chambers, and thence to an Adjourned Regular Meeting on
November 17,2004 at 7:00 p.m., in the Police Department Community Room.
~
Lorraine Bennett
Deputy City Clerk
.
Page 8 - Council Minutes November 9, 2004
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
November 16, 2004 6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:04
p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue,
Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Davis, McCann, Rindone, Salas, and Mayor
Padilla
ABSENT: Counciimembers: None
ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and Deputy City
Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO DAVID W.
KROGH, PRESIDENT OF HILLTOP HIGH SCHOOL DOLLARS FOR SCHOLARS,
PROCLAIMING THE MONTH OF NOVEMBER 2004 AS SCHOLARSHIP MONTH
Mayor Padilla read the proclamation, and Deputy Mayor Salas presented it to David Krogh. Mr.
Krogh informed the Council that a former Hilltop High School student, Gina Perotti, who
participated in the walkathon last year, was the top fundraising student for the event. He then
thanked the Council for acknowledging the "Dollars for Scholars" program.
Mayor Padilla extended his congratulations to Gina Perotti for her achievement as the top
fundraising student for the program. Councilmember Rindone also congratulated Ms. Perotti, as
well as Mr. Krogh and Ms. Rahilly for spearheading the Chula Vista Chapter of the "Dollars for
Scholars" program and for helping to make a difference for youth. He stated that since there are
no administrative fees associated with the fundraiser, all local money raised goes directly to the
scholarship fund. He was hopeful that the community would seek the opportunity to participate
in the program and/or offer a donation.
. PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO DR.
DOROTHY YORK, DIRECTOR OF THE CHULA VISTA ANIMAL CARE
FACILITY, DECLARING NOVEMBER AND DECEMBER 2004 AS HOME 4 THE
HOLIDAYS MONTHS
Mayor Padilla read the proclamation, and Deputy Mayor Salas presented it to Dr. York.
Page I - Council Minutes / November 16, 2004
"--..---.------ --- -_._-,,_._---~---------
SPECIAL ORDERS OF THE DAY (Continued)
. PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO CAPTAIN
ROBERT D. WHITE, USN (RETIRED), VETERAN OF THE YEAR
Mayor Padilla read the proclamation, and Deputy Mayor Salas presented it to Captain White.
Captain White thanked the Council for its support of the Veterans Home Support Foundation and
the Veterans Advisory Commission. He also acknowledged members of the Veterans Advisory
Commission and of his family who were present at the meeting.
. REPORT FROM CHUCK COLE OF ADVOCATION INCORPORATED ON THE
2004 AND 2005 STATE LEGISLATIVE SESSIONS
Mr. Cole provided an update on the 2004-2005 state legislative report that included the passage
of Proposition IA and an overview of the state budget and California Performance Review. He
also spoke about the key issues facing the Legislature, namely energy, water availability and
scarcity, infrastructure needs, protection of Proposition 42 (infrastructure and transportation
dollars), pensions, gaming, and high school exit exams.
CONSENT CALENDAR
(Items I through 6)
Mayor Padilla announced that Item 6 would be removed from the Consent Calendar and
continued to a future date. No action was taken on this item.
I. APPROVAL OF MINUTES of the Regular Meetings of October 12 and October 19,
2004, and the Special Meeting of October 19, 2004.
Staff recommendation: Council approve the minutes.
2A. ORDINANCE NO. 2987, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA GRANTING TO SAN DIEGO GAS AND ELECTRIC (SDG&E), ITS
SUCCESSORS AND ASSIGNS, THE FRANCHISE TO CONSTRUCT, MAINTAIN
AND USE POLES, WIRES, CONDUITS AND APPURTENANCES, INCLUDING
COMMUNICATION CIRCUITS, NECESSARY OR PROPER FOR TRANSMITTING
AND DISTRIBUTING ELECTRICITY TO THE PUBLIC FOR ANY AND ALL
PURPOSES IN, ALONG, ACROSS, UPON, UNDER AND OVER THE PUBLIC
STREETS AND PLACES WITHIN THE CITY OF CHULA VISTA (SECOND
READING)
B. ORDINANCE NO. 2988, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA GRANTING TO SAN DIEGO GAS AND ELECTRIC (SDG&E), ITS
SUCCESSORS AND ASSIGNS, THE FRANCHISE TO INSTALL, MAINTAIN, AND
USE PIPES AND APPURTENANCES FOR TRANSMITTING AND DISTRIBUTING
NATURAL GAS TO THE PUBLIC FOR ANY AND ALL PURPOSES UNDER,
ALONG, ACROSS, OR UPON THE PUBLIC STREETS AND PLACES AS THE
SAME NOW OR MAY HEREAFTER EXIST WITHIN THE CITY OF CHULA VISTA
(SECOND READING)
Page 2 - Council Minutes November 16, 2004
CONSENT CALENDAR (Continued)
The City and San Diego Gas & Electric have concluded negotiations and the City
Council approved a Memorandum of Understanding outlining the benefits established
through those negotiations. A draft of the electricity and gas franchise agreements
detailing the terms and conditions of the proposed franchises was presented to Council on
October 26,2004. Adoption of the ordinances grants the franchises to San Diego Gas &
Electric. These ordinances were introduced November 9, 2004. (Director of
Conservation and Environmental Services)
Staffrecommendation: Council adopt the resolutions.
3A. RESOLUTION NO. 2004-359, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE ADDITION OF ONE
UNCLASSIFIED AT-WILL POSITION TO THE HUMAN RESOURCES
DEPARTMENT AND APPROPRIATING FUNDS THEREFOR
B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010, RELATING
TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS, TO ADD THE
POSITION OF HUMAN RESOURCES OPERATIONS MANAGER (FIRST
READING)
Adoption of the resolution and ordinance approves the addition of a key managerial
position to the Human Resources Department, which will allow staff to conduct day-to-
day operations in a more efficient and effective manner, authorizes the reinstatement of
the unclassified, senior management, at-will position of Human Resources Operations
Manager, and appropriates funds therefor. Chula Vista Charter Section 500 requires that
all unclassified positions not mentioned specifically in the section be added by ordinance.
(Director of Human Resources)
Staff recommendation: Council adopt the resolution and place the ordinance on first
reading.
4. RESOLUTION NO. 2004-360, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FINAL MAP OF SAN MIGUEL
RANCH PLANNING AREA "A", CHULA VISTA TRACT NO. 99-04 AND THE
ASSOCIATED IMPROVEMENT AGREEMENTS
San Miguel Ranch Planning Area "A" is comprised of 120 condominium units located
east of the intersection of Proctor Valley Road and Mount Miguel Road. The tentative
map was approved February 29, 2000, and aÌnended on December 17, 2001. Adoption of
the resolution approves the final map and associated improvement agreements. (Director
of General Services, City Engineer)
Staff recommendation: Council adopt the resolution.
Page 3 - Council Minnles November 16, 2004
--.- n _ __ __..__~.___._____._. __ _m___'.__'n'_._______·_···___·__··
CONSENT CALENDAR (Continued)
5. RESOLUTION NO. 2004-361, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A DESIGN BUILD AGREEMENT WITH
T.C. CONSTRUCTION COMPANY, INC. FOR THE PROVISION OF SERVICES
REQUIRED TO DESIGN AND CONSTRUCT THE POGGI CANYON TRUNK
SEWERlUPGRADE OF REACH 205 (PROJECT SW226), AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
The Council previously approved Project No. SW-226, which involves the construction
of a trunk sewer line that upgrades Reach 205 of the Poggi Canyon Trunk Sewer.
Adoption of the resolution awards T.C. Construction Company, Inc. a Design Build
agreement for this project. (Director of General Services)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE ADDITION OF ONE UNCLASSIFIED SENIOR DEPUTY
CITY CLERK POSITION TO THE CITY CLERK'S OFFICE AND APPROPRIATING
FUNDS THEREFOR (4/5THS VOTE REQUIRED)
Adoption of the resolution authorizes the addition of a Senior Deputy City Clerk position
in order to allow the City Clerk's Office to successfully carry out its current and long-
term work programs and goals and appropriates funds therefor. (City Clerk)
Staff recommendation: Council adopt the resolution.
ACTION: Mayor Padilla moved to approve staff's recommendations and offered Consent
Calendar Items I through 5, headings read, texts waived. The motion carried 5-0.
ORAL COMMUNICATIONS
There were none.
ACTION ITEMS
7. CONSIDERATION OF THE RENAMING OF FRIENDSHIP PARK TO WILL T.
HYDE FRIENDSHIP PARK
In January 2004, former Mayor and long time activist Will T. Hyde passed away. In
mid-2004, the Council formed a committee, which includes Deputy Mayor Salas and
Councilmember McCann, to establish a fitting memorial to Mr. Hyde. After a number of
months of discussion, the committee has decided to ask the City to change the name of
Friendship Park to Will T. Hyde Friendship Park. (Assistant City Manager Palmer,
Director of Public Works)
Page 4 - Council Minutes November 16, 2004
ACTION ITEMS (Continued)
Councilmember Rindone stated that he would abstaining from discussion and voting on Item 7,
since he owns property located within 500 feet of Friendship Park. He then left the dais at 6:47
p.m.
Deputy Mayor Salas stated that it was the unanimous consensus of the committee to rename the
park to Will T. Hyde Friendship Park, and that a monument would be forthcoming at a future
date.
Councilmember McCann expressed the need to continue to work towards creating a memorial
for Mayor Hyde. He also recognized the members of the memorial committee.
Sandy Duncan, representing Crossroads II, stated that it was fitting to rename the park after
Mayor Hyde, who was dedicated to preserving open space and parkland in the City, and who
fought to keep Friendship Park from being eliminated to make way for the new Police facility.
Ms. Duncan then read a quote from former Councilmember Gregg Cox, who served on the
Council with Mayor Hyde. She was hopeful that an appropriate monument would be chosen and
placed in the park to honor Will 1. Hyde.
Patricia Aguilar spoke in support of the recommendation.
ACTION: Deputy Mayor Salas offered Resolution No. 2004-362, heading read, text waived:
RESOLUTION NO. 2004-362, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA RENAMING
FRIENDSHIP PARK TO WILL T. HYDE FRIENDSHIP PARK
The motion carried 4-0-1, with Councilmember Rindone abstaining due to the
proximity of his property to Friendship Park.
Councilmember Rindone returned to the dais at 6:57 p.m.
8. CONSIDERATION OF APPROVAL OF EXPANSION OF THE SCOPE OF THE
OFFICE OF CULTURAL ARTS, RECLASSIFICATION OF THE EXISTING FUNDS
DEVELOPMENT/STRATEGIC PLAN MANAGER POSITION, AND
APPROPRIATION OF FUNDS FOR THE CREATION OF A CULTURAL ARTS
MASTER PLAN AND FOR CHULA VISTA'S TASTE OF THE ARTS FESTIVAL
Arts and culture are an integral part of the cultural, economic and aesthetic environment
of the Chula Vista community and should be promoted and coordinated by the City in a
manner that creates a favorable image, climate for artistic development, and cultural
awareness. Adoption of the resolution approves the expansion of the scope of the Office
of Cultural Arts, reclassifies the existing Funds Development/Strategic Plan Manager
position to Cultural Arts and Fund Development Manager, and appropriates $125,000 for
the creation of a Cultural Arts Master Plan and enhancement of Chula Vista's Taste of
the Arts festival. (Assistant City Manager Palmer)
Page 5 - Council Minutes November 16, 2004
- ··_'_AA~_" ....... .........
ACTION ITEMS (Continued)
Assistant City Manager Palmer briefly introduced the item, and Funds Development/Strategic
Plan Manager Reinhart presented the staff report.
Councilmember Rindone said he was hopeful that an assessment would be made on a specific
lead coordinator position for arts enhancements in elementary and high schools. Assistant City
Manager Palmer responded that staff would continue to work with the school districts.
Councilmember Rindone suggested that an annual arts report be provided to the Council.
Fran Cornell, representing the Chula Vista Cultural Arts Commission, was hopeful that a draft
vision statement would be included in the arts master plan.
John Clingan, representing the Chula Vista Boys and Girls Club, stated that the expansion of
cultural arts in the City would increase involvement opportunities for disadvantaged youth,
particularly those who reside on the west side ofthe City.
Natasha Martinez, representing the Eastlake Company, stated that the company would continue
to provide support to the various arts programs in the City. She commented on an exceptional
proposed master plan and said the Eastlake Company would pledge its support in moving the
proposed plan forward.
Chris Redo, representing the Chula Vista Cultural Arts Commission, believed that the economic
vitality of the community was tied to cultural arts opportunities for its citizens and visitors. He
spoke in support of staff s recommendation.
Dalouge Smith, representing the San Diego Regional Arts Coalition, also supported the
recommendation, stating the expansion of cultural arts would transform the City into a cultural
destination and broaden opportunities for its citizens. He believed the cultural arts master plan
would give guidance to future elected officials and staff to create a legacy for citizens by
cultivating and celebrating the gift of artistic creativity.
Angie Bitscow, representing San Diego Junior Theatre, extended appreciation to the City for its
support of the theatre's satellite location in Chula Vista. She stated that the theatre is currently
working with McMillin Elementary School by introducing drama classes to the students. She
encouraged the Council to support the proposed resolution and was hopeful of continued ties
with the Cultural Arts Commission.
Deputy Mayor Salas requested that the City be more involved in the junior theatre, particularly
with regard to fundraiser events. She stated that she would like to see the City participate fully
next year by supporting the growth and development of cultural arts. She recognized the
strength and talent of the current members of the Cultural Arts Commission and also recognized
Cultural Arts Coordinator Todd and Funds Development/Strategic Plan Manager Reinhart, along
with the support of Assistant City Manager Palmer, for their efforts in promoting cultural arts.
Page 6 - Council Minutes November 16, 2004
- ___.__~__~____ ___"·_____._______.._._u___.._____
ACTION: Deputy Mayor Salas then offered Resolution No. 2004-363, heading read, text
waived:
RESOLUTION NO. 2004-363, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE
EXPANSION OF THE SCOPE OF THE OFFICE OF CULTURAL
ARTS AND APPROPRIATING FUNDS FROM THE AVAILABLE
BALANCE OF THE GENERAL FUND FOR THE CREATION OF A
CULTURAL ARTS MASTER PLAN AND ENHANCEMENT FUNDS
FOR CHULA VISTA'S TASTE OF THE ARTS FESTIVAL
The motion carried 5-0.
Deputy Mayor Salas commented that it had been a joy and privilege working with staff and the
commissioners in supporting cultural arts.
OTHER BUSINESS
9. CITY MANAGER'S REPORTS
There were none.
10. MAYOR'S REPORTS
There were none.
II. COUNCIL COMMENTS
. Patty Davis:
REPORT REGARDING A PROPOSAL WITHIN THE COUNTY OF
SAN DIEGO TO ALLOW THE STEEL CANYON GOLF COURSE TO
EXTRACT GROUNDWATER FOR IRRIGATION PURPOSES
The proposed project in San Diego County would allow intermittent
groundwater extraction to supply all, or portions of, the water needed to
irrigate the Steel Canyon Golf Course and the common landscaped area
within the residential portion of the development.
Staff recommendation: Council oppose the project and authorize the
Mayor to send a letter to the County of San Diego informing them of the
City's concerns.
Mayor Padilla asked that Council comments be reflected verbatim in the minutes for attachment
to a letter to the County.
Page 7 - Council Minutes November 16,2004
___'___"___ ___ ___···.··_._·0·_·'
COUNCIL COMMENTS (Continued)
Councilmember Davis: "Thank you Mr. Mayor. We also have some staff here to answer any
questions. This was brought to me by some residents of East County concerned that Steele
Canyon Golf Course originally was put in 17 years ago with the prohibition for using ground
water, and that now they've come back to the Board of Supervisors to ask if they can use 600
acre-feet a year of groundwater, which is 196 million gallons of water. I had concerns when I
heard about it, and so I went to our staff to have them look into and give me some answers about
my concerns; but also to the Otay Water District, who now sells them over $500,000 worth of
water a year, and I think that's a concern - the loss of revenue to Otay Water - and Otay Water
has gone on the record as being opposed to this. I was also concerned about Sweetwater
Authority and concerned about Sweetwater Valley River with the loss of water and the
Sweetwater aquifer, because the aquifer is on overdraft. My concern is with the habitat and the
wildlife refuge - and you do have on the dais tonight a supplemental from Mendel Stewart nom
U.S. Fish and Wildlife that just came in this afternoon to give you some information from him
that there is some concern about that - and as the Sweetwater Valley River flows down to the
Sweetwater marsh, that all of the water that is below that level, there is concern about having so
much water removed. So I asked our staff to look at the Environmental Impact Report and come
back and tell me if I was going the wrong way or not. My biggest concern is the taxpayers of
Chula Vista, the people who participate with Otay Water, having their rates go up based on the
operation of Otay Water. The other, Sweetwater Authority, has not come out in opposition.
When I spoke to them, they were more concerned about riparian water rights that exist; being a
water company, that was their major concern. Mine is the habitat and the Sweetwater Valley. I
think that's important, and I think we all, you know, as a realtor I've been there at East County to
sell houses at times; you see houses that are on the market that have lost their wells. To go back
17 years later to ask for using ground water for a golf course seems to be bad public policy to me
and not the direction that we all want to go. Water is such a precious resource, I think we need
to be very careful what we do. So I know there are some speakers here tonight, Mr. Mayor, to
speak about the subject, but my concern about the City of Chula Vista, the Sweetwater Valley
River and the wildlife refuge, the marsh, the possible rising cost to taxpayers who are from the
water provider of Otay Water, had me bring this to you to ask to write a letter to the County
Board of Supervisors to advise them, if we do so take a position, that we oppose this and think
there's some concerns that need to be addressed."
Mayor Padilla noted faxed correspondence on the dais from the Fish and Wildlife Service and
California Department ofFish and Game, dated November 15, 2004, to Diane Jacob, San Diego
County Board of Supervisors, from Mendel Stewart and Donald Chadwick.
William Schwartz, representing Steele Canyon Golf Course, spoke in opposition to staffs
recommendation, stating that the project seeks a limited use of ground water as a supplement to
the Otay Water District water, and only in cases where water is plentiful and available. He stated
that the specific plan approved by the County states that prior to use of ground water for golf
course irrigation, a ground water study shall be prepared and a specific plan amendment shall be
processed. He stated that the ground water study has been completed and that the specific plan
amendment is presently pending before the County. He stated that this is a limited and regulated
use of ground water, and every measure has been taken to ensure that there will be no impacts.
He submitted copies ofan agreement between Steele Canyon and the Otay Water District, dated
1989, to indicate that the Otay Water District has required the developer to diligently pursue
seeking groundwater resources because of a concern that it would be unable to provide water for
the golf course for up to four months of every year. He believed that the request by Steele
Canyon would not impact the Otay Water District.
Page 8 - Council Minutes November 16, 2004
_ ",',_.,,_ "_._ __ ..'m__.__.__....________ _..__...._._."..__.__-.-..____.._
COUNCIL COMMENTS (Continued)
Mayor Padilla: "Thank you very much, Mr. Schwartz, and I appreciate you operating under
constraints. A question for you: the current major use permit the County does currently,
although it's whether there's an application for an exemption, but it explicitly disallows tapping
that ground water draw down for these particular uses, does it not?" Mr. Schwartz responded
that the current major use pennit does reflect that, but that it was imposed as a result of the fact
that there was no groundwater study done at the time of approval of the Steel Canyon project,
and that the specific plan does permit the process to move forward to authorize groundwater use
by the County Board of Supervisors.
Mike Mitzel, representing Steel Canyon Golf Course, stated that outside of the framework of the
requirements by the County ordinance of fair and equitable use of groundwater users, the
company has devised a plan that utilizes regulated uses of water with a limit of 600 acre-feet,
which would be permissible only when groundwater thresholds are at reasonable levels. He
added that the company also has wells and monitoring requirements that would require a weekly
report of groundwater extractions to be submitted to the County. He added that the company is a
responsible water user, with a state-of-the-art system that manages and maintains the course in
the most efficient way possible. He believed that they are a model for future users in the County
and that the program places the company in the position of being the only limited and monitored
groundwater user in the basin.
Mayor Padilla: "Mr. Mitzel, does your system make use of reclamation or conservation
technologies to reduce the demand of acre-feet for this particular use?" Mr. Mitzel responded
that there is no reclaimed water within the basin to utilize, and that it would go against the
covenant set by Sweetwater. Mayor Padilla: "What about internally at your own site?" Mr.
Mitzel responded that the course was designed in such a way as to capture as much groundwater
as possible that falls within the basin, and that the company takes advantage of every opportunity
to garnish and/or save groundwater.
Councilmember Rindone: "I don't know if it's appropriate for you or Mr. Schwartz, but when
Mr. Schwartz was at the podium, - and ifhe prefers to answer other than yourself - he had made
the comment that the Otay Water District had opposed this, but he felt that because of the
expansion of the need and so forth, that that probably would not be as deterious to their fmancial
situation as, at least that's my interpretation of the intent of his comment, as would appear to be,
but I'm perplexed by that comment, because that's solely based on an interpretation, at least in
my opinion, of the fiscal status of the Otay Water District, instead of the supply, which I would
deem would be their primary concern. Do you; would you like to respond to that, or should Mr.
Schwartz respond to that?" Mr. Mitzel requested that Councilmember Rindone repeat his
question. Councilmember Rindone: "I was perplexed, since the Otay Water District has
officially opposed this proposal, why Mr. Schwartz made the comment that he felt that because
of the increased business, it would not be as detrimental to them as perhaps imagined. I was
perplexed by that comment because obviously it's not just the financial considerations, but it
would be the supply of the water, and so I wanted a clarification of that comment." Mr. Mitzel
replied that Steele Canyon has a document that clearly states that it is their commitment, stated
forth by Otay Water Company, to seek alternate sources of water for irrigation. He added that at
a meeting with Otay Water Company executives, Otay Water stated clearly that it has more uses
upcoming within its grid than it can handle with the excess water, and that Steele Canyon
seeking alternative water sources would be beneficial.to the basin. He added that the water is
degraded and cannot be utilized for anything other than irrigation. Councilmember Rindone:
"So, that's your assessment from talking with the board members from Otay Water or staff from
Otay Water?" Mr. Mitzel responded that the talks occurred with Otay Water staff.
Page 9 - Council Minutes November 16, 2004
~....- --"...~-- -- - --_."._--~._--.,,-,,_.-.. ~..-.--
COUNCIL COMMENTS (Continued)
Councilmember Davis: "In the letter from Otay Water - and I thought you had it in your
packet, but apparently you don't - it says, "the Otay Water District opposes the use of
groundwater for irrigation because it is not consistent with our approved water resources master
plan and master environmental impact report. Moreover, Otay Water District made a significant
investment in the design, construction and maintenance of the water distribution network serving
the golf course and common areas. We estimate lost revenue from this action would be
approximately $550,000 annually in gross revenue, which is currently included in the Otay
Water District's operating budget." And I know Mr. Armando Buelna is here if you have any
questions from Otay Water tonight.
Deputy Mayor Salas: "I'm looking at the Lorna Del Sol water agreement .that was dated in
1989, and at that point, it looks like you were required by the district to look at the alternative
water supply using the groundwater, and then this directive, this letter, which is dated recently, it
seems to be in conflict with this particular agreement, so you know, its like, I think this is a
question maybe better for Armando, because the way that I read it is, this Del Sol agreement is
wanting them to use the groundwater and then this most current letter is in opposition to it. So
there must have been something intervening, something that happened, some policy decision in
between time that caused those kind of conflicting ideas there." Armando Buelna, representing
the Otay Water District, explained that the ponds at the Steele Canyon Golf Course were
envisioned to be filled with potable water, and the groundwater they were looking at would be a
supplement to that potable source. He added that 600 acre-feet is enough water to serve 1,200
homes for a year, and he believed that the request by Steel Canyon to withdraw that much water
from the system would have a significant impact on the district and on its ratepayers.
John Peterson, representing Steele Canyon Golf Course, a registered Geologist and certified
Hydro Geologist, stated that the proposed project has gone through seven years of testing, and he
was confident that a project can be implemented that would mitigate environmental impacts. He
stated that the proposed project is about hydrology and the use of water and the mitigation for
those impacts. He explained that four Hydro Geologists have all determined that this project
mitigates those impacts, and the project meets the requirements of the California Environmental
Quality Act (CEQA) and the County groundwater ordinance. He added that the project has gone
through the process to ensure compliance with applicable state and local environmental
regulations.
Councilmember Davis: "Mr. Peterson, on the report from Mendel Stewart from U.S. Fish and
Wildlife, it said that they had used 650 acre-feet of water annually, but apparently they said there
was a mistake in the other golf courses. Rancho San Diego Golf Course said that it actually
draws 1,500 acre-feet of water per year. Did you read that in this report that we got today, that it
wasn't 650, that it was 1,500?" Mr. Peterson replied that he had seen the report and was
surprised by the information, and that a call hadbeen placed to Mr. Idler of Rancho San Diego
Golf Course for clarification of the numbers. Councilmember Davis: "So if he does use 1,500
versus 650, it sure makes a big difference in the aquifer, too, right?" Mr. Peterson responded
affirmatively, adding that Rancho San Diego Golf Course has no limitations control on the terms
of its use. Councilmember Davis: "But they've been there a very, very long time, right?" Mr.
Peterson responded affirmatively, stating that they are operating legally with no controls on
groundwater use.
Page 10 - Council Minutes November 16, 2004
COUNCIL COMMENTS (Continued)
John Henkel, a Jamul resident, stated that a number of area commissions voted unanimously to
oppose the proposaL He stated that Steele Canyon is asking for 100 percent of its water usage,
did not approach the neighbors on the matter, has a self-monitoring system, and is working off
historical wells, and is not willing to guarantee replacement of any wells that may dry up. He
believed that the issue must be addressed in total.
Angel Salazar, a resident of the Steele Canyon neighborhood, expressed concern about those
who are unable to protect themselves, such as woodlands, wildlife, and the future generations of
people. He added that that the eco system is extremely dependent upon water. He also spoke on
behalf of the homeowners in the area who were not notified of the Steel Canyon proposal and
asked the Council to consider the voices of the Valle De Oro Planning Commission,
JamuVDulzura Planning Commission, San Diego Planning Commission, and Otay Water
District, who all oppose to the proposal.
Jack Doherty, an EI Cajon resident, believed that the proposal would have significant impacts
upon residents in the area, stating that he relies solely on well water for household purposes. He
asked the Council to support the recommendation by staff.
Mayor Padilla: "I'm going to commend Councilmember Davis for your leadership on this issue
and for being so strong about it, and for bringing it to our attention in this manner. After
reviewing all the materials and listening to all the testimony, I can tell you that it's my only
conclusion that this issue is not about hydrology, with all due respect, it's not about a buy-in by
the CEQA provisions to analyze impacts, it's really about public policy in diverting and
allocating a scarce public resource to a private purpose, and whether that's appropriate or not,
and whether or not the impacts of that are appropriate to the region and to this community, it is
clear to me that they are not, so Ms. Davis, I'm going to be very pleased to support your
leadership and your direction on this issue."
Councilmember Davis: "Mr. Mayor, I'd like to move the staffrecommendation to send a letter
to the County Board of Supervisors informing them of our opposition to the Steele Canyon
amendment to their major use permit and use of groundwater extraction."
Deputy Mayor Salas: "Mr. Mayor, I will second that, and I also want to express my
appreciation to Councilmember Davis. I know the phrase, think globally but act locally. I'm
really glad that Patty was thinking globally and, no, thinking globally and acting locally."
Councilmember Rindone: "Yes, I too want to commend Councilwoman Davis for her
leadership in this area, because it has become very clear to me that this does impact many of the
residents which we also represent as well, and the issues are too critical not to take opposition to
this proposal, because we must represent them as well, and this would be, I don't think it could
be more clearly stated than the way the Mayor said. So I certainly will have no question to
wholeheartedly support to oppose this project and send that letter, and I think your leadership,
Patty, is appreciated, and thank you very much."
Page II - Council Minutes November 16, 2004
-_._._-_._..__.--,---_._....~~
COUNCIL COMMENTS (ContinuedO
Mayor Padilla: "I would add to that direction, with the consent of the Council, pursuant to our
rules, that the Clerk prepare verbatim minutes, with respect to the Council comments on this
item, to be attached to the letter that I'm directed to send, if that's all right with the members of
the Council. Thank you, Madam Clerk."
ACTION: Councilmember Davis moved to oppose the project and authorize the Mayor to
send a letter to the County of San Diego informing them of the City's concerns
and attaching verbatim minutes with respect to Council comments. The motion
carried 5-0.
Deputy Mayor Salas informed the public of an upcoming Christmas play, La Pastorela de los
Inrnigrantes, directed by Chula Vista resident William Virchis, to be held at the Old Globe
Theatre from December 10 through December 23, 2004, at a cost of $20.00 per ticket. .
Councilmember McCann commended the Council for its presence at the recent Veterans Day
event in Memorial Park. He stated that he and his family attended the "Movies in the
Moonlight" event at Heritage Park last Friday, which was a great event, and he encouraged
families to attend the next movie on Friday, November 19, 2004 at 7:00 p.m. at Heritage Park.
CLOSED SESSION
12. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
. ARB v Eastlake (SDSC #GISI5582)
No reportable action was taken on this item.
13. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c)
. One case
ACTION: Direction was given to staff and no reportable action was taken.
ADJOURNMENT
At 8:45 p.m., ChairlMayor Padilla adjourned the meeting to the Adjourned Regular Meeting on
November 17, 2004 at 7:00 p.m., in the Police Department Community Room, and thence to the
Regular Meeting of November 23, 2004, at 6:00 p.m. in the Council Chambers.
.,..----. .
Lorraine Bennett
Deputy City Clerk
Page 12 - Council Minutes November 16, 2004
MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
AND A SPECIAL MEETING OF THE PLANNING COMMISSION
OF THE CITY OF CHULA VISTA
November 17, 2004 7:00P.M.
An Adjourned Regular Meeting of the City Council and a Special Meeting of the Planning
Commission of the City of Chula Vista were called to order at 7:06 p.m. at the Chula Vista
Police Department, 315 Fourth Avenue, Chula Vista, California.
On roll call, there were:
PRESENT: Councilmembers: Davis, McCann, Rindone, Salas, and Mayor Padilla
Planning Commissioners: Felber, Hall, Madrid, O'Neill, Castañeda, and Chair
Cortes
ABSENT: Commissioner Horn
ALSO PRESENT: City Attorney Moore, City Manager Rowlands, and Deputy City Clerk
Bennett
Councilmember McCann and Planning Commissioner O'Neill both stated that they own property
located within the project area and would, therefore, abstain from discussion and voting on the
item. They left the meeting at 7:08 p.m.
City Attorney Moore reported for the record that the City Attorney's Office received an opinion
from the Fair Political Practices Commission that permits Deputy Mayor Salas and
Councilmember Rindone to participate in the Urban Core Specific Plan because of the general
public purpose ofthe Fair Political Practices Act.
I. PRESENTATION OF THE URBAN CORE PLANNING OVERVIEW
Discussion regarding the urban core area, including relationships with the General Plan
Update and the Urban Core Specific Plan.
Assistant Director of Community Development Smith introduced and welcomed special guest
Lucetta Dunn, Director of the California Department of Housing and Community Development.
Assistant Director Smith then discussed the emerging, thriving, maturing and declining life-cycle
of the Chula Vista community, as well as the effects of external forces on areas of the
community that have been subject to decline and dis-investment. She posed the question of how
the City could move from declining to re-inventing itself as a thriving City.
Planning and Building Director Sandoval presented the City's vision, addressing topics such as
smart growth, qualifiers, land plan, ground rules for plans and projects, and a new transportation
paradigm.
/
-.--"... . ,,_____..,_ _..__~________._ ."M__·_'~'"
URBAN CORE PLANNING (Continued)
Mark Brodeur, architect/consultant for the Urban Core Specific Plan, presented the following
key principles of the plan:
- Develop a vibrant, distinct urban atmosphere with a day to evening environment.
- Build on and enhance Chula Vista's cultural and historic traditions and diversity.
Foster visible cultural and civic amenities, such as urban parks, outdoor dining
opportunities and civic promenades.
- Establish a hierarchy of building forms with greatest densities at key nodes.
- Connect and integrate the Bayfront, east Chula Vista and individual focus areas
within the urban core.
- Create lively and pedestrian-friendly environments through a concentration of
activities in a compact, mixed-use setting.
- Transition new development to minimize impacts on existing residential
neighborhoods.
- Provide creative parking strategies, including parking districts, structures and
reductions.
- Define unique identities for focus areas through individualized streetscape design
and public spaces.
- Restore the historic street grid layout in order to maximize transportation choices
and increase mobility and circulation opportunities for pedestrians, transit and
automobiles.
Community Development Director Madigan explained the process of how the City could shift
from planning to emerging and thriving.
Lucetta Dunn, Director of the California Department of Housing and Community Development,
commended the City on its state-of-the-art vision. She stated that the message from the state
level is managed and smart growth, new urbanism, and the importance of implementing a plan
for growth. She added that grid-locked freeways and soaring costs of homes are not good for the
state, and the administration has made it clear that housing is the lynch pin of a prosperous
economy, a quality environment, and social equity. She reported that the state is one million
homes behind on the demand for housing, and every year 225,000 homes are needed to meet the
natural population growth of the state. She spoke about the perception in some less progressive
communities regarding the preservation of open space, stating that in order to meet the goal to
protect the environment, cities must choose to build vertically. Ms. Dunn stated that the
Governor has made it very clear that legislation is being worked on that will address the
requirement by cities to prepare a 20-year supply of land, zoned and ready to go in the
appropriate places, protecting the environment and protecting the most productive agricultural
land. She spoke in support of the City's visions for "no junk" construction projects and the
components for critical landscaping and open space. She added that the state is seriously seeking
methods to provide cities with incentives, reward them for good behavior, and create additional
funding for affordable housing and connections to the transportationlhousing link. Ms. Dunn
commended the City for tackling the tough issues in a first-class manner.
Page 2 - CounciVPlanning Conunission Minutes November 17, 2004
URBAN CORE PLANNING (Continued)
Commissioner Castaneda expressed concern about the return on investment for investors and the
community, and how to demonstrate to residents today that what occurs in downtown Chula
Vista is not going to adversely impact but, rather, enhance their lives. He questioned how the
City intends to look ten years into the future to ensure that it does not make the mistakes that
downtown San Diego is currently realizing. Director Sandoval responded that any development
that occurs in the City has to adhere to the policies of the General Plan to protect the single-
family neighborhoods. Mr. Brodeur added that the City has to re-visit its long-term plans every
five years in order to be responsive to market and emerging changes. Director Madigan
expressed the importance of investing in amenities for the community.
Commissioner Madrid expressed concern about access issues between the east and west regions
of the City as a result of Interstate 805, which has created a wall between the two communities.
She suggested consideration of a plan that would include the construction of a tunnel down H
Street or a freeway to connect the two communities, as well as links to the bayfront. Director
Sandoval responded that the General Plan contains a circulation element that shows the size and
location of the transportation facility to serve the plan. He added that the successful passage of
Proposition lA would place the City first in line for a mass transit system. Commissioner
Madrid expressed concern that the proposed roadways would not accommodate the increase in
traffic. Councilmember Rindone responded that the Council would be working to ensure that the
urban core would be a draw for the community and that there would be alternative rapid
transportation available to avoid being dependent solely on automobiles.
Commissioner Hall asked the status of existing business districts with regard to tax revenues and
if the City would be considering new infrastructure to attract business investors. Mayor Padilla
responded affirmatively, stating that change must occur for the viability and survival of the City
in the future. He stated that the proposed plan is broad and must also be flexible to allow room
to revitalize the blighted areas and preserve and enhance the historical areas. He emphasized that
the Urban Core planning presentation represents an overview only, and no specific guidelines
have been set for the plan.
Deputy Mayor Salas believed that the proposed plan would provide a wonderful opportunity for
the community to return to a village atmosphere and create an urban environment. She stated
that growth would not occur if the City were not willing to take risks and make changes.
Commissioner Felber suggested that loop roads or arterials between the east and west regions of
the City be considered to provide easy access. He was hopeful that the City would also work
with the state to help mitigate potential freeway congestion as a result of increased densities
within the City. He asked about the transition from single-family neighborhoods to high-rise
buildings, and its effects on the residents. Mr. Brodeur replied that the intensity of development
would transition in height, depending upon location.
Councilmember Rindone stated that the residents need to know that they will benefit from the
results of private capital that will be directed back into the community.
Page 3 - ConociVPlanning Commission Minutes November 17,2004
-_.--_.,-,------~------_._~- -,'----
URBAN CORE PLANNING (Continued)
The following members of the public spoke in favor of the Urban Core planning overview:
Ian Gill Cory Shepard Steve Molski
Jim Michaelson Bill Hall Lupita Jiminez
John Moot Mr. Peterson John Girasela
Patricia Aguilar Jennifer Andrews Caliyto Pena
Juan Cesèna Lisa Moctezuma Bill Tripp
Rich Gustafson Isabella Ryals Jerry Segal
Mike Najera Tina Medina
David Wood expressed concern regarding affordable housing and housing for the elderly. He
asked about housing costs and where the proposed housing would be built in relation to the
promenade area. He stated that there needs to be concrete evidence regarding what will be done
to the existing homes that will be replaced with the new proposed plan.
Mr. Peterson believed that people in the community are not confident that the Council and
Planning Commission can accomplish the proposed project in a successful manner and expressed
the need for increased public relations throughout the community.
Lisa Moctezuma suggested the implementation of an underground transport system.
Lupita Jiminez maintained that the Council and developers have a responsibility to address the
impacts of the proposed project on the environment and individuals.
No action was taken by Council on this item.
ORAL COMMUNICATIONS
There were none.
Commissioner Castaneda announced that as of December 8, 2004, he would no longer be serving
as a Planning Commissioner due to his election to the City Council. To that end, he expressed to
his colleagues that it had been a pleasure and an honor to serve with them, and he added that his
door will always be open. He reaffirmed that the City's appointed commissions are the
backbone ofthe decision-making process of the City.
At 9:44 p.m., Mayor Padilla, concurrent with Planning Chair Cortes, adjourned the City Council
and Planning Commission meeting to the Regular Meeting of the City Council on November 23,
2004 at 6:00 p.m. in the Council Chambers, and to the Regular Meeting of the Planning
Commission on December 8, 2004 at 6:00 p.m. in the Council Chambers.
----
Lorraine Bennett
Deputy City Clerk
Page 4 - CouncillPlanning Connnission Minutes November 17, 2004
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
November 23, 2004 6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6: 13
p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue,
Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Davis, Rindone, Salas, and Mayor
Padilla
ABSENT: Councilmembers: McCann
ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk
Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. OATH OF OFFICE: DINA CHAVEZ, HOUSING ADVISORY COMMISSION
City Clerk Bigelow administered the oath, and Deputy Mayor Salas presented her Ms. Chavez
with her certificate of appointment.
CONSENT CALENDAR
(Items 1 through 14)
With reference to Item 7, Councilmember Rindone asked staff to submit a memo to Council
regarding the tax savings and associated incentives to homeowners derived from the historical
designation.
With reference to Item 7, Deputy Mayor Salas commended historic homeowners for the research
they have performed on their homes. She expressed the need for Council to keep on track with
its intent to inventory historic homes in order to identify areas in the City that need to be
preserved.
I. ORDINANCE NO. 2989, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION
2.05.010, RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS,
TO ADD THE POSITION OF HUMAN RESOURCES OPERATIONS MANAGER
(SECOND READING)
Page I - Council Minutes I November 23,2004
_. ____..~~...~._.M_...__··_.__'"·. _ _____+_____._.,,__ _ ____~___
CONSENT CALENDAR (Continued)
Adoption of the ordinance amends the Municipal Code to add a key managerial position
to the Human Resources Department, which will allow staff to conduct day-to-day
operations in a more efficient and effective manner. This ordinance was introduced on
November 16,2004. (Director of Human Resources)
Staff recommendation: Council adopt the ordinance.
2. RESOLUTION NO. 2004-364, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA DESIGNATING 181 MADRONA STREET AS A
HISTORIC SITE AND PLACING 181 MADRONA STREET, THE ALMOND
PICKERING HOUSE, ON THE CITY OF CHULA VISTA LIST OF HISTORIC SITES
IN ACCORDANCE WITH MUNICIPAL CODE SECTION 2.32.070(A)
The property owners of 181 Madrona Street have requested that their property, the
Almond Pickering House, be considered for inclusion on Chula Vista's list of historic
sites. The Resource Conservation Commission considered the request at its October 4,
2004 meeting and recommended that the house be placed on Chula Vista's list of historic
sites. (Director of Planning and Building)
Staff recommendation: Council adopt the resolution.
3. RESOLUTION NO. 2004-365, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA DESIGNATING 186 CYPRESS STREET AS A HISTORIC
SITE AND PLACING 186 CYPRESS STREET, THE JAMES WILLIAMS HOUSE,
ON THE CITY OF CHULA VISTA LIST OF HISTORIC SITES IN ACCORDANCE
WITH MUNICIPAL CODE SECTION 2.32.070(A)
The property owners of 186 Cypress Street have requested that their property, the James
Williams House, be considered for inclusion on Chula Vista's list of historic sites. The
Resource Conservation Commission considered the request at its October 4, 2004
meeting and recommended that the house be placed on Chula Vista's list of historic sites.
(Director of Planning and Building)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION NO. 2004-366, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA DESIGNATING 20 SECOND AVENUE, THE ROSE
BARROWS HOUSE, AS A HISTORIC SITE AND PLACING THE ROSE BARROWS
HOUSE ON THE CITY OF CHULA VISTA LIST OF HISTORIC SITES IN
ACCORDANCE WITH MUNICIPAL CODE SECTION 2.32.070(A)
The property owner of 20 Second A venue, the Rose Barrows House, has requested that
this property be considered for inclusion on Chula Vista's list of historic sites. The
Resource Conservation Commission considered the request at its October 4, 2004
meeting and recommended that the house be placed on Chula Vista's list of historic sites.
(Director of Planning and Building)
Staff recommendation: Council adopt the resolution.
Page 2 - Council Minutes November 23,2004
CONSENT CALENDAR (Continued)
5. RESOLUTION NO. 2004-367, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA DESIGNATING 238 SECOND A VENUE AS A HISTORIC
SITE AND PLACING 238 SECOND A VENUE, THE JOHN M. DAVIDSON HOUSE,
ON THE CITY OF CHULA VISTA LIST OF HISTORIC SITES IN ACCORDANCE
WITH MUNICIPAL CODE SECTION 2.32.070(A)
The property owners of 238 Second A venue have requested that their property, the John
M. Davidson House, be considered for inclusion on Chula Vista's list of historic sites.
The Resource Conservation Commission considered the request at its October 4, 2004
meeting and recommended that the house be placed on Chula Vista's list of historic sites.
(Director of Planning and Building)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION NO. 2004-368, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA DESIGNATING 254 FIFTH AVENUE AS A HISTORIC
SITE AND PLACING 254 FIFTH A VENUE, THE MARTIN SETTE HOUSE, ON THE
CITY OF CHULA VISTA LIST OF HISTORIC SITES IN ACCORDANCE WITH
MUNICIPAL CODE SECTION 2.32.070(A)
The property owner of 254 Fifth Avenue has requested that this property, the Martin
Sette House, be considered for inclusion on Chula Vista's list of historic sites. The
Resource Conservation Commission considered the request at its October 4, 2004
meeting and recommended that the house be placed on Chula Vista's list of historic sites.
(Director of Planning and Building)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION NO. 2004-369, RESOLUTION OF THE CITY COUNCIL OF CHULA
VISTA APROVING THE EXECUTED MILLS ACT CONTRACTS BETWEEN THE
CITY OF CHULA VISTA AND THE OWNERS OF THE HISTORIC PROPERTIES
LOCATED AT 181 MADRONA STREET, 186 CYPRESS STREET, 254 FIFTH
AVENUE, 238 SECOND AVENUE, 20 SECOND A VENUE, AND 62 COOK COURT;
AND AUTHORIZING THE MAYOR TO SIGN SAID CONTRACTS
Staff has prepared contracts for the each of owners of historic homes who want to
participate in the Mills Act program. Upon authorization by the City Council, the City
will enter into the contracts which will then be forwarded to the County Assessor's office
for recordation, making the properties eligible for tax credit in the next assessed tax year.
(Director of Planning and Building)
Staff recommendation: Council adopt the resolution.
Page 3 - Council Minutes November 23,2004
.-.~.....~----~-
CONSENT CALENDAR (Continued)
8. RESOLUTION NO. 2004-370, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE ELIMINATION OF ONE SPECIAL
PLANNING MANAGER POSITION, WAIVING THE FORMAL CONSULTANT
SELECTION PROCESS, APPROVING THE FIRST AMENDMENT TO AN
AGREEMENT WITH RBF CONSULTING, AUTHORIZING THE MAYOR TO
EXECUTE SAID FIRST AMENDMENT, AND AMENDING THE FISCAL YEAR
2005 BUDGET OF THE PLANNING AND BUILDING DEPARTMENT BY
REMOVING THIS POSITION
In August 2002, the Council approved the creation of a Special Planning Project Manager
position to be dedicated to the Eastern Urban Center project to be funded at full-cost
recovery by developer McMillin Otay Ranch, LLC. Mr. Jeffrey C. Barfield, Special
Planning Project Manager, is leaving the City to return to his former long-time employer,
RBF Consulting. To keep the continuity in the project, staff recommends transferring the
processing of the project to RBF Consulting by amending an existing two-party
agreement and specifying Mr. Barfield continue as the project manager. (Director of
Planning and Building)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION NO. 2004-371, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE DEFERRED
COMPENSATION PLAN AGREEMENT TO INCLUDE A LOAN PROVISION
The City has offered a Deferred Compensation Plan to employees since 1975. Adoption
of the resolution approves an amendment to create a loan provision in the plan, which
would allow participants to take loans against their deferred compensation balances,
thereby providing greater flexibility and access to these funds. (Director of Finance)
Staff recommendation: Council adopt the resolution.
10. RESOLUTION NO. 2004-372, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE DEFERRED
COMPENSATION PLAN AGREEMENT WITH ICMA RETIREMENT
CORPORATION
ICMA Retirement Corporation has been one of the City's Deferred Compensation plan
administrators since 1986. Adoption of the resolution approves an amendment to
establish a five-year fixed term agreement in exchange for reduced administrative costs,
thus yielding higher returns for employees participating in the plan. (Director of Finance)
Staff recommendation: Council adopt the resolution.
Page 4 - Council Minutes November 23, 2004
CONSENT CALENDAR (Continued)
11 A. URGENCY ORDINANCE NO. 2990-A, URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA REPEALING ORDINANCE NO. 2884,
RELATING TO THE PUMPED SEWER DEVELOPMENT IMPACT FEE
B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
REPEALING ORDINANCE NO. 2884, RELATING TO THE PUMPED SEWER
DEVELOPMENT IMPACT FEE (FIRST READING)
C. RESOLUTION NO. 2004-373, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROPRIATING THE UN-APPROPRIATED BALANCE
OF FUNDS IN THE PUMPED SEWER DEVELOPMENT IMPACT FEE FUND, TO
THE TELEGRAPH CANYON TRUNK SEWER IMPROVEMENT PROJECT (SW224)
On March 15, 1994, the City Council adopted Ordinance No. 2582, which established the
Telegraph Canyon Sewer Basin Pumped Flows Development Impact Fee to fund
improvements to the Telegraph Canyon sewer main due to out-of-basin flows from the
Salt Creek Basin. On October 22, 2002, this fee was amended by Ordinance No. 2884 to
rename it to "Pumped Sewer Development Impact Fee," and to allow the use of either
Telegraph Canyon Trunk Sewer or the Poggi Canyon Trunk Sewer to convey the out-of-
basin flows. Now that the Salt Creek Trunk Sewer has been constructed, and there is no
longer any need to pump flows out of the Salt Creek basin, staff recommends that the fee
be repealed. (Director of General Services, City Engineer)
Staff recommendation: Council adopt the urgency ordinance and the resolution, and
place the ordinance on first reading.
12. RESOLUTION NO. 2004-374, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005 LffiRARY
DEPARTMENT BUDGET BY APPROPRIATING UNANTICIPATED EVEN START
GRANT AUGMENTATION FUNDS IN THE AMOUNT OF $18,833 FOR
EXPENDITURES ASSOCIATED WITH THE CHULA VISTA LITERACY TEAM'S
EVEN START FAMILY LITERACY GRANT
The Chula Vista Literacy Team recently received notice from the California Department
of Education of a one-time augmentation to the Even Start grant in the amount of 18,833.
(Assistant City Manager Palmer)
Staff recommendation: Council adopt the resolution.
13. RESOLUTION NO. 2004-375, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $454,112 FROM THE OFFICE OF TRAFFIC
SAFETY FOR DUI ENFORCEMENT GRANTS, ADDING ONE POLICE AGENT
AND ONE PEACE OFFICER, AMENDING THE FISCAL YEAR 2004/2005 POLICE
BUDGET, AND APPROPRIATING FUNDS THEREFOR
Page 5 - Council Minutes November 23, 2004
--".....-.-,.- .. --,~.._-_....,-~~----._-_.._--
CONSENT CALENDAR (Continued)
The Police Department received funding from the Office of Traffic Safety for the
creation of a dedicated DUI Enforcement Team, consisting of one Agent and one Officer,
as well as the enforcement of Minor Decoy, Shoulder Tap and Special Events operations.
The main goal of these programs is to reduce the incidence of alcohol-related offenses
and underage drinking. (Chief of Police)
Staff recommendation: Council adopt the resolution.
14 A. RESOLUTION NO. 2004-376, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005 BUDGET BY
RECLASSIFYING ONE ASSISTANT CITY MANAGERlDIRECTOR OF BUDGET
AND ANALYSIS TO ASSISTANT CITY MANAGER AND DELETING ONE
FISCAL AND MANAGEMENT ANALYST POSITION AND REPLACING IT WITH
ONE DIRECTOR OF BUDGET AND ANALYSIS
B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 2.05.010 OF THE CHULA VISTA MUNICIPAL CODE,
RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD
THE POSITION OF DIRECTOR OF BUDGET AND ANALYSIS (FIRST READING)
Since the Assistant City Manager (Administrative Services) position was combined with
the Director of Budget and Analysis position in March 2003, the duties associated with
both positions have changed and expanded. Given these increases in responsibilities it is
recommended that the positions of Assistant City Manager and Director of Budget and
Analysis be separated. (Assistant City Manager Fruchter)
Staff recommendation: Council adopt the resolution and place the ordinance on first
reading.
ACTION: Mayor Padilla moved to approve staffs recommendations and offered the
Consent Calendar, headings read, texts waived. The motion carried 4-0, with
Councilmember McCann absent.
ORAL COMMUNICATIONS
Steve Molski stated that the G Street repaving had been poorly done and asked if the work was
inspected upon completion. He referenced a letter dated October 6, 2004, sent to him by the
City, indicating that the street would be considered for pavement rehabilitation in fiscal year
2005 or 2006. Mr. Molski stated that the job should have been done right in the first place, the
street is in poor condition, and it should be resurfaced as soon as possible.
PUBLIC HEARINGS
15. CONSIDERATION OF APPROVAL OF AN APPLICATION FOR THE PROPOSED
CONVERSION OF AN EXISTING 48-UNIT APARTMENT COMPLEX TO 48
CONDOMINIUM UNITS FOR INDIVIDUAL OWNERSHIP (APPLICANT: DONIA
F AMIL Y LIMITED PARTNERSHIP)
Page 6 - Council Minutes November 23,2004
.
PUBLIC HEARINGS (Continued)
The developer, Donia Family Limited Partnership, submitted an application for a
tentative subdivision map (one-lot condominium map containing 48 residential units) to
convert a 48-unit apartment complex to 48 condominium units for individual ownership.
The 3.88-acre project site is located at 321 Rancho Drive. (Director of Planning and
Building)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Padilla opened the public hearing.
Principal Planner Schmitz briefly explained the process for the proposed condominium
conversion project.
Associate Planner Walker presented the proposed project.
Deputy Mayor Salas asked staff to make certain that current residents are provided full
notification regarding the proposed project and to ensure that a program is in place to assist them
with accessibility to home buying loan programs. She stated that it was incumbent that the
renters be provided access to every source of affordable home buying.
Councilmember Rindone expressed the need to ensure that the tenants are given the necessary
assistance with procedures during the conversion process. He stated that the City must set the
standard to make sure that all people are treated well, particularly those residents who are unable
to purchase a home. He requested that staff provide a report on the efforts by the City to provide
assistance to tenants of conversion projects over and above what is offered by the management
company. Planning and Building Director Sandoval responded that staff would work together
with the Community Development Housing Division to ensure a comfortable transition for the
tenants.
Joseph Scarlatti, representing West Stone Management Company, explained the process that is
undertaken to prepare residents in conversion projects. He stated that legal notices are sent to the
tenants in accordance with state law. Public information meetings are conducted on-site with the
tenants, followed by a second meeting as the project moves closer to the mapping process, with
marketing and financing representatives on-site to discuss the various programs. He stated that
those tenants who are unable to purchase homes are generally given the last month rent-free and
an early return of their deposit fee. He added that the management company works to provide
the tenants with as many options as possible, including a 90-day exclusive right to buy at a
preferred price from the posted price.
Deputy Mayor Salas asked what construction defect warranties would be provided to the new
homeowners. Mr. Scarlatti replied that most developers offer a two-year warranty on homes.
Deputy Mayor Salas also asked if mortgage companies other than those offered by the developer
are provided the opportunity to offer competitive rates and options to the home buyer. Mr.
Scarlatti responded that the marketing companies for the developer use multiple banks and
institutions and brokers who have access to the majority oflenders.
Page 7 - Council Minutes November 23, 2004
---~---_._--,-"- .__.,.~
PUBLIC HEARINGS (Continued)
Mr. Molski stated that when he purchased his mobilehome, he was issued a lien for painting
because there was insufficient money within the homeowners association to pay for the painting.
He also spoke about a recent case regarding a conversion project where the original roof was not
replaced, which resulted in numerous leaks; and he expressed the need to be cautious about the
expansion and contraction of hot water lines beneath concrete floors in the units. Mr. Scarlatti
responded that if the developer determined that the plumbing was questionable, it would be
pulled out and TUn through the roof in order to comply with the 20-year life expectancy required
by state law.
With no further members of the public wishing to speak, Mayor Padilla closed the public
hearing.
ACTION: Mayor Padilla offered Resolution No. 2004-377, heading read, text waived:
RESOLUTION NO. 2004-377, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND
ESTABLISHING CONDITIONS OF A TENTATIVE MAP TO
SUBDIVIDE 3.88 ACRES AT 321 RANCHO DRIVE INTO A ONE-
LOT CONDOMINIUM TENT A TIVE SUBDIVISION MAP
CONTAINING 48 RESIDENTIAL UNITS
The motion carried 4-0, with Councilmember McCann absent.
16. CONSIDERATION OF APPROVAL OF AMENDING CHAPTERS X (BUILDING)
AND XIV (PLANNING) OF THE CITY'S MASTER FEE SCHEDULE
The proposed changes to the Planning Fees (Chapter XIV) are the result of a planning fee
study, the first conducted since 1992. The proposed change to the Building Fees
(Chapter X) is to clarify that construction valuation is calculated using a valuation table,
and to include the valuation table with the Master Fee Schedule. (Director of Planning
and Building)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Padilla opened the public hearing.
Planning and Building Director Sandoval stated that fees in the Planning Division have not been
adjusted since 1992. He explained that (1) by making more applications deposit-based, the
department would have the ability to capture the true cost of doing business; (2) increasing some
fees would ensure alignment with the services being provided; (3) a three percent records
management fee would provide the ability to track projects and store them as permanent records;
and (4) a conditional use permit inspection fee upon completion of projects, with a follow-up
inspection, would ensure compliance by the developers.
Page 8 - Council Minutes November 23, 2004
.
PUBLIC HEARINGS (Continued)
With no members of the public wishing to speak, Mayor Padilla closed the public hearing.
ACTION: Deputy Salas offered Resolution No. 2004-378, heading read, text waived:
RESOLUTION NO. 2004-378, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA AMENDING
CHAPTERS X (BUILDING) AND XIV (pLANNING) OF THE CITY'S
MASTER FEE SCHEDULE
The motion carried 4-0, with Councilmember McCann absent.
ACTION ITEMS
17. CONSIDERATION OF ADOPTION OF A RESOLUTION APPROPRIATING
$250,000 FOR THE PURCHASE OF BOOK MATERIALS
The Chula Vista Public Library has historically been very well used by the community.
In Fiscal Year 2003/2004, one million guests checked-out over 1.3 million items. This
summer, the Library implemented the new "Marketplace," service model in an effort to
better serve our public. This model has proven to be very successful but is also presented
some challenges. The community's demands and expectations for books now exceed our
available resources. (Assistant City Manager Palmer)
Councilmember Rindone stated that the additional materials would enrich the selection quality.
Deputy Mayor Salas complimented Assistant City Manager Palmer, noting that the Chula Vista
Public Library has increased its readership by 14 percent.
ACTION: Councilmember Rindone offered Resolution No. 2004-379, heading read, text
waived:
RESOLUTION NO. 2004-379, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING
$250,000 TO THE LIBRARY DEPARTMENT BUDGET FOR THE
PURCHASE OF BOOK MATERIALS BASED ON UNANTICIPATED
ONE-TIME REVENUE FROM THE SDG&E FRANCHISE
AGREEMENT
The motion carried 4-0, with Councilmember McCann absent.
18. CONSIDERATION OF ADOPTION OF A RESOLUTION APPROVING THE
ADDITION OF STAFF FOR THE ANIMAL CARE FACILITY, AND
APPROPRIATING FUNDS FROM THE AVAILABLE BALANCE OF THE
GENERAL FUND
Page 9 - Council Minutes November 23,2004
......-- _ n.'...>_._____ .___.._______..~..._____.___.__._..__
ACTION ITEMS (Continued)
With the increase in the physical size of the Animal Care Facility, and the continuing
increase in the numbers of animals processed in the facility, there is a need for additional
staff. Adoption of the resolution adds the needed staffmg and appropriates $150,861
from the available balance ofthe general fund. (Chief of Police)
ACTION: Deputy Mayor Salas offered Resolution No. 2004-380, heading read, text waived:
RESOLUTION NO. 2004-380, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE
ADDITION OF FOUR ANIMAL CARE ASSISTANTS, TWO OFFICE
SPECIALISTS, AND ADDING A NEW POSITION OF .5
VETERINARIAN FOR THE CHULA VISTA ANIMAL CARE
FACILITY, AND APPROPRIATING FUNDS FROM THE
AVA~ABLEBALANCEOFTHEGENERALFUND
The motion carried 4-0, with Councilmember McCann absent.
19. CONSIDERATION OF ADOPTION OF A RESOLUTION APPROVING BUDGET
AMENDMENTS FOR THE PLANNING AND BUILDING DEPARTMENT TO ADD
A SENIOR PLANNER, AND THE CITY ATTORNEY'S OFFICE TO ADD A
DEPUTY CITY ATTORNEY II AND A LEGAL ASSISTANT, AND
APPROPRIATING FUNDS FROM THE AVAILABLE BALANCE OF THE
GENERAL FUND
In 2003, the Council authorized additional staff for the Planning and Building
Department to expand the Code Enforcement Program to include proactive enforcement.
These expanded programs have resulted in a significant increase in requests for technical
support from the Planning Division and the City Attorney's Office. Adoption of the
resolution authorizes the addition of a Senior Planner in the Planning Division, a Deputy
City Attorney II, and a Legal Assistant in the City Attorney's Office to respond to this
increased workload. (Director of Planning and Building, City Attorney)
ACTION: Councilmember Rindone offered Resolution No. 2004-381, heading read, text
waived:
RESOLUTION NO. 2004-381, RESOLUTION OF THE CITY
COUNCIL THE CITY OF CHULA VISTA AMENDING THE
PLANNING AND BUILDING DEPARTMENT'S FISCAL YEAR 2005
BUDGET TO ADD A SENIOR PLANNER, AND AMENDING THE
CITY ATTORNEY'S OFFICE'S FISCAL YEAR 2005 BUDGET TO
ADD A DEPUTY CITY ATTORNEY II AND A LEGAL ASSISTANT,
AND APPROPRIATING FUNDS THEREFOR FROM THE
AVAILABLE BALANCE OF THE GENERAL FUND
The motion carried 4-0, with Councilmember McCann absent.
Page 10 - Council Minutes November 23, 2004
OTHER BUSINESS
20. CITY MANAGER'S REPORTS
There were none.
21. MAYOR'S REPORTS
There were none.
22. COUNCIL COMMENTS
Councilmember Rindone requested clarification as to the time and location of the December 7th
Council Meeting. City Manager Rowlands confirmed that the meeting will be held at 4:00 p.m.
in Council Chambers, and refreshments will be served following the meeting.
ADJOURNMENT
At 9:00 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of December 7, 2004,
at 4:00 p.m. in the Council Chambers.
-==- ~.u...¡-==Ä ~
Susan Bigelow, MMC, City Clerk
Page II - Council Minutes November 23,2004
~
Office of the Mayor __ __ ---" -" ~.- ,.' r"'"',\ \
DecllfO<t'·--· '. ': \''j ',~ \,,'\
Stephen C Padilla '", 1 !'~:.-': _~._-_.-:c--==----~ ,\ "1, ¡,'\
276 Fourth Avenue " 2DJ))'! 'I ") "\
' , ' .,.. '1" ",;, J'
~ ' . "t:> ' , :,. ~ ..; \ ..'
Chula Vista, Ca. " J)'r.. ~.5), ",-,"" ,
91910 ' '", '",",,, . \ \
' ,
L---:---;cç;:ë~
' 1':l\i(',!í'\L U\-, \1JI....
Honorable Mayor Padilla, \ ,.- ',,' \ d¡' ~ Ä C..::!..
\- ::-_:.:.:::...~~-
I Mark Croshier, am offering my resignation as Commissioner on ~.- --
Charter Review, for the City of Chula Vista.
I was honored by the appointment, and proud to have been of service
to my city. And include the respect that that I have for YOU.
-
You in away, I think may know me; as one not to be politically correct.
I had dedicated my life to this city and the people in it for many years.
Yes, and to the extent, that I retired a broken man. It has taken me
many to regain my physical and mental health.
It is with that thought, that I take the advice of my family, and close
friends; that I disassociate my self from politics and the Police Department.
My blood pressure is again off the chart, and as my wife has told me,
instead of honoring my fellow officers (Cox & Hendersen), that I will be
with them.
I again want to thank you for the opportunity that you gave me to tell
you and the council of my wants and respects for those I had worked
with. You did take notice of the emotion that I have, and still retain.
FurtÞ.er, that my life is not for self, but what I could do for others.
So I ask of you as my friend, & mayor of this wonderful city to honor
my reques~
Respectfully submitted
~
2-
---...".------ , u·.··___· _ .___. .._____.... ,-~-..---------.--
COUNCIL AGENDA STATEMENT
Item 3
Meeting Date: 1111105
ITEM TITLE: RESOLUTION AMENDING RESOLUTION 2004-349
APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE STATE
URBAN PARKS AND HEAL THY COMMUNITIES PROGRAM UNDER THE
CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD
PARKS, AND COASTAL PROTECTION ACT OF 2002, FOR
UNIVERSALLY ACCESSIBLE PLAYGROUND EQUIPMENT AT
MONTEVALLE COMM~ PARK.
SUBMITTED BY: Director of Recreation .' REVIHJEDBY: City Manager
Director of General Services e &!C¡" O\~
On November 2, 2004, City Council adopted Resolution 2004-349, authorizing the City to apply
for grant funding for Montevalle Park playground equipment under the California Clean Water,
Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002. Certain ianguage
elements required by the State of California granting agency were inadvertently omitted from the
body of the resolution. These elements have now been included.
STAFF RECOMMENDATION: That Council adopt the resolution.
BOARDS/COMMISSIONS: The Parks and Recreation Commission approved the submittal of
this grant application at its October 21, 2004 meeting.
DISCUSSION:
On November 2, 2004, City Council adopted resolution 2004-349, approving the City's application
for State Urban Parks and Healthy Communities grant funding under the California Clean Water,
Clean air, Safe Neighborhood Parks, and Coastal Protection Act of 2002. The $200,180 grant is
proposed to help fund universally accessible playground equipment for children at Montevalle
Park. The adopted resolution was included with the grant application which was submitted to the
State for consideration on November 5, 2004. However, key resoiution wording required by the
State was inadvertently omitted from the resolution. The required text, now included, specifies the
following:
· Approves the filing of an application for local assistance funds from the State Urban Parks
and Healthy Communities Program under the California Clean Water, Clean Air, Safe
Neighborhood Parks and Coastal Protection Act of 2002.
· Certifies that the City has or will have sufficient funds to operate and maintain the project.
· Certifies that the City has reviewed, understands, and agrees to the general provisions
contained in the contract shown in the Procedural Guide.
· Certifies that the City has or will have available, prior to commencement of any work on
the project, the required match.
-<
3-1
........- .-.__._--~----+~-_._-~--,---,~_.__._._~~-_._--_.~---_..
Page 2, Item 3
Meeting Date: 1/11/05
0 Certifies that the project conforms to the recreation element of the City's general plan.
0 Appoints the Director of General Services as agent to conduct all negotiations, execute
and submit all documents including, but not limited to, applications, agreements, payment
requests and so on, which may be necessary for the completion of the project.
FISCAL IMPACT:
There is no impact to the general fund. The total project cost to modify the existing playground
design for Montevalle Community Park and the cost to install universally accessible recreational
equipment has been estimated at $400,180. The City has applied for a $200,180 State grant, and
will contribute a 50% total project match, or $200,000, from Park Acquisition and Deveiopment
fees.
3-2
.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING RESOLUTION 2004-349
APPROVING THE APPLICATION FOR GRANT FUNDS
FOR THE STATE URBAN PARKS AND HEAL THY
COMMUNITIES PROGRAM UNDER THE CALIFORNIA
CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD
PARKS, AND COASTAL PROTECTION ACT OF 2002,
FOR THE UNIVERSALLY ACCESSIBLE PLAYGROUND
EQUIPMENT AT MONTEVALLE COMMUNITY PARK.
WHEREAS, the people of the State of California have enacted the
CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS,
AND COASTAL PROJECTION ACT OF 2002, which provides funds to the State
of California for grants to eligible applicants; and
WHEREAS, the California Departrnent of Parks and Recreation has been
delegated the responsibility for the administration of the State Urban Parks and
Healthy Communities Program and the grant shown above within the State,
setting up necessary procedures; and
WHEREAS, said procedures established by the California Department of
Parks and Recreation require the applicant's governing body to certify by
resolution the approval of the applicant before submission of said application to
the State; and
WHEREAS, on November 2,2004, Council adopted Resolution 2004-349,
authorizing the City to apply for grant funding for Montevalle Community Park
playground equipment under the CALIFORNIA CLEAN WATER, CLEAN AIR,
SAFE NEIGHBORHOOD PARKS AND COASTAL PROJECTION ACT OF 2002;
and
WHEREAS, certain language elements required by the State of California
granting agency were inadvertently omitted from the body of the resolution, which
elements have been included in this resolution; and
WHEREAS, the applicant will enter into a contract with the State of
California for the project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Chula Vista hereby:
1. Approves the filing of an application for local assistance funds from the
State Urban Parks and Healthy Communities Program under the
3-3
-~._._._- --------_._-~----_._-
California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal
Protection Act of 2002; and
2. Certifies that the applicant has or will have sufficient funds to operate and
maintain the project; and
3. Certifies that the applicant has reviewed, understands, and agrees to the
general provisions contained in the contract shown in the Procedural
Guide; and
4. Certifies that the g ra ntee has or will have available, prior to
commencement of any work on the project, the required match; and
5. Certifies that the project conforms to the recreation element of any
applicable city or county general plan; and
6. Appoints the Director of General Services as agent to conduct all
negotiations, execute and submit all documents including, but not limited
to, applications, agreements, payment requests and so on, which may be
necessary for the completion of the project.
Presented by Approved as to form by
Buck Martin Ann Moore
Director of Recreation City Attorney
J:lattorneylresolgrantslamd reso re Montevalle Com. Park
--'
.
3-4
COUNCIL AGENDA STATEMENT
Item 4-
Meeting Date: 1111/05
ITEM TITLE: RESOLUTION AMENDING RESOLUTION 2004-348
APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE YOUTH
SOCCER AND RECREATION DEVELOPMENT PROGRAM UNDER THE
CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD
PARKS, AND COASTAL PROTECTION ACT OF 2002, TO PROVIDE
NEW SOFTBALL FACILITIES AND RENOVATE EXISTING SOCCER
FACILITIES AT OTAYi;K.
SUBMITTED BY: Director of Recreation REVIEW~ BY: City Manager
Director of General Services ~ C"'-
çt'~rv
On November 2, 2004, City Council adopted Resolution 2004-348, authorizing the City to apply
for grant funding for Otay Park improvements under the California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Act of 2002. Certain language elements required by
the State of California granting agency were inadvertently omitted from the body of the resolution.
These elements have now been included.
STAFF RECOMMENDATION: That Council adopt the resolution.
BOARDSlCOMMISSIONS: The Parks and Recreation Commission approved the submittal of
this grant application at its October 21,2004 meeting.
DISCUSSION:
On November 2, 2004, City Council adopted resolution 2004-348, approving the City's application
for State Youth Soccer and Recreation Development Program grant funding under the California
Clean Water, Clean air, Safe Neighborhood Parks, and Coastal Protection Act of 2002. The
$720,000 grant is proposed to help fund new softball facilities and renovate existing soccer
facilities at Otay Park. The adopted resolution was included with the grant application which was
submitted to the State for consideration on November 5, 2004. However, key resolution wording
required by the State was inadvertently omitted from the resolution. The required text, now
included, specifies the following:
· Approves the filing of an application for local assistance funds from the State Urban Parks
and Healthy Communities Program under the California Clean Water, Clean Air, Safe
Neighborhood Parks and Coastal Protection Act of 2002.
· Certifies that the City has or will have sufficient funds to operate and maintain the project.
· Certifies that the City has reviewed, understands, and agrees to the general provisions
contained in the contract shown in the Procedural Guide.
· Certifies that the City has or will have available, prior to commencement of any work on
the project, the required match.
4-1
"_ __. ...__..~_._._.n._··_ .__ __ _ _...,_..,.____~_..__""'__.... ..,.__
Page 2, Item 4
Meeting Date: 1/11/05
. Certifies that the project conforms to the recreation element of the City's general plan.
. Appoints the Director of General Services as agent to conduct all negotiations, execute
and submit all documents including, but not limited to, applications, agreements, payment
requests and so on, which may be necessary for the completion of the project.
FISCAL IMPACT:
There is no impact to the general fund. The total project cost to renovate and update the
soccer/softball facility at Otay Park has been estimated at $960,000. The City has applied for a
$720,000 State grant, with a matching contribution of $240,000 from capital infrastructure
improvement funds.
4-2
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING RESOLUTION 2004-348
APPROVING THE APPLICATION FOR GRANT FUNDS FOR
THE YOUTH SOCCER AND RECREATION DEVELOPMENT
PROGRAM UNDER THE CALIFORNIA CLEAN WATER,
CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL
PROTECTION ACT OF 2002, TO PROVIDE NEW SOFTBALL
FACILITIES AND RENOVATE EXISTING SOCCER FACILITIES
AT OTAY PARK.
WHEREAS, the people of the State of California have enacted the CALIFORNIA
CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL
PROTECTION ACT OF 2002, which provides funds to the State of California for grants
to eligible Applicants; and
WHEREAS, the California Department of Parks and Recreation has been
delegated the responsibility for the administration of the Youth Soccer and Recreation
Development Program and the grant Project shown above within the State, setting up
necessary procedures, and
WHEREAS, said procedures established by the California Department of Parks
and Recreation require the Applicant's Governing Body to certify by resolution the
approval of the Application before submission of said Application to the State, and
WHEREAS, on November 2, 2004, Council adopted resolution 2004-348,
approving the City's application for State Youth Soccer and Recreation Development
Program grant funding under the CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE
NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002; and
WHEREAS, certain language elements required by the State of California
granting agency were inadvertently omitted from the body of the resolution, which
elements have been included in this resolution; and
WHEREAS, the Applicant will enter into a Contract with the State of California for
the Project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby:
1. Approve the filing of an Application for local assistance funds from the Youth
Soccer and Recreation Development Program under the California Clean Water,
Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002; and
2. Certify that the Applicant has or will have sufficient funds to operate and maintain
the Project; and
4-3
__ _ _ .___.___,_..__.___"_._____~~_.,___ _~.n ________
3. Certify that the Applicant has reviewed, understands, and agrees to the General
Provisions contained in the Contract shown in the Procedural Guide; and
4. Certify that the Grantee has or will have available, prior to commencement of any
work on the Project, the Match; and
5. Certify that the Project conforms to the Park and Recreation Element of the
General Plan, as approved by Council by resolution 15176 on July 11, 1980, and
the Otay Park Master Plan, as approved by Council resolution 17501 dated May
24,1994; and
6. Appoint the Director of General Services as agent to conduct all negotiations,
execute and submit all documents including, but not limited to, Applications,
agreements, payment requests and so on, which may be necessary for the
completion of the Project.
Presented by Approved as to form by
Buck Martin, Director of Recreation
J:lattorneylresolgrantslarnd youth soccer grant - otay park
4-4
COUNCIL AGENDA STATEMENT
/
Item: h
j
Meeting Date: Januarv 11. 2005
ITEM TITLE: Resolution amending the FY04/05 Library
Department budget by appropriating a one-time unanticipated
grant revenue in the amount of $10,000 for the Small Businesses
in a Box grant ~
SUBMITTED BY: Assistant City Manager/Library Director
(,'t.
REVIEWED BY: City Manager f~ rF' (4I5ths Vote: YES X NO --->
The Chula Vista Public Library recently received a one-time Library Services and Technology
Act (LSTA) grant from the California State Library in the amount of $10,000 for fiscal year
2005.
STAFF RECOMMENDATION: That Council adopt the resolution amending the FY05
Library Department budget by appropriating unanticipated grant revenue in the amount of
$10,000 for supplies and services associated with the Small Businesses in a Box grant.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
The Chula Vista Public Library has been awarded a one-time LST A grant in the amount of
$10,000. This grant will allow the Library to purchase materials that meet the needs of small
businesses in the community. The library will use the money to update the business collection
with new print titles, both reference and circulating. The library will create a business corner
adjacent to the small business collection with literature from our collaborators, the Chamber of
Commerce, Downtown Business Association, Southwestern College's Small Business
Administration Satellite and the City's Community Development Department. The library will
also conduct workshops geared toward small businesses and publish a bibliography of new
small business resources.
FISCAL IMPACT: The one-time grant award in the amount of $10,000 will be appropriated
into the current year Library budget.
5-1
_____..._ __ ___..___."....._,. ,.__.________n ___"
RESOLUTION NO. 2004-
-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FY04/05 LIBRARY
DEPARTMENT BUDGET BY APPROPRIATING A ONE-TIME
UNANTICIPATED GRANT REVENUE IN THE AMOUNT OF
$10,000 FOR THE SMALL BUSINESSES IN A BOX GRANT
WHEREAS, the Chula Vista Public Library has been awarded a one-time LSTA grant in
the amount of$10,000; and
WHEREAS, this grant will allow the Library to purchase materials that meet the needs of
small businesses in the community; and
WHEREAS, grant monies will be used to update the business collection with new print
titles, both reference and circulating; and
WHEREAS, the Library will create a business corner adjacent to the small business
collection with literature from its collaborators, the Chamber of Commerce, Downtown Business
Association, Southwestern College's Small Business Administration Satellite and the City's
Community Development Department; and
WHEREAS, the Library will conduct workshops geared toward small businesses and
publish a bibliography of new small business resources; and
WHEREAS, this one-time grant award in the amount of $10,000 will be appropriated
into the current year Library budget.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby amend the FY04/05 Library Department budget by appropriating a one-time
unanticipated grant revenue in the amount of $1 0,000 for the Small Businesses in a Box grant.
Presented by Approved as to form by
David Palmer ~~\\~4c.~,
Ann Moore
Assistant City Manager City Attorney
J:\Attorney\Reso\grant\GRANT Library ~ Sm. Businesses in Bx
5-2
-----------.. .. .-.~----_._----_._..__..,.,-.,~.._-~...__._---_._-_.-
COUNCIL AGENDA STATEMENT
Item: &
MeetingDate: Januarv 11.2005
ITEM TITLE: Resolution amending the FY05 Library
Department budget by appropriating a one-time unanticipated
grant revenue in the amount of $1 0,903 for expenditures
associated with the Literacy program.
SUBMITTED BY: Assistant City ManagerlLibrary Director ørf1
REVIEWED BY: City Manager ~ r(" (4/Sths Vote: YES X NO~
The Chula Vista Literacy Team has received a total of $10,903 in unanticipated grant revenues
which will be used to support the Literacy program. A one-time grant in the amount of $5,800
was received tÌ"om the California State Library for the Library's Reach Out and Read program.
The California Department of Education awarded an additional unanticipated $1,000 for the
Workforce Investment Act (WIA) 231 Grant and the California State Library has augmented
the Matching Funds Grant in the amount of$4,103.
STAFF RECOMMENDATION: That Council adopt the resolution amending the FY05
Library Department budget by appropriating unanticipated grant revenue in the amount of
$10,903 for personnel and supplies and services associated with the Literacy program.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
The Chula Vista Literacy Team has received a total of $10,903 in unanticipated and augmented
grant revenues as follows:
~ The Chula Vista Literacy Team has received a California State Library one-time mini-
grant in the amount of $5,800 to purchase books and supplies to support the Chula Vista
Family Clinic's Reach Out and Read early literacy intervention program. Reach Out
and Read (ROR) is a national program that trains doctors and nurses to promote early
language and literacy development as part of standard pediatric primary care. At each
well-child visit, trained medical staff at ROR-certified clinics advises parents of the
importance of reading aloud to children and give new, developmentally appropriate
books to take home. Chula Vista Public Library staff will use the majority of grant
funds ($4,000), to purchase give-away books for the ROR program. The remaining
funds ($1,800) will be used to purchase training and outreach materials.
~ The California State Library has advised the Chula Vista Literacy Team that the FY05
Matching Funds Grant has been augmented by $4,103. The funds will be used to
purchase instructional materials for the J"jteracy Team Center.
6-1
- ---"-"---'---"-~--"'-'-----'--- ._._....__._---~-----_...__.._-_...._~ ,.
Page 2, Item: 0
Meeting Date: January 11,2005
~ The California Department of Education awarded an additional $1,000 for the
Workforce Investment Act (WIA )231 grant. These funds will be used to provide
additional hourly literacy support staff.
FISCAL IMPACT: An additional $10,903 in unanticipated one-time grant revenue will be
appropriated to the Library Department's Literacy program as part of the FY 2004-05 Budget.
6-2
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FY 05 LIBRARY
DEPARTMENT BUDGET BY APPROPRIATING
UNANTICIPATED GRANT REVENUE IN THE AMOUNT OF
$10,903 FOR EXPENDITURES ASSOCIATED WITH
LITERACY PROGRAM
WHEREAS, the Chula Vista Literacy Team has received a total of $1 0,903 in
unanticipated grant revenues, which will be used to support the Literacy program; and
WHEREAS, a one-time grant in the amount of$5.800 was received from the California
State Library for the Library's Reach Out and Read program; and
WHEREAS, the California Department QfEducation awarded an additional unanticipated
$1,000 for the Workforce Investment Act (WIA) 231 Grant and the California State Library has
augmented the Matching Funds Grant in the amount of $4, 1 03.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby amend the Fiscal Year 2005 Library Department by appropriating
unanticipated grant revenue in the amount of $10,903 for expenditures associated with the
Literacy program.
Presented by Approved as to form by
.~<>í~~\:~~~
David Palmer Ann Moore
Assistant City ManagerlLibrary Director City Attorney
J:\attomey\reso\:finance\Amend FY 05 Library Dept fOT Literacy
6-3
---".-. ___ - __ ______.___._..._______.____ u.. "__,,~._ _ ..__._._
COUNCIL AGENDA STATEMENT
Item:L
Meeting Date: Januarv 11. 2005
ITEM TITLE: Resolution approving the Addendum to the
Memorandum of Understanding between the City ofChula Vista
and the Chula Vista Elementary School District regarding joint
operation of DASH and STRETCH after school programs and
appropriating funds therefore. ~
SUBMITTED BY: Assistant City Manager Palmer
REVIEWED BY: City Manager ~ Q.('"' (4/5thsVote: Yes.1LNo~
The current MOU between the City and the Chula Vista Elementary School District, in
effect until June 30th, 2005, authorizes the operation of two after school programs at
elementary school sites. The STRETCH Program, with its emphasis on literacy and arts
enrichment, is currently offered at seven district schools. The MOU also authorizes the
operation of a structured sports and recreation program called DASH (Dynamic After
School Hours), at 24 district schools.
The intent of this report is to present an Addendum to the MOU between the City and the
Chula Vista Elementary School District for FY 2004-05 (Attachment A). The Chula
Vista Elemen~ School District Board will be voting on the Addendum to the MOD at
their January 18 ,2005 meeting.
STAFF RECOMMENDATION: That Council approve the Addendum to the
Memorandum of Understanding between the City of Chula Vista and the Chula Vista
Elementary School District regarding joint operation of the DASH (Dynamic After
School Hours) and STRETCH (Safe Time for Recreation, Enrichment and Tutoring for
Children) after school programs, and amend the Library Department FY 04/05 budget by
appropriating an additional $82,900 in personnel services and $8,900 in supplies and
services. The revenue to offset these additional expenses will be received from the Chula
Vista Elementary School District via a California 21st Century Community Learning
Center grant.
BOARDS/COMMISSIONS RECOMMENDATIONS: nJa
DISCUSSION:
Since 1999, the City and the Chula Vista Elementary School District have collaborated to
provide after school programming at elementary schools within the City. Due to the
overwhelming demand from parents for after school programming, and the huge
popularity of both the DASH and STRETCH programs, over the years we have grown
from serving 6 school sites in 1999 to 31 schools in 2004. (Attachment B). The after
school program partnership has been in receipt of State grant funding since 1999. We
anticipate continued State support for after sChool programming.
7-1
n_.'. __ _ _ _ _____._._... ___ ---..-"
The Chula Vista Elementary School District has received notification from the California
Department of Education that they are eligible to receive additional grant funds from a
three-year California 21 ,t Century Community Learning Center grant to expand existing
after school programming at five of the schools that the City currently serves.
Due to receipt of these grant funds, the City and the District are now prepared to execute
an Addendum to the Memorandum of Understanding for FY 2004-05. The Addendum,
which has. been prepared in conjunction with the City Attorney's office, authorizes:
. Expansion of the DASH program at three school sites: Cook, Hilltop, and Valle
Lindo. These sites will now be equipped to operate longer hours each day and to
provide academic, literacy, and arts enrichment programming. They will each
receive an additional DASH Leader. The programs will serve approximately 60
children per day. (This requires an additional 1.14 FTE DASH Leaders.)
. Expansion of the STRETCH program at two elementary school sites: Lauderbach
and Montgomery. The additional grant funding allows for an increase in service
from 80 children per day to 100 children per day. Each site will receive an
additional Youth Leader and additional hours for the Site Coordinator. (This
requires an additional .34 FTE Youth Leaders and .1 FTE Site Coordinators.)
The Educational Services Division, which oversees operation of both the STRETCH and
DASH programs, currently does not have a secretarial or administrative support position.
The Division oversees a budget of $I.6m and employs well over a hundred hourly
positions, assigned to thirty-one school locations. This resolution includes the creation of
a Senior Office Specialist (grant funded) to provide support to the Educational Services
Manager and four supervisors. This position will be filled effective January 21, 2005.
FISCAL IMPACT:
An additional $91,800 will be appropriated into the current year Library budget. The 21't
Century Community Learning Center Grant revenue will be incorporated into the FY
05/06 MOU with the Chula Vista Elementary School District. Should this funding not be
renewed in FY 07/08, the after school program budget will be re-evaluated at that time.
7-2
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
<~)fœ~\\\rt~~
Ann Moore
City Attorney
Dated>--k.J\\",,<;J,. 0/ S 'l()(');
An Addendum to thb MÔU between the
City of Chula Vista and the Chula Vista
Elementary School District regarding
Joint operation of the DASH (Dynamic After School Hours) and
STRETCH (Safe Time for Recreation, Enrichment and Tutoring for
Children) after school programs
7-3
-".-.-.--.----.-.-. --'--"'~~------------~--
Attachment" A"
ADDENDUM TO
THE MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF CHULA VISTA
AND
CHULA VISTA ELEMENTARY SCHOOL DISTRICT
This Addendum to the MOU is entered into by the City of Chula Vista and the Chula
Vista Elementary School District.
This Addendum augments the existing agreement to operate an after school recreational
program ("DASH" - Dynamic After School Hours), and an extended school day
educational program (STRETCH - Safe Time for Recreation, Enrichment and Tutoring
for CHildren) in Chula Vista Elementary School District schools in FY 2004-2005.
The parties agree that in addition to the responsibilities outlined in the current agreement,
the Chula Vista Elementary School District's additional responsibilities shall be to:
0 Provide the City of Chula Vista with an additional $91,800 in FY 2004-2005 towards
the cost of operating an expanded DASH program at Cook, Valle Lindo, and Hilltop
Elementary Schools, and an expanded STRETCH Program at Lauderbach and
Montgomery Elementary Schools. Additional funds shall be payable within 30 days
of receipt of two City of Chula Vista invoices for $45,900 each on 3/15/05 and
6/15/05.
The parties agree that in addition to the responsibilities outlined in the current agreement,
the City ofChula Vista's additional responsibilities shall be to:
RE the DASH Program at Cook, Hilltop and Valle Lindo Elementary Schools:
0 Recruit, hire, and train additional part-time DASH Leaders and extend the hours of
current staff.
0 Expand the DASH Program to 6:00 p.m. Monday - Friday
0 Expand the curriculum to include homework centers, literacy-based programming and
arts enrichment programming.
0 Serve an average of 60 students per day
RE the STRETCH Program at Lauderbach and Montgomery Elementary Schools:
0 Recruit, hire, and train additional part-time Youth Leaders and extend the hours of the
Site Coordinators
0 Recruit and serve an additional 20 children per school per day.
7-4
~ - -_." .----. _. ...___ ·._H··__··_________~_·__·· _.__.~_~._.._..____~___
The parties further agree to hold harmless each other against any and all claims asserted
or liability established for damages or injuries, including death, to any person or property,
including an officer, agent or employee of one of the parties, which arise from or are
connected with or are caused or claimed to be caused by the negligent acts or omissions
of the District or the City in carrying out the terms of this agreement; provided, however,
that no duty to hold harmless one party shall arise or exist regarding the established sole
negligence or willful misconduct of that party.
CHULA VISTA ELEMENTARY CITY OF CHULA VISTA
SCHOOL DISTRICT
By: By:
Date: Date:
.
,
7-5
Attaehment "Ð"
The following Chula Vista Elementary School District schools are covered by the
DASH Program:
I. Allen
2. Arroyo Vista
3. Casillas
4. Chula Vista Hills
5. Clear View
6. Cook
7. Discovery
8. EastLake
9. Greg Rogers
10. Halecrest
11. Hedenkamp
12. Heritage
13. Hilltop
14. Kellogg
15. Liberty
16. McMillin
17. Marshall
18. Olympic View
19. Palomar
20. Parkview
21. Rosebank
22. Salt Creek
23. Tiffany
24. Valle Lindo
The following schools are covered by STRETCH:
1. Harborside
2. Lauderbach
3. Lorna Verde
4. Montgomery
5. Mueller
6. Otay
7. Rice
The remaining CVESD schools within the City of Chula Vista are covered by District
agreements with the following agencies:
I. Castle Park- YMCA
2. Chula Vista Learning Community Charter- YMCA
3. Feaster-Edison- Boys & Girls Club Program
4. Rohr- YMCA
5. Vista Square- YMCA
7-6
_0' ~_.. .___.m._ _ ...._.._..._._ ..~_,.__~__.__ _.__._..______.__.______..__.__
RESOLUTION NO. 2004-_
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE ADDENDUM TO THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
OF CHULA VISTA AND THE CHULA VISTA ELEMENTARY
SCHOOL DISTRICT REGARDING JOINT OPERATION OF THE
DASH AND STRETCH AFTER SCHOOL PROGRAMS AND
APPROPRIATING FUNDS THEREFORE
WHEREAS, the Chula Vista Elementary School District has received notification from the
California Department of Education that they are eligible to receive additional funds from a three-
year California 2151 Century Community Leaming Center grant to expand existing after school
programming; and
WHEREAS, the current MOD between the City and Chula Vista Elementary School District,
in effect until June 30, 2005, authorizes the operation of two after school programs at elementary
school sites; and
WHEREAS, the STRETCH Program, with its emphasis on literacy and arts enrichment, is
currently offered at seven district schools; and
WHEREAS, the MOU also authorizes the operation of a structured sports and recreation
program call DASH (Dynamic After School Hours), at 24 district schools; and
WHEREAS, the intent of this report is to present an Addendum to the MOU between the
City and Chula Vista Elementary School District for FY2004-05; and
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby approve an Addendum to the Memorandum of Understanding betWeen the City of Chula
Vista and the Chula Vista Elementary School District regarding joint operation of the DASH
(Dynamic After School Hours) and STRETCH (Safe Time for Recreation, Enrichment and Tutoring
for Children) after school programs, and b) authorizing the Mayor to execute the Addendum, and c)
amending the 2004-05 fiscal year budget to appropriate an additional $91,800 in unanticipated
revenue from the Chula Vista Elementary School District via a California 2151 Century Community
Learning Center grant, and d) adding a 1.0 FTE Senior Office Specialist, .34 FTE Youth Leaders, .1
FTE Site Coordinators, and 1.14 FTE DASH Leaders to the Library Department's Educational
Services Division, and a copy of which shall be kept on file in the office ofthe City Clerk.
Presented by Approved as to fo= by
-'" ~~'ß~
David Palmer Ann Moore
Assistant City Manager City Attorney
j:\attorney\resoIMOU1STRETCH and DASH 122704
7-7
-----".--.--- . .__..._.,.._.,-------_..._-~ ----
COUNCIL AGENDA STATEMENT
Item ð
Meeting Date 1/11/05
ITEM TITLE: Resolution Authorizing the San Diego Association of Governments
(SANDAG) to Claim and Appropriate City Of Chula Vista Prior-Year
Unallocated Transportation Development Act (IDA) Article 4.0 funds in
the amount of $18,000 for the Acquisition of a Mid-side, CNG Shuttle Bus
for the Nature Center
SUBMITTED BY: Director of Public Works operation~
REVIEWED BY: City Manager~ p ~ (4/5ths Vote: Yes_No-X.j
On January 13, 2004 Council authorized $165,000 for the purchase of a 30-foot Medium-duty,
Mid-size, Low-floor Compressed Natural Gas bus to operate the Nature Center Shuttle. An
additional Eighteen Thousand ($18,000) dollars are required to complete the financing.
RECOMMENDATION: That Council adopt a resolution authorizing SANDAG to claim, and
appropriate $18,000 from the City of Chula Vista Prior-year unallocated TDA funds, contingent
upon action from the SANDAG Board.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable
DISCUSSION:
Nature Center Shuttle
On January 13,2004, Council adopted a resolution authorizing SANDAG to claim, and
appropriate $165,000 from the City Of Chula Vista's Prior-year unallocated IDA funds for the
purchase of a Mid-size, CNG bus for the Nature Center Shuttle. These funds were a match to a
$135,000 Air Pollution Control District grant.
On April 24, 2003 the MTD Board executed an agreement to purchase seven (7) medium-duty,
CNG buses at an estimated average cost of $300,000 each. The Nature Center Shuttle bus is part
of this procurement.
On Thursday, August 19,2004 City and Metropolitan Transit System staff had a pre-production
meeting at the manufacturing site to fInalize the specifIcation and any additional equipment
requirements for the Nature Center bus. At that meeting it was determined that additional seating
was required. Once finalized, applicable taxes, delivery, training, MTS administrative and
production-line inspection fees were added. These costs totaled $18,000 dollars; thus the
required additional funding.
8-1
__.._._._~.,__.__. __ _.__.._._._____m_____..
Page 2, Item~
Meeting Date 1/04/05
Funding Summary
Bus Purchase:
Nature Center Shuttle Bus
30-foot, Low-floor CNG Bus
Cost:
Base Bus Cost: $268,564
Additional EQuiDment:
Wheelchair Ramp & Kneelill!!: Svstem $4,595
Wheelchair Restrains $2,424
Elderly & Handicauued Fliu Seats $2,797
Additional Seating $3,000
Bus Graphics $7,000
Arrows on Mirrors and CD Changer $572
Subtotal $20,388
Misc. EXDenses & Taxes:
G&A, MTS Admn. and Audits $5,500
Insuections $1,200
Delivery $120
Training $140
Proiect and Vehicle Contingency $985
CA Sales Tax $21,103
Subtotal $29,048
Estimated Total $318,000
Revenues:
APCD Grant $135,000
City's Unallocated TDA Funds - Januarv 13,2004 $165,000
Subtotal $300,000
ADDITIONAL REVENUE REnUIRED $18 000
Estimated Total $318,000
FISCAL IMPACT: CVT operations and capital programming contains no City ofChula Vista
General Fund contribution. A total of$18,000 would come from the City's prior-year
unallocated TDA fund reserves. An estimated balance of$614,777 dollars ofTDA funds would
remain under the control of the City.
File: DS-022/036
H:\Public Works Operations\Al13's ~OOS\Al13 Nature Center Shuttle Bus Addi?on~ F.~n~ - ~y .1-0~-O~.d~
8-2
MEMORANDUM OF UNDERSTANDING
BETWEEN SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG)
THE METROPOLITAN TRANSIT DEVELOPMENT BOARD (MTDBIMTS) AND THE
CITY OF CHULA VISTA REGARDING THE PURCHASE, DELIVERY, OWNERSHIP,
AND USE OF ONE (1) BUS FOR USE AT THE CITY OF CHULA VISTA NATURE
CENTER
This Memorandum of Understanding ("MOU") is made and entered into effective as of this
1" day of October, 2004, by and between the San Diego Association of Governments ("SANDAG")
and the Metropolitan Transit Development Board, operating as the Metropolitan Transit System,
("MTS") and the City of Chula Vista.
RECITALS
The following recitals are a substantive part of this Agreement:
WHEREAS, The City of Chula Vista wishes to purchase one (1) thirty foot (30') Compressed
Natural Gas (CNG) bus for a Chula Vista Natu're Center Shuttle; and
WHEREAS, SANDAG will receive $135,000 of funds awarded from the Air Pollution Control
District for the purchase of the veh icle; and
WHEREAS, The City of Chula Vista will use up to $165,000 of its unallocated Transportation
Development Act (TDA) reserves to match the funds for the purchase of the vehicle; and
WHEREAS MTS has agreed to act as the purchasing agent for the City of Chula Vista: and
WHEREAS MTS has agreed to include the purchase of one (1) thirty foot (30') Compressed
Natural Gas (CNG) bus for a City of Chula Vista Nature Center Shuttle in IFB 930066; and
WHEREAS, The City of Chula Vista will be the owner of the vehicle; and
WHEREAS, the parties wish to memorialize their agreement in this MOU to carry out the
purposes set forth above;
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises set forth herein, the parties
. agree as follows:
SANDAG AGREES:
1. To act in the capacity of the funding agent for the City of Chula Vista for the purchase
and delivery of one (1) thirty foot (30') Compressed Natural Gas (CNG) busfor a Chula
Vista Nature Center Shuttle.
1
8-3
___ ...._ ,,··..··_.·.m__.____·_..·.·..__..____·_____··.
2. To enter into an agreement with the Air Pollution Control District to receive $135,000
towards the purchase of one (1) thirty foot (30') Compressed Natural Gas (CNG) bus for a
Chula Vista Nature Center Shuttle.
3. To approve a claim for the City of Chula Vista from it's unallocated TDA reserves fund for
up to $165,000 to be used as the match to the Air Pollution Control District funding of
$135,000 toward the purchase of one CNG 30' bus.
4. To transfer up to $300,000 to MTS to purchase the bus for the City of Chula Vista.
5. To defend, indemnify and hold the MTDB/MTS, and the City of Chula Vista, its Board of
Directors, City Council, contract management and staff, agents, harmless from any and
all liability, claims, damages or injuries to any person or property, including injury to
MTDB/MTS, and the City of Chula Vista's employees, arising from or connected with
SANDAG's performance of or failure to perform its obligations under this MOU. Neither
the MTDB/MTS, the City of Chula Vista nor any officer thereof is responsible for any
damage or liability occurring by reason of anything done or omitted to be done by
SANDAG under or in connection with any work, authority or jurisdiction delegated to
SANDAG under this MOU. It is understood and agreed that, pursuant to Government
Code Section 895.4, SANDAG shall fully defend, indemnify and save harmless the
MTDB/MTS, and the City of Chula Vista, all officers and employees from all claims, suits
or actions of every name, kind and description brought for or on account of injury (as
defined in Government Code Section 810.8) occurring by reason of anything done or
omitted to be done by SANDAG under or in connection with any work, authority or
jurisdiction delegated to SANDAG under this MOU. .
MTDB/MTS AGREES:
1. To include the purchase and delivery of one (1) thirty foot (30') Compressed Natural Gas
(CNG) bus for a Chula Vista Nature Shuttle in SDTC IFB 930066.
2. To defend, indemnify and hold SANDAG and the City of Chula Vista, its Board of
Directors, City Council, contract management and staff, agents, and member agencies
harmless from any and all liability, claims, damages or injuries to any person or property,
including injury to SANDAG and the City of Chula Vista's employees, arising from or
connected with MTDB/MTS' performance of or failure to perform its obligations under
this MOU. Neither SANDAG, the City of Chula Vista nor any officer thereof is
responsible for any damage or liability occurring by reason of anything done or omitted
to be done by MTDB/MTS under or in connection with any work, authority or
jurisdiction delegated to MTDB/MTS under this MOU. It is understood and agreed that,
pursuant to Government Code Section 895.4, MTDB/MTS shall fully defend, indemnify
and save harmless SANDAG, the City of Chula Vista, all officers and employees from all
claims, suits or actions of every name, kind and description brought for or on account of
injury (as defined in Government Code Section 810.8) occurring by reason of anything
done or omitted to be done by MTDB/MTS under or in connection with any work,
authority or jurisdiction delegated to MTDB/MTS under this MOU.
2
8-4
CITY OF CHULA VISTA AGREES:
1. To provide specifications to MTS for the purchase and delivery of one (1) thirty foot (30')
Compressed Natural Gas (CNG) bus for a City of Chula Vista Nature Center Shuttle.
2. To accept the financial responsibility for the service and operation of the vehicle.
3. To defend, indemnify and hold SANDAG and MTDB/MTS, its Board of Directors, contract
management and staff, agents, and member agencies harmless from any and all
liability, claims, damages or injuries to any person or property, including injury to
SANDAG and MTDB/MTS employees, arising from or connected with The City of Chula
Vista's performance of or failure to perform its obligations under this MOU. Neither
SANDAG, MTDB/MTS, nor any officer thereof is responsible for any damage or liability
occurring by reason of anything done or omitted to be done by the City of Chula Vista
under or in connection with any work, authority or jurisdiction delegated to the City of
Chula Vista under this MOU. It is understood and agreed that, pursuant to Government
Code Section 895.4, the City of Chula Vista shall fully defend, indemnify and save
harmless SANDAG, MTDB/MTS, all officers and employees from all claims, suits or actions
of every name, kind and description brought for or on account of injury (as defined in
Government Code Section 810.8) occurring by reason of anything done or omitted to be
done by the City of Chula Vista under or in connection with any work, authority or
jurisdiction delegated to the City of Chula Vista under this MOU.
4. To abide by terms and conditions of the contract between 5ANDAG and the Air
Pollution Control District for the City of Chula Vista Nature Center CNG Shuttle Bus.
THE PARTIES MUTUALLY AGREE:
1. That all obligations of 5ANDAG under the terms of this MOU are subject to the
appropriation of the required resources by 5ANDAG and the approval of the 5ANDAG
Board of Directors.
2. Any notice required or permitted under this MOU may be personally served on the other
party, by the party giving notice, or may be served by certified mail, return receipt
requested, to the following addresses:
For SANDAG For City of Chula Vista
Attn: Kerri Everett Attn: Andy Trujillo
401 B Street, Su ite 800 1800 Maxwell Road
San Diego, CA 92101 Chula Vista, CA 91911
For MTDB/MTS
Attn: Jim Perez
1255 Imperial Avenue, Suite 1000
San Diego, CA 92101
3
8-5
-- . -----~-.-~-~.~---_._-_._.__.,-_._---
3. That unless it is amended by the parties In writing, this MOU shall terminate on June 30,
2009, or on such earlier or later date as the parties may agree to in writing.
4. The indemnification provisions of this MOU shall survive termination of the MOU.
5. This MOU shall be interpreted in accordance with the laws of the State of California. If
any action is brought to interpret or enforce any term of this MOU, the action shall be
brought in a state or federal court situated in the County of San Diego, State of
California.
6. All terms, conditions, and provisions hereof shall inure to and shall bind each of the
parties hereto, and each of their respective heirs, executors, administrators, successors
and assigns.
7. For purposes of this MOU, the relationship of the parties is that of independent entities
and not as agents of each other or as joint venturers or partners. The parties shall
maintain sole and exclusive control over their personnel, agents, consultants and
operations.
8. No alteration or variation of the terms of this MOU shall be valid unless made in writing
and signed by the parties hereto, and no oral understanding or agreement not
incorporated herein shall be binding on any of the parties hereto.
9. Nothing in the provisions of this MOU is intended to create duties or obligations to or
rights in third parties to this MOU or affect the legal liability of the parties to this MOU.
10. This MOU may be executed in any number of identical counterparts, each of which shall
be deemed to be an original, and all of which together shall be deemed to be one and
the same instrument when each party has signed one such counterpart.
4
8-6
IN WITNESS WHEREOF, the Parties hereto have executed this MOU effective on the day and
yearfirst above written.
SAN DIEGO ASSOCIATION OF GOVERNMENTS CITY OF CHULA VISTA
GARY L. GALLEGOS STEPHEN C. PADILLA
Executive Director Mayor
........ .
"""" .
........ .
'" """
....,... .
~
.. .....
APPROVED AS TO FORM: APPROVED AS TO FORM: '" ....
... .....
.......... .
........ .
.,................
........ .
........ .
Office of General Counsel City Attorney, City of Chula Vista
METROPOLITAN TRANSIT DEVELOPMENT
BOARD/METROPOLITAN TRANSIT SYSTEM
PAUL JABLONSKI
Executive Director
APPROVED AS TO FORM:
MTDB General Counsel
5
8-7
--.---'.----,. - -- -_._--,-_.__.~_._._~-_.._~-,.._."
RESOLUTION NO. 2004- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE SAN DIEGO
ASSOCIATION OF GOVERNMENTS (SANDAG) TO CLAIM
AND APPROPRIATE CITY OF CHULA VISTA PRIOR-YEAR
UNALLOCATED TRANSPORTATION DEVELOPMENT ACT
(TDA) ARTICLE 4.0 FUNDS IN THE AMOUNT OF $18,000
FOR THE ACQUISITION OF A MID-SIDE, CNG SHUTTLE
BUS FOR THE NATURE CENTER
WHEREAS, on January 13, 2004 Council authorized $165,000 for the purchase
of a 30-foot Medium-duty, Mid-size, Low-floor CNG bus to operate the Nature Center
Shuttle. An additional Eighteen Thousand Dollars ($18,000) are required to complete the
financing; and
WHEREAS, on April 24, 2003 the MTD Board executed an agreement to
purchase seven (7) medium-duty CNG buses at an estimated average cost of$300,000
each. The Nature Center Shuttle bus is part of this procurement; and
WHEREAS, on Thursday, August 19, 2004, City and Metropolitan Transit
System staff had a pre-production meeting at the manufacturing site to finalize the
specification and any additional equipment requirements for the Nature Center bus; and
WHEREAS, once finalized, applicable taxes, delivery, training, MTS
administrative and production-line inspection fees were added; and
WHEREAS, these costs totaled $18,000, thus requiring additional funding.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chu1a
Vista does hereby authorize the San Diego Association of Governments (SANDAG) to
claim and appropriate City ofChula Vista Prior-year Unal10cated Transportation
Development (TDA) Article 4.0 funds in the amount of $18,000 for the Acquisition of a
Mid-size, CNG Shuttle bus for the Nature Center.
BE IT FURTHER RESOLVED that after the bus is purchased by MTDB, the City
of Chula Vista hereby agrees to accept ownership of the bus, which shall become part of
the general City vehicle fleet.
Presented by Approved as to form by
Dave Byers :l1 ~ ~./\-.- ~
Ann Moore -
Director of Public Works City Attorney
J:\Attorney\RESO\FINANCElTDA - Nature Cen.ter Bus 122704
8-8
. - - _.._-----_._------_._----~-_._---"" .....-.---.--.-
COUNCIL AGENDA STATEMENT
Item q
Meeting Date: 01/11/05
ITEM TITLE: Resolution Accepting bids and awarding the contract for the
"Sidewalk Replacement at Various Locations in the City of Chula Vista,
California (JY -065K)" proj ect .
SUBMITTED BY: Director of General servicesQ~.
REVIEWED BY: City Manager~fQ¡V (4/5ths Vote: Yes_No X)
(<, On September 29, 2004, the Director of General Services received sealed bids for the "Sidewalk
Replacement at Various Locations in the City of Chula Vista, California (JY -065K)" project. The
project was included in the budget to remove and replace curbs, gutters, sidewalks, and
driveways displaced by differential settling, tree roots, etc., on various City streets.
RECOMMENDATION: That Council accept bids and award the contract for the "Sidewalk
Replacement at Various Locations in the City of Chula Vista, California (JY-065K)" project to
MJC Construction, of Bonita, California, for $99,653.00.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION: On September 29, 2004, the Director of General Services received sealed bids
for the "Sidewalk Replacement at Various Locations in the City of Chula Vista, California
(JY-065K)" project. The work consists of the removal and replacement of displaced curbs,
gutters, sidewalks, and driveways. The work includes excavation and grading, PCC sidewalks,
driveways, curbs & gutters, asphalt concrete pavement, removal and disposal of existing
improvements, traffic control, protection and restoration of existing improvements, other
miscellaneous work, and all labor, material, equipment, and transportation necessary for the
project. The annual Public Works Operations Street Maintenance budget includes funds for this
project. This contract covers the FY2004-2005 maintenance budget.
Engineering staff prepared plats, specifications, and advertised the project.
The City received bids from four contractors as follows:
L(-/
. '._.om·, ._._.___,..__~..._.._.__.____._~_.__~__.___~
Page 2, Item ~
Meeting Date: 01111/05
CONTRACTOR BID AMOUNT
I. MJC Construction - Bonita, California. $101,025.00
2. Portillo Concrete, Inc. - Lemon Grove, California $107,270.00
3. Stacy and Witbeck, Inc. - Alameda, California $145,000.00
4. Sim Engineering, Inc. - Fallbrook, California $149,860.00
The low bid by MJC Construction is below the Engineer's estimate of $116,800.00 by
$15,775.00. MJC Construction has done several capital improvement projects in the city, and its
work has been satisfactory. Staff has reviewed the low bid and recommends awarding the
contract to MJC Construction of Bonita, California, for $99,653.00.
Because the bids received are above the $99,653.00 available funds for this project, one or two
locations on the low priority list may have to be postponed for another year. The contract
documents state that if the bids received are higher than the available funds, the City shall
decrease the quantities in the proposal to match available monies.
Attachment "A" shows the specific work to be done at each location and approximate quantities
of sidewalk, curb, gutter, and driveway to be installed. The list also shows the locations being
postponed for another year. Approximately 2.4% of proposed work is in the Montgomery area,
91 % west ofI-805 but not in Montgomery, and 6.6% east ofI-805.
Disclosure Statement
Attachment "B" is a copy of the contractor's Disclosure Statement.
Environmental Status
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act and has determined that the project qualifies for a
Class I categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. Thus,
no further environmental review is necessary.
Wage Statement
The source of funding for this project is Gas Tax Funds. Contractors bidding this project were
not required to pay prevailing wages to persons employed by them for the work under this
project. Disadvantaged businesses were encouraged to bid through the sending of the Notice to
Contractors to various trade publications.
q-2-
Page 3, Item q
Meeting Date: 01/11/05
Financial Statement
FUNDS REQUIRED FOR CONSTRUCTION
A. * Contract Amount (MJC Construction) $99,653.00
B. ** Estimated Staff Costs (DesÎlm & InsDection) $15,000.00
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $114,653.00
FUNDS AVAILABLE FOR CONSTRUCTION
A. * Gas Tax (16731-6401) $99,653.00
B. ** Potential Offset by Gas Tax Fund (22130) $15,000.00
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $114,653.00
* Because the bids received are above the $99,653.00 available funds for this project, some
locations on the low priority list will have to be postponed for another year. The contract
documents state that if the bids received are higher than the available funds, the City shall
decrease the quantities in the proposal to match available monies.
** Staff costs, estimated at $15,000.00, will potentially be offset by the annual Gas Tax Fund
transfer for such purpose. The contract amount of $99,653.00, which is for street maintenance
and construction, will be funded from the Street Maintenance account ofthe Gas Tax fund.
Upon completion of the project, the improvements will require only routine City street
maintenance.
Attachments:
A - Table - Location of Work
B - Contractor's Disclosure Statement
q - .'?¡
- --~._----_._-~-~---_.~-~-----_.,-
ATTACHMENT "A"
Sidewalk Replacement FY2003-05 JY-065-k
1 1: nfa ,H Street East-Hilltop Drive to I-80S ,90: , : 12' 1 '
¡+:¡¡¡i[iiliii!¡~l]gTJ¡¡-:i:IIi,~:
1 1, nfa :H Street East - Hilltop Drive to 1-809, 20,' 32; 1 ;
..1..)rÏiäI8s!fëE!t~~~i:8illt~P.Þ.~i.~iöï:ä~~ ............2.7.L.......... ...... ...T.H.HH;.....1.2...1..H.:
1. 1 nfa;H Street East - Hilltop Drive to 1-811; 20, ; . ; I ,
Hï'HïHrÏiä'HSti'ëëtËäšt:Hilitöpori;;;ëïöï:äif ..H,········:ïšTHHHH··T···H .... , H......."ï.'H. "'H",
1 1. nfa H'¡H Street East - Hilltop Drive to 1-813' 20f 1 .......Hf..HH.... 1"'"
¡'¡t~¡i¡i~~!~m¡i!~¡¡-r=~!i!J:¡~:
1. 1 nfa;H Street East - Hilltop Drive to 1-805; n ; . ,1 ;
·..·ï.··.·..)·..:·..·..njä·.· 'Iii StrëëiËast - Hillt~p·o~i.ë·iöï:ä05 .... ..r.............7.i.I... .....................:.... ·....·.....·........r·..·...............·li...··..··....F....··.....··...·.....··......:
1 1 nfa ,H Street East - Hilltop Drive to 1-805' 20' . , . 1 ;
....:........:'·.·.·.·.·.~~:·.·.·.m.~t.:~~:.~:8:::~b.~.~~~:ï~];è.þ~·.·.·.·.·.·.·.·,.......I.~~¡.. .·.·.·.·...·.·.·..................1..................... ···,·······..·.·.·.·.·.·..·.·.·.·.·.·.·.·.·.1·.·. .·...~H.;.·.·· ............................J
1 l' nfa ;H Street East - Hilltop Drive to 1-805: 20' ; . 4' 1:
i; 'ïïi;Ö1GsïiiëëiHHH .. ..HHi3ÖIHHH ····THHHHTH.ïHHHHH'
f" 1, 156 "Gsïiiëëi .... "HTïš{ . 'MMTM" 'rr 1
,~:¡:~i!i.;:::i~¡::tir-tl="I!;
J3.··..3··...·.....5.5..··.,KjI1~ß~ëë\·..·.·....·.·..·.....·......·....·..··.·..·.·..·.·C·...··..··.i~ö.L.·.·...................,.........................:...............·...·~ö.1·.........·.~...·.L·........··.......·:
14 2.. 94 'Second Avenue on D Street ,150;' , 1 . . ,
...15...... 4.·...·····230 .....:.K.Street:H............ .......·.:.·.·.·.·.·.·.·.·.·2.9Ö.1.·.·.· .. ........1..................... ................1 1 ......................................
16 4, 42 ,Paisley Street East .; , ' 30' 1 ... ,
Hïi'H;¡T ·····šTpäisiëÿs¡;:ëëiËäsiHHH··TH6Ö;··HH.H.. ,"'H"',"ï :HHH"¡
.·l~.:.····~ .....·.....·.:~~ir~~t¿~ÄÄ:~ü~ ..................H.......................................·.·.¡....··..·.·.·.....·.ï~~[·····················....H..........................J...................................1····· ..:......; .............. .............
21, 6 , 832 :Stanford Avenue ,55;,:. 1, ,
.................. ....................,.............................. ....... ..... ................................... ..... ..........,.... ..... ................ .................... ........,.. m.. ..................~.... .......... .....,....... .......... ........
'23' 8 : 1078 'JStreetEast : 95, : ; 19' l' ,
,H2;¡ŠUH966):iöiänÄŸëiiiJëuH'HHHU,u24Ö;HUUU'UU.ut ··.·...UH uU'i HuuU "'H. ...
: 2S :.. ..6....: 938. .Tl/VäYne.Aven.ue. ............................................................................; ........\44: ... .........:.................................1.............. ... ..... ..... .·..T.·.·.·.·.·.·.·.····ï·.·.·.·.I. .............................. .....'
26 4, 720 ; Del Mar Avenue . ISO, , ; . 1 Prop. Mon.'
··.~;:·..·;··.;·.....\f;.....,~%~f:~ttüë·.·..·..·.....··.···...·.·...·...·...·..··...·.·.·.·.....·...Ïii·......~~~r...········iii~~i·.·..··········...................¡·.·.........·........·.·...·.......}~:...H.....{......~....~;~~...~~.~...
31 7' 132 ;RanierCourt '. 18: 210' . "TH'r Prop. Mon.,
....... .'........ ..:.......... ...... ..:... ....... ...... h....... ............... ........ h .................. ...... .;. ........... .......o}.......... ................. ~"""h'" ............. .......... .................. .:....h..h.......... .;;................. h..h..:
32 5. S57 : Douglas Street . 120: ;. 1 Prop. Mon.'
,··~~j·.·1~12~{4]~~t~f~~~æ1ëe~~~t.·.··.·..·.....····..·.·.··jTu........~;~: u.. ....... ........................................::..................~~; ..........¡.....: .........................
Prop.Mon.:: Proþ£rty Survey Monum£nt q-V
JY065K-Sid£WQlk Ust-FY05.xls 8/29/03 Pag£ 1 of 2
,\'-It\f_f/iV
...___ n_ _ n
ATTACHMENT "A"
Sidewalk Replacement FY2003-05 JY-065-k
37" 10. 880 'Country Club Drive " '405' ,I ,
;~:~ s~~~;š]~~~:~~v~~eD;iveHjH'T'ï~~LmmT:LFH:H'"i
.:'~...5.. ...)?~...:.~.ö.s.s.~\r~~tE.,,~..Lï.~4.C..:::.:.~~.:J::..:'
41, 11 38 Whitney Street East . 188' , ' 'I ,
4ŽïïH'H94mjf.1öniëiiiiii:äHÄvëiiüëmmHm .....! mmm,m] 9 ,.mH f'Hmmm
44 2'iššTl.ansley waÿ' .......... ............ ......................Higi;T:··· Mm," U m 3ö I' :
:h : ·,··~~:'~~:i ::ë~nJ}m;~~I.L·mm "H"!' ····;~L·r:········H.....
............... ..:...................,...............hh. ......................... ....hm............... "':h'" .............._..................... .................. ..... h.........,...... ............ ............... .....m......,... ............... .
47 9 , 603 !DateAvenue 'SO",, I. m. . ,
48 9šiš ':ÖakïawiiAvëiiüë .. ....................... "u"'26örm, Mmmm4Š' I' ...........H.:
49 12 ·······S9iTöate Avenue' ................................... '66, ......,.. I Projj:¡:';on:'
šöïžšöi)inžöiiäš¡;eëimH'HH'Hr m¡ööTHmm,'HH' ..... "Hm.. ,H¡m"'HH
š5:7r~2~:ö;äniië~vën:ü~Ëäši(äëriJis~öriifH:m80L: ..L ··......m ····ï mmjH
55 7, 225 ,Orange Avenue East (across from) ; 145' , ' . I
..~.5....J:??s.:~r~:n.~~~yÖii':i~.Ë.~5.t(~~iös.s.!riJ'-")..Cïi~f......m. ....!.. ..H.............!...........:..:...\.:... ........... .........
. 56. 7, 235 'Orange Avenue East (across from) ; 260: ' , : I :
18' 4' III 'Oneida Street East 64!", 2 ,
~F~I\W.Ä~flt:~ë~~~~mL~~.·mmm .......! ......mmmm~~~~.~:~.
R::2{~1~]~~~~1çküeH~H~H:il;~I::rï40F2Jt,p.;~~·~ön.:
S312,1089)effersonAvenueM55.'... .L...L.,..30.' 2
. 54' 7' 32 'Rivera Place '85"" 2
;s.s.7::?Ž~:9i~~iië~iiëiiüëËäši(äëröss¡¡:önïj:Tsö:.:H.H·::H: I:
· 59' 5 376 ,Roman Way ,IZO:" 16' 2 ,
60 '31 397 }Del Mar AvëiiÜe"MH ..mTS2TT'M] '2: .. 'Hi
§110#4.9.:N.~piëS.~\r~~tË.äs¡...................:...iTL::J~?L........... ..... m.LH...Pröp.~~~::
·62 3, 664 !FirstAvenue '70!,' 37, 2 ,
.63 2TH244[¡:';¡¡'iJtAvëiïüëmHm:mï6~: .................;mLmH';1H m.
269,6~4:RfthA.vel1ueJ ¡50LL ................ .L.........3....
'SI 12' 797 !Date Avenue '100"" 3
;~~:i{~~f:~:.it~f;ji~ë::T::120: :ž5:H!'HHf'::
;'s6ïj; .....243......~a.dro.na.s~"ë¡·················· ... ............ zoO,' ..........; ....................., ...................j .........3.: .................................................
'67 13, 365 'Del Mar Avenue 100!',' 3 .
iiŠi33i;ïTóëi¡.;ä¡:Äiiëiiüë .·.·.·.·.H.mH ............. i6Ör ............ .......... "'," ··············T .............mTH 3 .........H;
.......... ..h....:...................·...h............................ h........................... .............:...................._. ....m....................~. ...................... h' .....m.............. h.-:. .................. .......... ...... .m...:
· 69 13 3S5 'Del Mar Avenue . 125! , . ,3 : ,
70· 13 ..,. ..34¿]öel~arA.venue ..m..3601·] ......... ..................................... "3',
n.I.3,.m3~1..:Dei..Mar Av~~.".~............................~9.L. ..mm............. .......... ........ '....... m.H..........:H.~...O......:
72. 13. 328 !Twin Oaks Avenue ,95, ' , . 3. ,
73i3i2šH:Cÿ¡;;ëSs ............mHHm'H¿ö, ....H. , ....... .3HmH
~:.o ,.2.......,.....~.7I~~:::..................... .....0..0...........,.........,. ....,·.:~~~I. ."........::1. ··.:..:.......:..·.···...:1..........:.......1.................:~·:....i: ............,',.
TOTALS: C:::,~;,~?..~r.:::::::::~~~[=:::=:~~?[:::'::::.:::~~~J
Prop.Mon.= Property Survey Monument . c:
JY065K-Sidewalk Ust-FY05.xls 8/29/03 q -'J Page 2 of 2
._....._........__.......__.. ._,______. .._'__......._.___....__.h._.._.___.._h__
I ATTACHMENT "E"
I THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
I Pursuant to Council Policy 10 1-0 I, prior to any action upon matters that will require discretionary action
by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of
I certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista
election must be filed. The following information must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the
I application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
;íPN 1 ~R.i ;:jIKENt:·Z-
r
I 2. If any person* identified pursuant to (I) above is a corporation or partnership, list the names of all
individuals with a $1000 investment in the business (corporation/partnership) entity.
t SA\fl¡¿R...- C5\HENE"Z-
I
3. If any person* identified pursuant to (I) above is a non-profit organization or trust, list the names
I of any person serving as director of the non-profit organization or as trustee or beneficiary or
trustor of the trust.
~ / ,
I /
4. Please identify every person, including any agents, employees, consultants, ·or independent
I contractors you have assigned to represent you before the City in this matter.
SAVI ERJ ~\M¡;:I-..j\= -z...
I
I
I
¡
14
, J:\ENGI NEE RIDES I GNUY065K\JY065K-CONTRACT.DOC
I q -&,
- - .-._-_._~ ----------------..------.
5. Has any person* associated with this contract had any financial dealings with an officia~fthe
City of Chula Vista as it relates to this contract within the past 12 months? Yes_No
If Yes, briefly describe the nature of the financial interest the official ** may have in this contract.
6. Have you made a contribution of more than $250 within ~¡¡st twelve (12) months to a current
member of the Chula Vista City Council? Yes No If Yes, which Council member?
7. Have you or any member of your governing board (i.e. Corporate Board of DirectorslExecutives,
non-profit Board of Directors made contributions totaling more than $1,000 Xthe past four (4)
years to a current member of the Chula Vista City Council? Yes_No If Yes, which
Council member?
8. Have you provided more than $300 (or an item of equivalent value) to an official** of the City
ofChula Vista in the past twelve (12) months? (This includes being a source of income, money to
retire a legal debt, gift, loan, etc.) Yes _ No X If Yes, which official** and what was
the nature of item provided?
Date: Cj-2Cj-04 Csign~~ntr~o~
3AV\E.R.-I íTIMENE:L
Print or type name of Contractorl Applicant
* Person is defined as: any individual, finn, co-partnership, joint venture, association, social club,
fTaternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality,
district, or other political subdivision, -or any other group or combination acting as a unit.
** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner,
Member ofa board, commission, or committee of the City, employee, or staff members.
15
J:\ENGINEER\DESIGNUY065K\JY065K-CONTRACT.DOC
q-,7
RESOLUTION NO 2005-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, ACCEPTING BIDS AND AWARDING
CONTRACT FOR THE "SIDEWALK REPLACEMENT AT
VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA,
CALIFORNIA (JY -065K)" PROJECT
WHEREAS, on September 29,2004, the Director of General Services received the following
sealed bids for the "Sidewalk Replacement at Various Locations in the City of Chula Vista,
California (JY -065K)" Project:
Contractor Bid Amount
1. MJC Construction - Bonita, California $ 101,025
2. Portillo Concrete, Inc. - Lemon Grove, California $ 107,270
3. Stacy and Witbeck, Inc. - Alameda, California $ 145,000
4. Sim Engineering, Inc. - Fallbrook, California $ 149,860
WHEREAS, the project was included in the budget to remove and replace curbs, gutters,
sidewalks, and driveways displaced by differential setting tree roots, etc., on various City streets; and
WHEREAS, the low bid by MJC Construction is below the City Engineer's estimate of
$116,800 by $15,775, or 13.5%; and
WHEREAS, Engineering staff checked the references provided by the contractor and all
references were verified and their work has reportedly been satisfactory; and
WHEREAS, the bid documents state that if the bids received are higher than the available
funds for the project, the City may decrease the quantities in the proposal to match available monies;
and
WHEREAS, because the bids received are above the available funds for this project
($99,653), one or two locations on the low priority list may be postponed for another year; and
WHEREAS, staff has reviewed the low bid and recommends awarding the contract to MJC
Construction of Bonita, California for $99,653; and
WHEREAS, the source of funding for this project is Gas Tax Funds and contractors bidding
this project were not required to pay prevailing wages to persons employed by them for the work
under this proj ect; and
q-?
.. ~ ..._-------_._._-_._----_..-._-.-_.._._-_._--_...._~----
WHEREAS, while no special minority or women owned business requirements were
necessary as part ofthe bid documents, however, disadvantaged businesses were encouraged to bid
through the sending of the Notice to Contractors to various trade publications; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act and has determined that the proposed
project is exempt ITom CEQA pursuant to Section 1530l(c)(1), replacement or reconstruction of
existing facilities, of the State CEQA Guidelines.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista
does hereby accept the bids and awards a $99,653 contract for the "Sidewalk Replacement at Various
Locations in the City ofChula Vista, California (JY-065K)" Project to MJC Construction.
BE IT FURTHER RESOLVED that staff is hereby authorized to increase or decrease the
value of the contract to expend all available funds for this project.
Presented by Approved as to form by
..DCÃ-- 7 \ f( -
I
Jack Griffin Ann Moore
Director of General Services City Attorney
J :\attcmey\reso\bids\Sideoo1k replacement 2005
q.-q
PAGE 1, ITEM NO.: 10
MEETING DATE: 01/11/05
CITY COUNCIL AGENDA STATEMENT
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A MEMORANDUM OF UNDERSTANDING (MOU) WITH
SAN DIEGO DIALOGUE, A UCSD EXTENDED STUDIES AND PUBLIC
PROGRAM AND APPROVING THE APPROPRIATION OF $50,000
FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND TO
COORDINATE CRITICAL NEW RESEARCH ON SPECIFIC
CROSSBORDER OPPORTUNITIES FOR ECON MIC GROWTH.
SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR~ "V"\
REVIEWED BY: CITY MANAGER "v
4/5THS VOTE: YES 0 NO D
BACKGROUND
San Diego Dialogue, a self-funded public policy research center based at UCSD Extension, was
founded in 1991 as a forum for discussion on consensus-building among members of the San
Diego/Baja California cross-border community. Since its inception, the Dialogue has been
conducting research on long-term issues that the binational region faces in order to encourage
the development and implementation of viable solutions to improve quality of life.
During the course of the Academic Year 2004-2005, San Diego Dialogue's goal through
partnerships with strategic regional partners will be to strengthen the economic and technological
capacity of the crossborder region in high value-added, globally competitive industries.
San Diega Dialogue has submifted a proposal to initiate a memo of understanding between the
City of Chula Vista and the Regents of the University of California, which includes a $50,000
investment in a series of research studies of specific opportunities for crossborder economic
collaboration among leaders in each sector, summative reports which include an agenda for
action, all of which will culminate in a maior Forum Fronterizo focused on opportunities for
collaborative growth and competitiveness in the Californias.
RECOMMENDATION
It is recommended that the City Council appropriate $50,000 from the available fund balance of
the General Fund to San Diego Dialogue, A UCSD Extended Studies and Public Program and
Authorizing the Mayor to execute the Agreement.
10-1
._"·'".m -_._------~.._~_...~._.,---,-- ....-.------.-,--.---,.-------
PAGE 2, ITEM NO.: 10
MEETING DATE: 01/11/05
BOARDS/COMMISSIONS RECOMMENDATION
Not applicable.
DISCUSSION
The investment by the City to San Diego Dialogue, a self·funded public policy research center
based at UCSD Extension, will contribute to critical new research on specific crossborder
opportunities for economic growth as well as mutually beneficial educational and business
opportunities. It will also offer the City some benefits, which they consider to be of value to our
interests and future proiects. Some direct benefits include:
1. Mayor Stephen C. Padilla's participation in a small, select Leadership Commiftee that
includes high-level representatives from the State of Baja California, Sempra Energy, Wells
Fargo Bank, the San Diego Regional Chamber of Commerce, high-ranking UCSD officials,
as well as San Diego Dialogue's key partners from Baia California. The purpose of this
group will be to meet approximately 3 to 4 times a year in a private sefting to provide
preliminary feedback on research in progress, recommendations on actionable outcomes
and advice on the additional issues or resources to be investigated.
2. A seat on the project planning and implementation commiftee.
3. Copies of all briefing papers and roundtable summaries, for which Chula Vista will also be
asked to provide critical input.
4. Visible participation in an upcoming Forum Fronterizo' public event, at which a major
presentation on shared opportunities and recommendations for action will be presented by
the Governors of Baja and California.
. In 1997 San Diego Dialogue established the Forum Fronterizo luncheon series to provide civic
leaders with a venue to examine opportunities and challenges in th.e San Diego/Baja California
metropolitan region. Today, Forum Fronterizo has become a useful resource for defining strategic
challenges facing the crossborder region and presenting potential solutions. All luncheon
programs have received extensive radio, television, and print media coverage in both Mexican
and U.S. markets.
5. An opportunity to participate or tap into an emerging new network of crossborder
relationships that will develop over the course of the Dialogue's new undertaking. San
Diego Dialogue expects this new network to encompass at least 250 individuals
(approximately half from the San Diego Regian, half from Baja California) that represent
community, academic, and governmental leaders engaged in some aspect of "high value-
added" economic development.
10-2
PAGE 3, ITEM NO.: IV
MEETING DATE: 01/11/05
FISCAL IMPACT
Funds in the amount of $50,000 will came from the available fund balance of the General Fund
for Fiscal Year 2004·2005. The Citys one-time investment to San Diego Dialogue, a self-funded
public policy research center based at UCSD Extension, will contribute to critical new research on
specific crossborder opportunities for economic growth as well as mutually beneficial educational
and business opportunities.
ATTACHMENTS
1. Formal Request
J:\COMMOEV\5TAFF.REP\2004\ 12·14·04\50 Oiclogue Reque,! 2004.dcc
10-3
- ---~..~~-..--..."----"---"----'
ATTACHMENT 1
UNIVERSITY OF CAUFORNIA, SAN DIEGO UCSD
e
BERKElEY· DAVIS· ,RVINE· LOS ANGElES· MERCED· RIVERSIDE· SAN DlF.GO . 'AN 'R"NClSCO . ~;l"/; <! '''",,"A BARB,,"^ . '''",,"A CRUZ
. ,
SAJlDIIH .', ~ .
. tJ ,~, t;:.!ti1j:f
UCSD Extended Studies and Public Programs 9500 GILMAN DRIVE, MC: 0170-0
LA JOLLA, CALIFORNIA 92093-01700
(858) 534..ß638
(858) 622-4842 FAX
August 30, 2004
David D. Rowlands, Jr.
City Manager
City of Chula Vista
276 Fourth Ave.
Chula Vista, CA 91910-2631
Dear David:
As a follow up of our meeting on July 13th, it is my intent with this document to initiate a fonnal
relationship between the City of Chula Vista and UCSD Extension/San Diego Dialogue and to
describe our collaboration in the development of a much larger opportunity that should benefit
our crossborder communities and future generations in our region. We wish to initiate a memo
of understanding between the City of Chula Vista and the Regents of the University of
California, which includes a $50,000 investment in a series of research studies of specific
opportunities for crossborder economic collaboration among leaders in each sector, summative
reports which include an agenda for action, all of which will culminate in a major Forum
Fronterizo focused on opportunities for collaborative growth and competitiveness in the
Californias.
During the course of the Academic Year 2004-2005, our goal thraugh our partnership with
strategic regional partners will be to strengthen the economic and technological capacity of the
crossborder region in high value-added, globally competitive industries. The initial work plan,
which will include numerous activities as well as strategic industry roundtables, is as follows:
By the end of the summer, San Diego Dialogue and its partners will have piloted the first two
roundtables of the new Crossbarder Innovation and Competitiveness Initiative. On August
10, 2004 a successful roundtable related to the biomedical device industry was held. The
second roundtable, focused on the opportunities for enhanced workforce development in the
crossborder software industry will be convened in late-September.
A small working group composed of Dialogue supporters (including the City ofChula Vista)
will be brought together to discuss additional roundtable topics to follow. The first meeting
of the project leadership committee (also including representation from the City of Chula
Vista) will be held during the first quarter of2005.
10-4
. -.-,.-.......-...- --_..-_...._--------,~-~-_..._-_._----
Page 2/3
UCSD/SD Dialogue
In addition, attached for your review are two sets of documents. The first provides an overview
of the Dialogue's Crossborder Innovation and Competitiveness Initiative and a description of the
process for converring focused discussions among key stakeholders. The second set of
documents contains the briefing paper and summary of the first roundtable discussion held on
August 10th (Cross border Biomedical Device Manufacturing).
The investment by the City of Chula Vista will contribute to critical new research on specific
crossborder opportunities for econorrllc growth as well as mutually beneficial educational and
business opportunities. It will also offer the City some benefits which we consider to be of value
to your interests and future projects.
I. Mayor Padilla will be asked to participate in a small, select Leadership Committee that
includes high-level representatives from the State of Baja California, Sempra Energy,
Wells Fargo Bank, the San Diego Regional Chamber of Commerce, high-ranking UCSD
officials, as well as our key partners from Baja California. The purpose of this group will
be to meet approximately 3 to 4 times a year in a private setting to provide preliminary
feedback on research in progress, recommendations on actionable outcomes and advice
on the additional issues or resources to be investigated.
2. A seat on the project planning and implementation committee.
3. Copies of all briefing papers and roundtable summaries, for which Chula Vista will also
be asked to provide critical input.
4. Visible participatian in an upcoming Forum Fronterizo * public event, at which a major
presentation on shared opportunities and recommendations for action will be presented
by the Governors of Baja and California (hopefully).
* In 1997 San Diego Dialogue established the Forum Fronterizo luncheon series to provide civic
leader, with a venue to examine opportunities and challenges in the San Diego/Baja California
metropolitan region. Today, Forum Fronterizo has become a useful resource for defining strategic
challenge, facing the crossborder region and presenting potential solutions. All luncheon
programs have received extensive radio, television, and print media coverage in both Mexican
and U.S. market,.
5. An opportunity to participate or tap into an emerging new network of crossborder
relationships that will develap over the course of the Dialogue's new undertaking. We
expect this new network to encompass at least 250 individuals (approximately halffrom
San Diego, half from Baja California) that represent community, academic, and
governmental leaders engaged in some aspect of "high value-added" econorrllc
development.
Our hope for this new relationship is thllt UCSD will become an important partner with the City
of Chula Vista in planning a new university center focused on providing the access to high level
research, education, training and entrepreneurial "know-how," as well as a collaborative setting,
facilitating the positiorring of the crossborder region as a global leader.
Sf;'N DIEGO DL~LOGUE" F..xTENDED £TUDJES 8.. PUBLIC ¡:"'RGGRl~\1S
UNiVERSITY OF CALiFORNIA SAN DIEGO
9500 GiUviþ..N DRiVE [J'I '1(}-[)_LA jOU..":\ CAUí:ORN'r\_gzD93_01 TO
858 ! 53-1-B€38 " FAX: 558! 622·484-2 "v,vM,$(1ndi'1qt'¡(J:<.WJgue,OI"g
10-5
- Page 2/3
UCSD/SD Dialogue
In the coming weeks, Martha Lima, Dialogue's director of special projects, will follow up with
your office on the details related to this partnership regarding budget, reporting requirements,
a;nd the solicitation process so we can crystallize this new and exciting undertaking.
Feel free to contact me directly if you have any questians at (858) 534-3411 or via emai1 at
mwalshok{@,ucsd.edu.
Cc: Laurie Madigan, Community Development Director, City of Chula Vista
SAN DIEGO DIALOGUE. EXTENDED STUDIES & PUBUC PROGRAMS
UN IVERS ITY OF CALIFORNIA, SAN DIEGO
9500 GILMAN DRIVE 017Q·O-LA J~"~jJ;JFORN¡A.92093.0170
858/534-8638. FAX: 858/622-484 wsandiegodialogue.org
.. ...-----.--.--- -. -....--.--... -,-.-.------------
--.-----
-1111-
Cross border Innovation & Competitiveness Initiative . aJ ,~, ~.IciIJ ~
Current Areas of Research
September 2004
San Diego Dialague's Crossborder Innovation & Competitiveness Initiative is a multi-year effort to
explore the concept that the San Diego-Baja California regian will be more globally campetitive in
key science and technology sectors by leveraging economic development opportunities linking
both sides of the border - our econamic linkages. This concept includes not just crossborder
research partnerships (a key strength of UCSD, with its inherent R&D capabilities and access to
ieading technology campanies), but also in catalyzing cannections between the San Diego and
Baja California ecanamies In high-value added sectars that link the R&D capabilities to
manufacturing and service industries in our region.
The future of both the San Diego and Baja California econamies depends on remaining
competitive and an continuous innavation in a globalized and increasingly skilled world. This
Initiative will address these issues, and also related tapics - including trade infrastructure, housing,
and education. Below is an overview af the San Diego Dialogue's current areas af research -
dane in collabaratian with the Tijuana-based ecanomic development organizatian, CENTRIS, and
Ensenada-based CICESE university - for 2004. While topics will be added and refined in the
course of the Initiative, specific tapics are already being addressed, including:
· Regional Dialogue an the San Diego-Baja Califarnia Biomedical Products Industry
· Saftware Infrastructure: the Human, Physical & Legal Infrastructure Needed to Catalyze a
crassborder Software Cluster
· Prospects for Crossbarder Innovation Capital & Angel Networks
· Crossbarder Semicanductor Fabrication: Opportunity far San Diego-Baja California
Collaboration
· The Future far Biamedical Products in the crossborder Regian
· Pharmaceutical Innovation & Crossborder Opportunities
An example of some initial research findings from San Diego Dialogue's first briefing paper follows:
Topic: Regional Dialogue on the San Diego-Baja California Biomedical Products Industry
· As can be seen at right, the number of emplayees working BioM.edical Products Cluster
for biomedical products companies on both sides of our Emp loyment (200212003 data)'"
border provides evidence of the strength of the cluster in " 30,000
Baja California - and perhaps an opportunity for .
collaboration. ~ 25,000
0
" 20,000
· While there are approximately 60 companies in Baja E
~ 15,000
.
California's biomedical products cluster employing nearly ~ 10,000
26,500 individuals in 2003, there are approximately 130 such 0
v 5,000
firms that employed around 6,400 individuals in San Diego
County in 2002. Notably, many of the firms in Baja California San Diego Baja
have a parent company in either San Diego ar in the United County CaI1fornia
States.
-- San Diego Dialogue . UCSD Extension· Gilman Drive, MC 0170-D La Jolla, CA 92093.0170
. '1T:H'IcilJ~
858.534.8638 office 858.622.4842 fax . www,sandiegodjalogue.org
10-7
Attachment 2
Not for distribution without permission fram San Diego Dialogue
Regional Dialogue on
the San Diego-Baja California
Biomedical Products Industry
Briefing Paper Prepared for
Crossborder Innovation ft Competitiveness Initiative
By:
Kenn Morris, Crossborder Business Associates
With Research Support From:
Nathan Owens, San Diego Dialogue
Ulises fUas, CENTRIS-CDT
August 10, 2004
ct SAN DlEG4I 6v~
..) .,~~ ~·ItìIJ=I
centris CIC€S~
A......".......~'"",·._...
This briefing paper was prepared for San Diego Dialogue's Crossborder Innovation û Competitiveness Initiative.
The opinions expressed in this briefing paper do not necessarily reflect those of San Diego Dialogue; the University
of California, San Diego; CENTRIS; or (ICESE
..........
..J ,~, l{:'IcilJ: San Diego Dialogue' UCSD Exten.'ion, . Giiman Drive, MC 0170·0 La Jolla, CA 92093·0170
858.534.8638 office . 858.622.4842 fax' www.sandiegodiaiogue.org
10-8
.--...'.- --- .-.-------~-_.~..__._._--,--- -~------
Not for distribution without permission from San Diego Diafo3u¿
Introduction to the Crossborder Dialogue on Innovation 8: Competitiveness
The crossbarder region, encampassing
Baja California and San Diega County,
represents nearly six million people whose
ecanamic livelihood, physical
environment, personal health, and social
well·being are inextricably linked. legally
separated by an international border, this
crossborder region can be viewed as one
major metro pole in which trade,
cammerce, health, recreation, and social
life are increasingly intertwined.
While the San Diega-Baja California region
halds enormous econamic and social
promise, there remain lingering challenges
in developing mutually beneficial economic development gaals and policies, building trust and
cooperation amongst the public· and private-sector, as well as fostering the required number
and skills af a qualified workforce an either side of our shared border.
This series of Crossborder Dialogues on Innovation and MjssedOppartuni~ies for
Competitiveness is an attempt to begin to address these
issues, facusing an a small number af regional industry Crossbarder Ecanomic linkages?
clusters; as well as ta better understand how synergies '> :"'... ". ....'..." .'....".. ".'"
. . . ... ..'"
,'. ;';, .. ,",",'
between San Diega and Baja California can improve ^ SeveraL recent studies have^conc!uded
these clusters' value chains. The Dialogues themselves that'San Diégo'seèonomYcDuld be
are a collaborative effort intended to build crossborder .strengthened'Hith better linkages '
capacity, led by UCSD Extension's San Diega Dialague, 'b1!i:w'eennianufacturing ani:i'-'servi¿é
^ ,ectors across the border. ' ^ ,
Tijuana-based CENTRIS, and Ensenada·based CICESE """YY\i::
Improving Innovation 8: Competitiveness ' The 2001 "Clusters af InrioviÚidn ^
Initiative" SertèsprodiJeed B^yHarvàrcf
Through Crossborder Collaboration ecònomistMictiåé(Pòrter'fò¡"i:tíe Council
.on ·Còmpetitivènes'S;bbse¡i\{ei:i·~ttiàt ~'Son
This effort is based upon the premise that the San Diegòisndt'{hinÚn!i'hard enôugh;'about
Diego-Baja Califarnia regian can become more globally ,-".,>:."-:;:~.<>",.-,,,>,,:..,: ·,:\:;-,·'·_~",:.,,;.;-'¡·t!¡·;,,·:-,:,:·,...·:,:
' lts.proxlmit}',to Mexico... "and:thát
competitive in key science and technology sectors by ^ ~'¡j~tter'lin¡(iÌgii~ with Mexico could'spur .
leveraging opportunities across our barder. Such ' thegrqwtli af^ànumbed3t ifJdùstriès-
opportunities potentially exist bath in terms of :·1~;'~{~;t:f~~~¡~r:;~Æ;~.t~eJ~iifi~. .',
crossborder research partnerships, and by connecting
San Diega and Baja California in high value-added
economic clusters that link regional RftD capabilities to ',EoU~C!~ ;f',~'J9t~~~:?tlp~j!,\;,P.o~l;jt&e!,t1tled .':
^...~an:D!,egÇ!,l~ii)aß,!¡¡[ormp.aQCA .^' ,', ,^
manufacturing and service industries in our region. The -':Grobaliidt;dn~,C¡jrf¡lli~p;ró~ebr.¡jd" ;,
future of both the San Diego and Baja California ~'N-rR,,',4"""'L~+ s,j;""'ê:.1""'·. ":!".:.':.",,:' . ..c'/"'·.:>:,:"") "~f."~'.0 "'/"~' :'-',;>
"noiê(f: '~¡..ttié'êòri1mércíaljlii\kage~' 'i'L.,^·.,
econamies (and, thus, our jobs, our incomes, and ability :.'/KW~;"::';''''::''·''·>d\n>.''-''F''''ê''i':'Y''3;nib(:'''<L ~":'J~ ,1..:;,.Ll' ",·,"\n:",¡
,.l5e weerÞBajãCalifòri;¡iii:'and; an"Ð(êgd'^,
~"""'µ¡;';it'\1""~~"";;<' ,--" ""·"'V"4I"'"''''&\'i-~H,''.0^!''·'·''·''·~·'·\;'''''r''.~''' .,..,' ",',c.·. "'¡
to better the quality of life in our community) depends '.reniàin·tes5:aevelò' ed:tl:ìaÌ1\tís~'én~rält':
;'"'~''''~~:~0ft''-:''~''''' ,:':~, ' :,~,~,.:,'C',~~I'fA'~',~~' ,'r-f"~"~~;¡>";'''\1,~,",Y!:;,::
on remaining competitive and on continuaus innovation ^,'unde :stèiò1l:.',Sao,Dié ò còul¡ i'ain;niûct> '
in a globalized and increasingly skilled warld. ::~~~l~~~:;~~~~~i~~~~~n~þN~~"~,, ':
The present crossborder regional dialogue will focus on
the biamedical praducts industry.
....--
..J ,~, l('r<1. I J:j San Diego Dialogue . UCSD Exten,)on . Gilman Drive, MC 0170-D La Jolfa, CA 92093-0170
858.534.8638 office . 858.622.4842 fax· www.sandiegodialogue.org
10-9
.
Net for distribution without permission from San Diego Dialogue
Trends in The Biomedical Products Cluster
What is the Biomedical Products Cluster?
While definitians of the biomedical praducts cluster may vary by regian (and across borders), the
San Diega Association of Governments (SANDAG) - one of the leading entities promating the
develapment af regional employment clusters - provides this general description:
"The... Biomedical Products cluster produces instruments, medical devices,
equipment and other apparatus primarily tar consumption by the medical
tield. Examples at this cluster's products include X-ray machines, surgical
knives, and cantact lenses. Biomedical products have a wide range at uses
such as delivering pharmaceuticals, monitoring patients, providing therapy,
and serving as artiticial human organs. The Biomedical Products cluster ts
knowledge intensive, requiring advanced research and development".'
As both the concept of industrial clusters develops, and as even the definitions used to classify
business activities evolves (such as fram traditional U.S. Standard Industrial Classification [SIC]
or Mexico's CMAP codes to the North American Industry Classification System [NAICS]), some
argument abaut which specific companies fall into the biomedical praducts cluster will likely
cantinue. However, far the purposes af this briefing, SANDAG's cluster definitions were used
when possible, including forthcoming NAICS-based definitians. These include:
2002 6- 2002 6-Digit NAleS Title
Digit NAles
333314 Optical Instrument and Lens Manufacturing
334510 Electromedical and Electrotherapeutic Apparatu, Manufacturing
334517 Irradiation Apparatus Manufacturing
339111 Laboratory Apparatus and Furniture Manufacturing
339112 Surgical and Medicalln,trument Manufacturing
339113 Surgical Appliance and Supplie, Manufacturing
339114 Dental Equipment and Supplies Manufacturing
339115 Ophthalmic Goods Manufacturing
339116 Dental Laboratories
In addition, some analysis is based upon classificatians used by the U.S. Faad and Drug
Administratian (FDA), which oversees the registration of medical device manufacturers both in
the U.S. and abroad (for thase campanies that sell their products into the U.S. marketplace).
Major Crossborder Trends
While the United States continues to be bath the warld's largest manufacturer and user of
medical device products, there is an increasing tendency to move productian or assembly af
many biomedical device products to nan-U.S. locatians. According to FDA data, there were
nearly 9,000 registered fareign medical device manufacturers in 2003, a 14.5% increase over the
previous year. Dver one-third af these manufacturers are lacated in Taiwan, China, and
Germany.
1 "Science and Technology: The Key to Creating Pro,perity", SANDAG, April 2004.
..........
..J ,~, {-rei I] :j San Diego Dialogue . UeSD Extension· Gilman Drive, Me 0170·D La Jolla, eA 92093·0170
858.534.8638 ofiice . 858.622.4842 fax . www,sandiegodialogue.org
10-10
--..... --,_._- --.--
Not for distribution without permission from San Diego Dialogue
Over the last decade, hawever, Mexico has been FDA Registered Medical Device Manufacturers in Mexico (2003)
one af the leading locations for non-U.S. medical
device manufacturing and assembly, with mare
than 208 FDA-registered medical device
manufacturing facilities currently aperating in the
country (an increase af 12.4% aver 2002 figures).
As seen in the map at right, ane of the highest
cancentrations of such companies is in
neigh baring Baja California.
Trade data further confirms the status of Mexica
as an impartant partner in crossborder medical
device manufacturing. Using the U.S. Department
of Commerce classification of "medical devices"
as thase primarily within NAICS classifications of
33911 and 33451, Mexico is actually the leading BioMed Product Imports From Mexico
exporter af such products to the U.S., having $7.00D
surpassed Japan in 2001. As seen at right, U.S. $6,000
imparts of these praducts from Mexico were $5,000
valued at more than $6 billion in 2003, c
,g $4,OOD
approximately 20% of which ($1.2 billion) came ¡
~
through the San Diego Customs District. ~ $3,000
~
$2,DOO
Hawever, Despite this apparent strong trade $1,OOD
relationship of medical devices between the U.S. $-
and Mexico, imports from several other cauntries 2DOO 2001 2002 2D03
- notably, Ireland, Switzerland and China - are o MX BloMeod Imports Via San 01..0
growing at a faster rate. FDA registration af non- E! Total BfaMeod Imports From Mexico
U.S. manufacturers are also increasing at faster 5OUrte: USITC, NAICS 33911 & 3J45
rates for other countries such as China and Korea,
among others.
Biomedical Product Companies in the San Diego-Baja California Region
San Diego County Biomedical While often combined with the larger biotechnology
Product Cluster Employment and pharmaceuticals cluster in discussions about
8,000 regional econamic develapment, biomedical products
have been identified by the San Diega Associatian of
7,000 Governments as one of the San Diega region's 15-most
6,000 important employment clusters. In part, this is due to
5,000 the positive ecanomic impact that biamedical products
4,000 and other clusters bring to the region's employment
3,000 base. However, as can be seen at left, the biomedical
2,000 products cluster has had little employment growth
1,000
0 between 1995-2002 (the last year comparable data was
1995 1996 1997 1998 1999 2000 2001 2002 available). One possible reasan cited by SANDAG for
this apparent stagnátion was expansion af these firms
outside of San Diego Caunty (in Riverside and Mexico).
2 "Science and Technology: The Key to Creating Prosperity", SANDAG, April 2004 (p. 22).
..........
..J ,~, ~'I<iIJ: San Diego Dialogue . UCSD Extension· Gilman Drive, MC 0170-D La JolTa, CA 92093·0170
858.534.8638 o!i¡ce 858.622.4842 fax . www.sandiegodialogue.org
10-11
Not for distribution without permission from San Diego Dialogue
In fact, as can be seen at right, a comparison of the number BioMedical Products Cluster
of employees working far biomedical praducts companies Employment (200212003 data)-
on both sides af our barder provides additianal evidence of
the strength of the cluster in Baja California - and perhaps ~ 30,000
c
an oppartunity for collaboration. .
§. 25,000
0
ë. 20,000
According to Tijuana-based PraduCen (a technology E
w 15,000
"
industry promatian research center spansored in part by the ~ 10,000
State Government af Baja California), there were ü 5.000
approximately 60 companies in Baja California's biomedical
products cluster, em playing nearly 26,500 individuals in San Diego Baja
2003. This contrasts with San Diega County's cluster of County California
approximately 130 firms that employed around 6,400
individuals.
Also af nate is the existing inter-relationship that Baja California's biomedical product
companies already have with the United States. Of the 60 firms identified as in the cluster by
ProduCen, slightly more than 40 have U.S. parent companies. Of these, nearly one-third
(thirteen) have either a San Diego headquarters or a related subsidiary in San Diego County.
These San Diega-related cross border biomedical product firms include Alaris Medical Systems,
Breg, Continental Labaratory Praducts, DJ Drthopedics, and Sunrise Medical, amang others.
Opportunities and Challenges for Retaining Regional Competitiveness
Given the already-existing linkages that San Diega's biomedical product companies already have
with Baja Califarnia·based manufacturers and assembly firms; the relatively paar growth of San
Diego's emplayment in this cluster; and the apparent strength af this cluster in Baja California, a
latent opportunity to foster additional growth in the biamedical products cluster may exist.
Several challenges, however, may make this gaal difficult. Some of these challenges include:
. Workforce-Related Competitive Weaknesses in Both San Diego and Baja California
As noted by various sources, the San Diego-Baja Califarnia biomedical praducts cluster
faces competitian from nat just domestic U.S. or Mexica-based businesses, but also
companies in Eurape and Asia. To remain competitive, the San Diego'Baja California
region must be able ta attract and develop a warkforce sufficiently skilled to continue
moving towards higher value-added activities within clusters such as biomedical products.
A sufficiently skilled warkforce must be able to undertake activities involving research
and development, product design, world-class manufacturing, and the cammercialization
of those praducts - nat to mention the fact that such activities may alsa include
crossborder interaction amongst universities and firms an either side af the border.
. High Cost Business Environment
In addition ta relatively high labor costs, the San Diega-Baja California region also may
have other intrinsic disadvantages for biamedical product REtD firms, manufacturers and
assemblers. Real estate casts tend to be high on either side af the border (compared ta
ather locations in each country); as are general business net taxatian rates (again,
compared ta other glaballocatians). As an example: one technalogy manufacturing
saø~
_.J ,~~ ~.I<iIJ ~ San Diego Dialogue . UCSD Extension· Gilman Drive, MC 0170-0 La Jolla, CA 92093·0170
858.534.86380ffl.e . 858.622.4842 fax . www.sandiegodlalogue.Qrg
10-12
---_.__.,."._._._"~_.-..- ------.---.-.. ._.._.~.._-------"-.-----
Not for dÎstribution without permissiDn from San Diego Dialogue
executive recently noted that the only way they were able to keep their campany's
Mexican operations campetitive against Asian firms was to use global accounting rules to
have an Asia-based subsidiary "contract" production in Mexico, to allow for shifting the
tax burden away from Mexico to another cauntry.
· Low Levels of Manufacturing Flexibility
In a Navember 2000 repart issued by San Diega Dialogue, "The Global Engagement of San
Diego/ Baja California", it was nated that, "Tijuana and San Diega both lack a broad base
in critical areas such as contact manufacturing...". For biomedical praducts, this is still
primarily the case, with the exception of a handful af such campanies now in both San
Diego and Tijuana. The relatively low number of more flexible, cantract manufacturers
that can aggressively compete against those from ather global regions still leaves the San
Diego-Baja California region at a disadvantage.
· Insufficient Financing for Baja
California Firms Venture Capital
San Diego Medical Devices a Equipment
Although there are a few cases of Mexico-
grown biamedical praducts companies in $1,400,000,000 I
Baja California (such as Augen Opticos), $1,200,000,000 J
financing af biamedical product I
$1,000,000,000
entrepreneurs in Mexica is challenging at $800,000,000
best. San Diega firms, on the other hand, $600,000,000
have a strang history of being pasitioned
in venture capital circles for seed, early, $400,000,000
and expansion stage financing (as seen in $200,000,000
the PricewaterhouseCaapers survey data s-
at right). No such venture funding has 1995 1997 1999 2001 ¡003
been identified for Baja California firms.
Source: PricewaterhouseCoopers MoneyTree Survey
· Shifting of Local Control
While nat necessarily a negative, the increasing number of mergers and buyouts in the
biamedical products industry (particularly among larger San Diega-based firms) might
potentially result in less interest by non-regional parent companies far fostering growth
af this cluster in the San Diego-Baja California region. This might particularly be the case
for parent companies that are looking for more immediate ways ta reduce costs or that
consolidate operations to gain ecanomies af scale. Shauld the capabilities af the San
Diego-Baja California region be stronger in the area af integrating research and
development with manufacturing, less pressure might be placed an parent companies ta
consider leaving the region.
· Lack of Common Cluster Definitions and Collaboration Amongst Economic
Development Entities Ii Trade Groups
While perhaps nat a challenge that affects the day-to-day aperatians af biomedical
product companies, a more prafound weakness for this sector's grawth may be the lack
of a consistent definition af which activities actually make up the biomedical products
cluster on bath sides of the San Diego-Baja California border, as well as how regional
UN Døae
..J ,~, ~'I<iIJ: San Diego Dialogue . UeSD Exten,ion . Gilman Drive, Me 0170·D La Joila, eA 92093.0170
858.534.8638officé . 858.622.4842 fax . www.sandiegodjalogue.org
10-13
Not tor distribution without permission trom Son Diego Dialogue
economic development entities and trade groups might more effectively collabarate to
promate palicies that would support a stronger cross border regional growth of this
cluster.
Conclusion
Ample evidence suggests that the biamedical products cluster has great patential to bath
cantinue growth in Baja Califarnia, as well as achieve much stronger growth in San Diego County
- should additional linkages be developed across the San Diego-Baja Califarnia border. Despite
same potential challenges, it appears that many af the largest such companies in San Diego
County may have reached their size in part because of the competitive advantages gained by
develaping a portion of their manufacturing or assembly operatians in Baja Califarnia.
In addition, it is alsa clear that attempting to improve the cluster's value chain in the regian will
require not only mare crossborder business-to-business linkages, but alsa increased university-to-
university and university'business collaboratians - within the regian and acrass the San Diega-
Baja California barder.
.... .....
..J ,~, ~.I<iIJ: San Diego Dialogue . UCSD Extension· Gilman Drive, MC 0170·D La Jolla, CA 92093-0170
858.534.8638 offlcé . 858.622.4842 fax . www.sandiegodialogue.org
10-14
.__...._ _____ - __ __.._..____._~_._,.____.___.. .._m_ .
Not for distribution without permission from San Diego DialoguE'
Appendices
Appendix I: Sources of Additionallnformatian
· California Healthcare Institute (www.chi.or~)
· CENTRIS-CDT (www. centris-cdt. or~. mx)
· Innovation Mexico Journal (www.innovationmexico.com)
· Medical Device Manufacturers Association (www.medicaldevices.or~)
· ProduCen (www.Droducen.or~)
· San Diego Association of Governments (www.sanda~.or~)
· U.S. Department of Commerce Medical Equipment Division (www.ita.doc.~ov/td/mdeauiD/)
· U.S. FDA/Office of International Programs (www. fda.~ov/oia/homeDa~e.htm)
Appendix II: Directary of Selected San Diego-Baja California Companies in Cluster
Mexico Company Baja CA U.S. Company SD County Website
City City
Breg de Mexico, SA de CV Mexical i Breg (Orthofix) Vista www.bre~.com
Coastline de Mexico, SA de Tijuana Coa,tline International San Diego www.coastlineintl.com
CV
Continental Laboratory Tijuana Continental Laboratory San Diego www.clDdirect.com
Pdts, S de RL de CV Pdts
DJ Orthopedics de Mexico, Tijuana DJ Orthopedic, Vista www.diDrtho.com
SA de CV
Labomex MBP, S de RL de Tijuana Molecular Bioproducts San Diego www.arttiDs.com
CV
Lancer Orthodontics de Mexicali Lancer Orthodontics, San Marcos www.lancerortho.com
Mexico, SA de RL de CV (Biomerica ,ub,idiary)
.
Manufactura Integrada del Tijuana Pacific Integrated Mfg, Bonita
Pacifico, S de RL Inc
NPA de Mexico, SA de CV Tijuana Nypro Chula Vista www.nvcro.com
Pacific Device of Mexico, SA Tijuana Avail Medical Products San Diego www.availmed.cDm
de CV
.
....-
..J ,~, ~'I<iIJ:j San Diego Dia/ogue . UCSD Extens/on . Gilman Drive, MC 0170·D La Jolla, CA 92093·0170
858.534.86380fiice' . 858.622.4842 fax . www.sandiegodiaJogue.org
10-15
Not for distribution without permis,ion from San Diego Dialogue
Mexico Company Baja CA U.S. Company SD County Website
City City
Sig Armolite de Mexico, SA Tijuana Signet Arrnorlite San Marcos www.signetarmorlite.com
deCV
Sistemas Medicos Alaris, SA Tijuana Alaris Medical Systems San Diego www.alarismed.com
deCV
Sunrise Medical Tijuana Sunrise Medical Carlsbad www.sunrisemedical.com
Tecnologias, SA de CV Appendix III: FDA Foreign Régistered BioMedical Praduct Manufacturers
FDA Registered Foreign Medical Device
Manufacturing Establishments
Country 2002 2003 % change
Taiwan 1042 1152 10.6%
China 752 1028 36.7%
Germany 882 941 6.7%
Canada 562 611 8.7%
United Kingdom 478 530 10.9%
Japan 463 519 12.1%
Republic of Korea 362 457 26.2%
Italy 377 430 14.1%
Pakistan 288 343 19.1%
Hong Kong 279 324 16.1%
France 254 291 14.6%
Malaysia 224 234 4.5%
i.:.·. "..........,. ,····..·..'.·..·.....Jª~I···,,···.·..'· ",'20$ '.
Israel 173 188 8.7%
India 158 179 13.3%
Switzerland 155 170 9.7%
Sweden 142 163 14.8%
Thailand 95 109 14.7%
Australia 86 104 20.9%
Netherlands 88 97 10.2%
Ireland 83 85 2.4%
'Duree: FDOd and Drug Admini,tration, 2004
.... .....
..J ,~, {oreil]:f San Diego Dialogue . UC5D Extension· Gilman Drive, MC 0170·D La Jolla, CA 92093-0170
858.534.8638 office . 858.622.4842 fax . www.sandiegodialogue.org
10-16
- -~_.__._.._-,_.__.._--,--,-----_.._-~-_.__..._--"."...,,----
RESOLUTION NO. 2005- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A MEMORANDUM OF
UNDERSTANDING WITH SAN DIEGO DIALOGUE, A UCSD
EXTENDED STUDIES AND PUBLIC PROGRAM, AND
APPROVING THE APPROPRIATION OF $50,000 FROM THE
AVAILABLE FUND BALANCE OF THE GENERAL FUND TO
COORDINATE CRITICAL NEW RESEARCH ON SPECIFIC
CROSSBORDER OPPORTUNITIES FOR ECONOMIC
GROWTH
WHEREAS, San Diego Dialogue, a self-funded public policy research center based at
UCSD Extension, was founded in 1991 as a forum for discussion on consensus-building among
members of the San Diego/Baja California cross-barder community; and
WHEREAS, since its inception, San Diego Dialogue h¡¡s been conducting research on
long-term issues that the bi-national region faces in order to encourage the development and
implementation of viable solutions to improve quality oflife
WHEREAS, during the caurse of the Acadernic Year 2004-2005, San Diego Dialogue's
goal thraugh partnerships with strategic regional partners will be to strengthen the economic and
technological capacity afthe cross-border region in high value-added, globally competitive
industries; and
WHEREAS, San Diego Dialogue has submitted a proposal to initiate a memo of
understanding between the City af Chula Vista and the Regents of the University of California,
which includes a $50,000 investment ta help facilitate critical new research on specific cross-
border opportunities for economic growth as well as mutually beneficial educational and
business opportunities.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula
Vista does hereby approve a memorandum of understanding between the City and San Diego
Dialogue, a UCSD Extended Studies and Public Program, to coordinate critical new research on
specific crossborder opportunities for economic growth.
BE IT FURTHER RESOLVED that $50,000 from the available balance of the General
Fund shall be appropriated to the Community Development Department's supplies and services
budget to pay San Diego Dialogue pursuant to the Agreement.
Presented by Approved as to form by
~7,~
Laurie Madigan Ann Moore
Director af Community Development City Attorney
home\attomey\resolagreements1san diego dialogue. doc
10-17
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Uc.-- 7. ,.J
Ann Moore
City Attorney
Dated: Ð I - ø.r-.S-
Memorandum of Understanding with
San Diego Dialogue, and appropriation of
$50,000 rrom the available fund balance of the
General Fund to coordinate critical new research
On speci,fic crossborder opportunities for
Economic growth
10-18
___ __ w...._···__n__...__....._ --"-'---'-"-~-"'-
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF CHULA VISTA
AND
SAN DIEGO DIALOGUE
TO HELP FACILITATE CRlTICAL NEW RESEARCH ON
CROSS-BORDER OPPORTUNITIES FOR ECONOMIC GROWTH
TIllS AGREEMENT is made this January 11, 2005, for the purposes of reference only,
and effective as of the date last executed between the parties, between the City of Chula Vista
("City") herein, a municipal corporation of the State of California, and San Diego Dialogue, a
seli-funded public policy research center based at UCSD Extension ("Grantee"), and is made
with reference to the follawing facts:
RECITALS
WHEREAS, San Diega Dialogue, a seli-funded public policy research center based at
UCSD Extension, was founded in 1991 ,as a forum for discussion on consensus-builcling among
members of the San Diego/Baja California cross-border community; and
WHEREAS, since its inception, San Diego Dialogue has been conducting research on
long-term issues that the bi-national region faces in order ta encourage the development and
implementation of viable salutions ta imprave quality of life
WHEREAS, during the caurse of the Acadenúc Year 2004-2005, San Diego Dialague's
gaal through partnerships with strategic regional partners will be to strengthen the econoIIÙc
and technological capacity af the cross-border regian in high value-added, globally competitive
industries; and
WHEREAS, San Diego Dialogue has subIIÙtted a proposal to initiate a memo of
understancling between the City af Chula Vista and the Regents of the University of California,
which includes a $50,000 investment to help facilitate critical new research on specific cross-
border opportunities for economic growth as well as mutually beneficial educational and
business oppartunities; and '
NOW, THEREFORE, in consideratian of the mutual obligations of the parties as herein
expressed, the parties hereto agree as follows:
1. Term of Agreement. The term of this agreement shall be for a period af one (1) year, from
January 11, 2005 through January 10, 2006.
2. Grantee's Statement of Work/Benefits. Grantee agrees to conduct a series of research
studies of specific opportunities for cross-border econoIIÙC collaboration among leaders in
I each econoIIÙc sector; produce summative'reports detailing Grantee's finclings and an
agenda for action. The Grantee shall perform the following duties and convey the
10-19
._~.~.,"-- -----.-----..-".--.--- ------.--.-----.-..-.-."
a. The City's Mayor shall be a member of a small, select Leadership Committee that
includes high-level representatives from the State of Baja California, Sempra Energy,
WeDs Fargo Bank, the San Diego Regional Chamber of Commerce, high-ranking
UCSD officials, as well as Grantee's key partners from Baja California.
b. The Leadership Committee shall meet three to four times a year in a private setting
to provide preliminary feedback on research in progress, recommendations on
actionable outcomes and advice on the additional issues or resources to be
investigated.
c. The City shall be invited and allowed to appoint a voting member of to Grantee's
Project Plarming and Implementation Committee.
d. Grantee shall provide copies of all briefing papers and roundtable summaries, for
which the City will be asked to comment on.
e. The City shall be allowed to visibly participate in at least one Forum Fronterizo
public event, at which a major presentation on shared opporturùties and
recommendations for action will be presented by the high-level government afficials
from both Baja and California. City's participation shall be prominently publicized.
f. Grantee's public palicy program shall include proactive solicitation of City's public
and private leaders to participate in an emerging new netwark of crossborder relationships that
will develop over the course of the Grantee's new undertakings. We expect this new network to
encompass at least 250 individuals (approximately haJi from San Diego, haJi from Baja
California) that represent community, academic, and governmental leaders engaged in some
aspect of .'high value-added" econonúc development.
3. Compensation. In consideration of the work and benefits described in Paragraph 2 , the
City shall contribute $50,000 (Fifty Thousand Dallars), payable as a one-time contribution.
4. Reports. The Grantee shall provide the City with a quarterly report, subnútted no later
than 40 days after the last day of the previous quarter, which includes a narrative of the
services provided during the previaus quarter.
5. Assignment. Because of its unique qualifications, City is laoking solely to Grantee to
perform the wark designated in this Agreement. The performance of this Agreement may
not, by sub-agreement, be assigned to any ather entity without prior written consent of the
City.
6. Consultation and Cooperation. City and Grantee shall regularly consult with each other
for the purpose of reviewing and guiding the progress towards the goals and objectives of
this Agreement and Grantee's Dialogue project, in general
7. Publication, Reproduction and Use of Material. Permission to use, copy, and distribute
any part of the final report for educational, research and nan-profit purposes, without fee,
10-20
Chula Vista/SD Dialogue Page 2 of 5 January 11, 2005
.
and without a written agreement is hereby granted to the City by the University of
California.
8. Independent Contractor. City is interested only in the results obtained and Grantee shall
perfo= as an independent contractor with sole control of the JIlarlIl.er and means of
performing the services required under this MOU. City maintains the right only to reject
or accept Grantee work products. Grantee and any of the Grantee's agents, employees or
representatives are, for all purposes under this MOU, an independent contractor and shall
not be deemed to be an employee af City, and none of them shall be entitled to any
benefits to which City employees are entitled including but not limited to, overtime,
retirement benefits, worker's compensation benefits, injury leave or other leave benefits.
Therefore, City will not withhold state or federal income tax, social security tax or any
ather payroll tax, and San Diego Dialogue shall be salely responsible for the payment of
same and shall hold the City hamùess with regard thereto.
9. Insurance. Grantee represents that it, and its agents, and staff emplayed by it are protected
by worker's compensation insurance and has coverage under public liability and property
damage insurance policies which this Agreement requires to be demonstrated in the fa=
of a certificate of insurance. Grantee will provide, prior to commencement of the services
required under this Agreement the following certificates of insurance to the City: a)
Statutory Worker's Compensation coverage plus $1,000,000 Employers liability coverage;
b) General and Automobile Liability coverage to $2,000,000 combined single limit which
names the City as additional insured, and which is primary to any policy which the City
may otherwise carry ("primary coverage"), and which treats the employees of the City in
the same marmer as members of the general public ("cross-liability coverage"). The
insurance shall be ~sued by an admitted carrier with a Best's rating of AN or better,
except as otherwise approved by the City it its sole discretion.
10. Hold Hamùess. Grantee shall defend, indemnify and hold hamùess the City, its elected
and appointed officers and emplayees, from and against all claims for damages, liability,
cost and expense (including without limited attorney's fees) arising out of the conduct of
the Grantee, or any agency or employee, or others in connections with the execution of the
work covered by this Agreement, except anly for those claims arising from the sole
negligence or sole willful misconduct af the City, its officers, or employees. Grantee
indemnificatian shall include any and all costs, expenses, attarney's fees and liability
incurred by the City, its officers and agents, or employees in defending against such
claims, whether the same proceed to judgntent or not. Further, Grantee at its own expense
shall, upon written request by the City, defend any such suit or action brought against the
City, its officer, agents, ar employees. Grantee's indemnification of City shall not be
limited by any prior or subsequent declaration by the Grantee.
II. Agreement Modification. This Agreement may not be modified orally or in any marmer
other than by an agreement in writing signed by the parties hereto.
12. Entire Agreement. This Agreement represents the entire agreement between the parties
and supersedes any previous or contemporimeous written or oral agreements.
10-21
Chula Vista/SD Dialogue Page 3 of 5 January 11, 2005
- -_.'-,-- -.-..----.....,--.-- ~. ._-----~----- ----.-.--- ..-----
[next page is signature page]
.
,
10-22
Chula Vista/SD Dialogue Page 4 of 5 January 11, 2005
SIGNATURE PAGE FOR
MEMORANDUM OF UNDERSTANDIN"G BETWEEN
THE CITY OF CHULA VISTA
AND
SAN DIEGO DIALOGUE
TO HELP FACILITATE CRITICAL NEW RESEARCH ON
CROSS-BORDER OPPORTUNITIES FOR ECONOMIC GROWTH
IN" WITNESS WHEREOF, City and Grantee have executed this Agreement this 11th day of
January 2005
CITYOFCHULA VISTA UCSD EXTENSION
#v'~~ ~ µ¿A)
Stephen C. Padilla Ma:£'ý 1. Walshok, Ph.D.
Mayor Assaciate Vice Chancellor, Public Programs
APPROVED AS TO FORM BY
Arm Moare
City Attorney
ATIEST
Susan Bigelow
City Clerk
,
10-23
Chula Vista/SO Dialogue Pa"e 5 of.'i T__un ..... ----
-~----^"---- "------ ------ --------- -"--..---
..
COUNCIL AGENDA STATEMENT
Item-LL
Meeting Date 1/11/05
ITEM TITLE: Ordinance No. Amending various sections of ChuIa Vista Municipal
Code Chapter 9.20 relating to Property Defacement including graffiti
removal requirements, penalties and rights of the City to enter and remove
graffiti
Resolution Amending the City's Master Fee Schedule and
establishing a new graffiti removal fee
Resolution Amending the FY 04-05 Public Works Operations
budget by appropriating $44,534 from the available balance of the General
Fund and appropriating $26,500 from the available balance of the
Corporation Yard DIF fund and approving additional staff for Public
Works Operations to implement a new graffiti abatement program
SUBMITTED BY: Director of Public Works Operation'
REVIEWED BY: City Manager ~¡u (4/5 Vote: Yes-K- No~
The swift removal or painting over of graffiti, in combination with criminal prosecution of the
persons who cause it, is the most effective way of combating this very serious problem.
Adoption of the ordinance and resolutions will provide additional abatement and enforcement
tools to protect public and private property from acts of vandalism and defacement; especially
graffiti, which is inimical and destructive of the rights and values of private property owners as
well as the total community. More specifically, the new program would make it unlawful for
any person to permit hislher property to remain defaced with graffiti, which is visible to the
public, for more than 48 hours. It also gives City crews the authority to remove graffiti on
privately-owned property in a more timely manner and creates a new, non-mandatory graffiti
removal fee. Finally, thanks to the acquisition of a new paint-matching van (anticipated to arrive
in April or May 2005), City crews will have the option of leaving custom paint with the property
owner to use in case graffiti reappears.
RECOMMENDATION: That Council:
1) Adopt the Ordinance amending various sections of the ChuIa Vista Municipal
Code Chapter 9.20 relating to Property Defacement including graffiti removal
requirements, penalties and rights of the City to enter and remove graffiti
11-1
-" -..--" -~._-_...._.__..._-_.- n_'_"__'~____"__"
Page 2, Item II
Meeting Date 1/11/05
2) Adopt the Resolution amending the City's Master Fee Schedule and establishing a
new graffiti removal fee
3) Adopt the Resolution amending the FY 04-05 Personnel Services budget for
Public Works Operations by appropriating $44,534 from the available balance of
the General Fund and approving the addition of one (1) Senior Maintenance
Worker, one (1) Maintenance Worker IIlI and one (I) Senior Public Works
Specialist effective Aprill, 2005; and amending the FY 04-05 Corporation Yard
DIF budget by appropriating $26,500 from the available balance of the
Corporation Yard DIF fund for the purchase of a program-related truck and
computers for Public Works Operations
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
Graffiti Abatement Program (current).
The City's graffiti abatement program is designed to address the removal and reduction of
graffiti. Citizens and businesses can report graffiti or request assistance with graffiti removal
through the 24-hour Graffiti Hotline. City staff also report graffiti as they observe it during the
course of their normal work duties. As reports of graffiti are received, they are routed to the
appropriate department - calls regarding graffiti on City property are referred to Public Works
Operations and calls regarding graffiti on private property are referred to Police and Planning
and Building. When appropriate, referrals are also sent to other agencies including MTDB,
SDG&E, Cox, and other utilities.
For calls that are referred to Public Works Operations, every effort is currently made to remove
graffiti from City buildings and parks within one day, along the right of way within 3 days of
notification, and graffiti in drainage channels and trolley corridors is removed, as needed, on a
periodic basis. This work is currently being accomplished with one (two-person) graffiti crew.
This crew, for the most part, currently does not remove graffiti that is located on private property
as it is the property owner's responsibility. Over the last fiscal year (FY03-04), this crew
completed over 517,800 s~uare feet of graffiti eradication. During the current fiscal year (from
July 1st - November 30 ), this crew has completed over 200,000 square feet of graffiti
eradication. Furthermore, the City will be taking over maintenance (graffiti removal) of the new
bay-shore bikeway over the Sweetwater River to E Street.
Graffiti Abatement PrOgram (Ordinance Change ).
Participation from Police, Code Enforcement, and Public Works Operations resulted in a number
of proposed ordinance changes, which include reducing the amount of time within which graffiti
must be removed; improvements to the noticing requirement; improvements to the owner
consent process; and establishing a new graffiti removal fee.
11-2
Page 3, Item L
Meeting Date 1/11/05
The graffiti abatement program is currently a collaborative effort by Planning and Building,
Police, and Public Works Operations. The program is coordinated through the Community
Resource Coordinator, a full-time position in the Police Department dedicated to graffiti
eradication. Although this position was hired to run the graffiti program, the program has
basically "run itself' over the last few years as this position's ancillary duties increased
significantly. The Community Resource Coordinator now provides support and oversight for
various programs such as the Senior Volunteer Patrol and Citizen's Police Academy and assists
the Police Department with citizen complaints and inquires. Since graffiti continues to be an
issue throughout the city, staff requests that oversight of the graffiti abatement program now shift
totally under Public Works Operations. Code Enforcement and Police will continuð to be
involved as is appropriate. In doing so, staff recommends that the Municipal Code be amended
to provide additional abatement and enforcement tools to protect public and private property
from acts of vandalism and defacement and give City crews the authority to remove graffiti on
privately owned property in a more timely manner.
Currently, a responsible party has seven days to remove graffiti. If still present after this time
period, the City may enter onto a person's property and remove graffiti after holding a hearing
and waiting five days. As a result, it takes at least two weeks to remove graffiti from a property
when the owner chooses not to or is unable to abate the nuisance. To correct this problem, the
ordinance amendment will make it unlawful for any person who is the owner or who has primary
responsibility of real or personal property to permit the property to remain defaced with graffiti,
which is visible to the public, for more than 48 hours. It also streamlines the process used by the
City to remove graffiti on private property, thereby ensuring that the nuisance is abated in a more
timely manner. It should be noted that rapid removal is key to any graffiti abatement program as
many jurisdictions throughout the United States remove graffiti within 24 to 48 hours. The
majority of those individuals who paint graffiti seek notoriety and recognition of their graffiti as
they attach status to having their work seen. Thus, prolonged visibility due to the sheer volume,
scale and complexity of the graffiti, and placement of the graffiti in hard-to-reach places,
enhance the person's satisfaction.
In short, the swift removal or painting over of graffiti is the most effective way of combating this
very serious problem. The proposed ordinance changes give the City the tools to accomplish this
objective.
Graffiti Abatement Program (new process ).
As an alternative and to supplement traditional code enforcement tools, whenever the City
becomes aware, or is notified, that graffiti is located on privately owned property viewable from
a public or quasi-public place within the city, staff will notify the owner or person who has
primary responsibility of real or personal property that they have 48 hours to remove said
graffiti. A property will be considered no longer defaced when the graffiti is removed or the
defaced area is covered by paint, which is similar in shade and color to the structure or item the
graffiti resides on. If the graffiti is on glass or some other material, which can be scraped
without damaging the material, the graffiti should þe removed and not painted over.
11-3
_._...._-_._-----_._~_..,,_.,.-
Page 4, Item ,I
Meeting Date 1/11/05
If a responsible party fails to remove graffiti within 48 hours of being notified, the City will have
the right to enter onto the property and paint over or remove said graffiti and may commence
cost recovery proceedings. The decision to institute cost recovery proceedings will be a
discretionary action. Staff does not intend to charge for graffiti removal from residential
property unless the property owner is particularly uncooperative. Commercial and industrial
properties will be evaluated on a case-by-case basis. Note that traditional code enforcement
tools can be used, such as administrative citations and civil penalties, but these give the
responsible party a much longer period of time to remove the graffiti.
Notice - method of service. Before entering onto a person's property to abate graffiti, the City
will notify the responsible party in writing of its intent to do so. Said notice will be served by
one of the following: personal service upon the responsible party; certified mail, postage prepaid,
return receipt requested to the last known address of the responsible party; or posting or hanging
a notice conspicuously on or in front of the main entrance to the property where the graffiti is
located.
Securing Owner Consent. Prior to entering onto private property for the purpose of graffiti
removal, the City will also attempt to secure the written or oral consent of the responsible party,
which may be incorporated into the required written notice. The responsible party may execute
and file with the City a consent form that authorizes the City, without notice, to immediately
enter onto the property to paint over any graffiti. Such consent will be effective indefinitely,
until withdrawn in writing by the responsible party.
Graffiti Removal Cost.
Staff recommends amending the City's Master Fee Schedule by establishing a new graffiti removal
fee of $76 (a flat fee) plus an $0.80 per square foot charge for painting over graffiti and a $1.62
per square foot charge to remove graffiti by water blasting. The proposed fees are based upon
applicable staff costs, recouped at full cost recovery. The $76 flat fee represents the travel time,
setup, and cleanup for all graffiti removal.
Graffiti Eradication Van.
In an effort to enhance the City's graffiti eradication and abatement program, a new graffiti
abatement van was approved during the FY 04-05 budget process. The van gives the graffiti
crew the ability to match paint colors on the scene. The graffiti crew currently covers graffiti
with available colors that do not always match the existing wall or object color. The new
equipment allows for color matching so precise that the graffiti will be undetectable. Once the
crew creates a custom color to cover graffiti at a particular site, staff then has the option to leave
a gallon of this custom paint with the property owner to use in case of reoccurrence. The graffiti
abatement van will be an excellent addition to the services the City already offers in the fight
against graffiti and promotes strong and safe neighborhoods. The van is anticipated to arrive in
April or May of2005.
11-4
Page 5, Item / I
Meeting Date 1/11105
Staffing Requirement.
In order to accommodate the change in the City's ordinance requiring that graffiti on private
property be removed by City crews and along the right of way within two days of notification, an
additional graffiti crew is being requested. This crew will utilize the color matching equipment
and van approved during the FY 04-05 budget process. By requesting only one additional
graffiti crew, staff will be given the opportunity to observe the workload of both crews, and then
determine (within the next year) if an additional graffiti crew is necessary to keep up with the
increase in workload due to the change in the City's policy regarding graffiti eradication.
Staff is also requesting a Senior Public Works Specialist position. This position will assist the
Principal Management Analyst with oversight of the entire graffiti eradication and abatement
program for the City. The Senior Public Works Specialist will deliver graffiti removal notices to
property owners and monitor the workload of the graffiti crews to ensure that graffiti is removed
in compliance with City policy. Approval of a pickup truck and desktop computer is also
recommended.
Staff recommends filling the new graffiti crew with a Senior Maintenance Worker and a
Maintenance Worker IIlI and recommends hiring a Senior Public Works Specialist. Estimated
cost is $42,8591 for the remainder of the current fiscal year and $168,22f annually, thereafter.
Purchasing of safety supplies will cost an estimated $6253 initially and $1,500 annually,
thereafter. Estimated cost for a pickup, desktop computer and laptop is $26,500 initially and
$4,200 annually for equipment maintenance and replacement costs.
FISCAL IMPACT:
For FY 04-05, the total impact to the General Fund is $44,534. Of this amount, $42,859 will be
allocated for personnel, $625 for supplies and services, $400 for equipment maintenance, and
$650 for equipment replacement costs. The ongoing total cost is anticipated to increase to
$176,432 annually. Of this amount, $170,732 will be allocated for personnel, $1,500 for
supplies and services, and $4,200 for equipment maintenance and replacement costs. Since
ongoing resources have not been identified to fund these ongoing costs, approval of this action
may require offsetting budget reductions in future years.
For FY 04-05, the total impact to the Corporation Yard Development Impact Fee Fund for the
purchase of a truck and computers is $26,500 (a one-time cost).
Co\Documents and SettingslrobertblMy DocumentsIBoblAl13 Gtaffiti Abatement Program _dhb.doc
1 Assumes a start date of 4/0 1/05 and includes all benefits and salary and flex plan increases as outlined in the most
recent memorandum of understanding between the City and CVEA.
2 Annual costs include all benefits and salary and flex plan increases as outlined in the most recent memorandum of
understanding between the City and CVEA.
3 Includes safety supplies, training, wearing apparel, and iaiÍndry & cleaning services.
11-5
__~_~._._.m'm__'·' __ u________ _____._........__.._.__...,,___.____.n.__.__
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
VARIOUS SECTIONS OF CHULA VISTA MUNICIPAL CODE
CHAPTER 9.20 RELATING TO PROPERTY DEFACEMENT
INCLUDING GRAFFITI REMOVAL REQUIREMENTS, PENALTIES
AND RIGHTS OF THE CITY TO ENTER AND REMOVE GRAFFITI
WHEREAS, graffiti is inimical and destructive of the rights and values of private
property owners as well as the total community; and
WHEREAS, prolonged visibility due to the sheer volume, scale and complexity of the graffiti,
and placement of the graffiti in hard-to-reach places, enhances the graffiti creator's satisfaction; and
WHEREAS, the swift removal or painting over of graffiti in combination with crimina)
prosecution of the persons who cause it is the most effective way of cornbating this very serious
problem.
NOW, THEREFORE, the City Council ofthe City of Chula Vista does hereby ordain:
SECTION I: That Chapter 9.20 of the Chula Vista Municipal Code is amended to read as follows
(underlines are additions and strikeouts deletions) :
Chapter 9.20
PROPERTY DEFACEMENT
9.20.010 Purpose and intent.
9.20.020 Definitions.
9.20.030 Anti-vandalism provisions.
9.20.035 Repealed.
9.20.037 Repealed.
9.20.040 Punishment provisions.
9.20.045 Detection provisions.
9.20.050 Accessibility to graffiti implements.
9.20.055 Removal provisions.
9.20.060 Prevention provisions.
9.20.065 Parental involvement provisions.
9.20.070 Severability.
9.20.010 Purpose and intent.
It is the purpose and intent of the city council of the city, through the adoption of this chapter, to provide
additional abatement and enforcernent tools to protect public and private property from acts of
vandalisrn and defacement; especially, but not limited to, graffiti on privately and publicly owned
wal-!s,propertv. which Breis inimical and destructive of the rights and values of private property owners
as well as the total community. 111e maioritv of those individuals who paint graffiti seek notoriety and
recognition as they attach status to having their work seen. Prolonged visibility due to the sheer volume.
scale and complexity of the graffiti. and placement of the graffiti in hard-to-reach places. enhance the
11-6
---.,.-'--.---.-'-"----'- - .- ~-~---_..._-------
Graffiti Ordinance Ordinance No.
-
Page 2
perpetrator's satisfaction. Therefore. the swift removal or painting over of graftiti in combination with
criminal prosecution of the persons who create it is the most effective way of combating this very
serious problem. It is further the intent of the city council, through the adoption of this notice to all of
those who callously disregard the property rights of others, that the law enforcement agencies of the city,
both the police department and the prosecutor's office, will strictly enforce the law and severely
prosecute those persons engaging in the defacement of public and private properties.
9.20.020 Definitions.
A. As used in this section, "graffiti" includes any inscription, word, figure, or design that is marked,
etched, scratched, drawn, painted, pasted or otherwise affixed to or on any surface, regardless of
the nature of the material of that structural component, to the extent that same was not authorized
in advance by the owner thereof., or, despite adyaaee autl1.orizatioH, is otherNise deemed 13)' the
eouncil to be a ]JHolie Huisance.
B. "Aerosol paint container" means any aerosol container, regardless of the material from which it is
made, which is adapted or made for the purpose of spraying paint or other substances capable of
· defacing property.
C. "Felt tip marker" means any indelible marker or similar implement with a tip which, at its broadest
width, is greater than one-eighth inch, containing an ink that is not water-soluble.
D. "Glass etching products" means any product which can be used to permanently alter a glass
surface, including but not limited to such products. that contain hydrofluoric acid, ammonium
bifluoride and sulfuric acid, or sodium bifluoride.
E. "Graffiti implement" means an aerosol paint container, a felt tip marker, a graffiti stick or glass
· etching products.
F. "Graffiti stick" means a device containing a solid form of paint, chalk, wax, epoxy, or other similar
substance capable of being applied to a surface by pressure, and upon application, leaving a mark
at least one-eighth of an inch in width, visible from a distance of 20 feet, and not water-soluble.
9.20.030 Anti-vandalism provisions.
A. Unlawful to Apply Graffiti. It shall be unlawful for any person to apply graffiti on any public or
· privately owned structures located on public or privately owned real property within the city.
B. Possession by Minors. It shall be unlawful for any person under the age of 18 years to have in his
or her possession any graffiti implement while upon public property or upon private property
without the consent of the owner of such private property, whose consent is given in advance and
whose consent shall be given as to the person's presence while in the possession of a graffiti
implement.
· 11-7
Graffiti Ordinance Ordinance No.
-
Page 3
1. School Exception for Felt Tip Markers. The foregoing provision shall not apply while the
person is attending, or travelling to or from, a school at which the person is enrolled, if the
person is participating in a class at said school which has, as a written requirement of said
class, the need to use felt tip markers.
C. Possession in Designated Public Places. No person shall have in his or her possession any graffiti
implement while doing any activity at or around a public building or in any public park,
playground, swimming pool, recreational facility, or while loitering in or near an underpass, bridge
abutment, storm drain, and other similar types of infrastructure not normally used by the public
except as may be authorized by the city.
9.20.035 Permitting graffiti to remain - Criminal liability.
Repealed by Ord. 2496 § I, 1992.
9.20.037 Right of city to remove - Civil remedy.
Repealed by Ord. 2496 § I, 1992.
9.20.040 Punishment provisions.
A. Police Diversion Program - Community Service with Minimum Hours and Parental Involvement.
In lieu of, or as part of, requesting prosecution of a petition to declare a minor to be a ward of the
court under Welfare and Institutions Code Section 602 (including, but not limited to, offenses
which, in the opinion of the police chief, constitute a violation of this chapter), or in lieu of
prosecuting a violation of this chapter as a crime against an adult, the police chief, with the
approval of (or according to rules and procedures approved by) the city manager, shall be
authorized to offer said minor or adult an option to perform such community service as the police
chief, deems appropriate, but which community service shall, if offered at aH, contain the
foHowing minimum elements:
1. The minor shaH perform at least 30 hours of community service.
2. At least one of the custodial parents or, if none, guardians shall be in attendance at least 50 .
percent ofthe period of assigned community service.
3. The entire period of community service shall be performed under the supervision of a
community service provider approved by the chief of police.
4. Reasonable effort shaH be made to assign the subject minor or adult to a type of community
service that is reasonably expected to have the most rehabilitative effect on the minor or
adult. To the eJlteat that the eff-eflse giYÌftg.rise te the offer of ee:æmlmity serlÌee eeHsti{ates
11-8
.__ ...w.__.___m.'__ --,_._..~._._._,~------~_._~_.._-_...._...._-,-.._-
Graffiti Ordinance Ordinance No.
-
Page 4
a violation of this ehapter, reasonable effort ÐRaJl be made by tRe ornef of ]3slioe :0 assign tr.e
minor to oommurnt)' serviee wrneh oonotitntes in signiíìeant ]3art the removal of gJ'afíìti.
B. Mandatory Juvenile Delinquent Community Service. Any minor determined to be a ward of the
court under Welfare and Institutions Code Section 602 as a result of committing an offense in the
city sha1l be required, at the city's option, to perform community service, inehlding graffiti
removal serviee of not loss thaa 30 hours nor more than 80 hours.
C. Penalties for Violation. Any and all violations of this chapter shall be punishable either as an
infraction or a misdemeanor, at the discretion of the city attorney. Violations ofCVMC ~ 9.20.055
(A)(2) ("Failure to remove Graffiti Unlawful") are also punishable bv the imposition of an
administrative fine or penalty, pursuant to Chapters 1.40 and 1.41 of this Code.
9.20.045 Detection provisions.
A. Reward Authority.
1. Pursuant to Section 53069.5 of the Government Code, the city does hereby offer a reward of
$150.00 for information leading to the arrest and conviction of any person for violation of
Penal Code Section 594 by the use of graffiti, not to exceed $300.00 per incident of graffiti.
In the event of multiple contributors of information, the reward amount shall be divided by
the city in the manner it shall deem appropriate. For the purposes of this section, diversion of
the offending violator to a community service program, or a plea bargain to a lesser offense,
shall constitute a conviction.
2. Claims for rewards under this section shall be filed with the city. Each claim shall:
a. Specifica1ly identify the date, location and kind of property damaged or destroyed.
b. Identify by name the person who was convicted, or confessed to the damage or
destruction of the city property.
c. Identify the court in and the date upon which the conviction occurred or the place and
the date of the confession.
3. No claim for a reward shall be a1lowed by the city council unless an authorized
representative of the city investigates and verifies the accuracy of the claim and recommends
that it be allowed.
4. The person committing the graffiti, and if an unemancipated minor then the custodial parent
of said minor, sha1l be liable for reward paid pursuant to this section.
B. ReimbursemeAt of Car Phone .^.ir Time. IRe oity GRall reimburse to m¡ypersoR reportif!g by meaRS
of a mobile or oelh¡]ar pRoRe an aot ef graffiti vandalism or existeflee of graffiti withill the city
limits iR the amoilllt of me direot phoRe oRarges,èxe!usive of talleS, ete., ineurred by said person.
11-9
Graffiti Ordinance Ordinance No.
-
Page 5
9.20.050 Accessibility to graffiti implements.
A. Furnishing to Minors Prohibited. It shall be unlawful for any person, other than a parent or legal
guardian, to sell, exchange, give, loan, or otherwise furnish, or cause to permit to be exchanged,
given, loaned, or otherwise furnished, any felt tip marker, graffiti stick, or graffiti implement to
any person under the age of 18 years without the consent of the parent or other lawfully designated
custodian of the person, which custodial consent shall be given in advance in writing.
B. Wrongful Display for Sale. No person, firm or entity engaged in a commercial enterprise ("seller")
shall display for sale, trade or exchange any graffiti implement except in an area from which the
public shall be securely precluded without employee assistance. Two such acceptable methods for
displaying a graffiti implement for sale shall be by containment in~ (1) a completely enclosed
cabinet or other storage device which shall be permanently affixed to a building or building
structure, and which shall, at all times except during access by authorized representatives, remain
securely locked; or (2) in an enclosed area behind a sales or service counter from which the public
is precluded from entry.
C. Wrongful Storage. No person shall store any graffiti implement except in either~ (1) a completely
enclosed room which shall, at all times except during access or substantial occupancy by the owner
or an authorized adult representative of the owner, remain securely locked; or (2) in a completely
enclosed cabinet or other storage device which shall be permanently affixed to a building or
building structure, and which shall, at all times except during access by the owner or an authorized
adult representative of the owner, remain securely locked. For the purposes of this section, an
owner or authorized representative of the owner shall be deemed to have substantial occupancy of
a room even during short periods of absence if the room is part of a larger structure which is
occupied by the owner.
1. Enforcement Policy on Wrongful Storage Offenses. It shall be the intention of the city to
enforce this provision against the wrongful storage of graffiti implements only when its
violation has caused or contributed to an act of vandalism by a third party.
D. Civil Responsibility for Damages for Wrongful Display or Storage. Any person who displays or
stores a graffiti implement in violation of the provisions of this chapter shall be personally liable
for any and all costs incurred by any party in connection with the removal of graffiti, or the repair
of any property containing graffiti, caused by any person who shall use such graffiti implement in
violation of the provisions of California Penal Code Section 594, and for all attorney's fees and
court costs incurred in connection with the civil prosecution of any claim for damages, not to
exceed $1,500.
9.20.055 Removal provisions.
^ Right of City to Require RelRo"¡¡Ü. (Self Removru). It is unlawful for any perSOR who is the O',','Rer
.....
or ...¡fio has primary respoRsibility for cORtrel of property or who fiasprimary responsiBility f-or the
repair or maiHtenance of property ("responoible. party") to permit property whieh is àefaeed wit!!
graffiti to remain so èefaeed for a period of sevea àa-ys after notiee of same, unless (1) said person
11-10
~-_.._-_..._----_.__...., -_.._"._._.__._-------_._-_._-_.__._.__.._---~_.__. .,
Graffiti Ordinance Ordinance No. -
Page 6
shall demoastmle by a prepoHderanee of evideHce tHat tHey do not Ha'¡e the fiHaflcial or physieal
ability Ie feIT18Ve the defaeiRg graí1iti; or (2) 1IDIess it CaR be demoHGtraled fuat the resf!sasièle
3arty Has aR active program for tHe reæoyal sf graffiti aRd has scaed-~¡Jeà the feæoval oftae graffiti
as part of that program, in 'Nhicfi case it shall be ualawful to permit such pro 3erty defaced w-ith
graffiti to remain defaced for a period of 15 daïs after Rotice of same.
g,A. Declaration of Nuisance.
1. Graffiti as a Nuisance. The existence of graffiti within the city limits of the city is a public
and private nuisance, and may be abated aecordiHg to the provisioRs and procedures herein
cOR!aÌned.or enforced according to the provisions and procedures contained in this chapter or
Title I of the Municipal Code. The Citv shall also have the right to enter and abate graftiti
pursuant to CVMC & 9.20.055 (B) below.
2. Gmf±ìti .\ttractiag Surface aG a Nuisance. The e¡¡isteRce ef aRY surface of a str,¡etme Oil a
pareel of laRd v.chiea has beoo eefaeed with graffiti after reæoyal mere tha¡¡ five times ill 12
months is a public aad f!rivate nuisance, aad may be abated by minor modifications taereto,
or to the immediate [\fea sW'felHJœng same, ae€OrœRg to the proyisioas and pre6eEkffes
hereill €oRtained aG follews: Saie surface or smfaces shull be re<j:uired to be retrofitted, at the
cost of tHe property OWRcr sf said lot, not to eJ(€eed a total cost of $500.00, or at tae cost of
the city at the city's o 3tion, váth sllch features or qualities as may be estaslisaed by the city
as aeeessar¡ to reduce fue attractiveHess of tae surface for graffiti, or EIS aeeessary to permit
more cOIlycaient or eftìcient removal thereof.
C. Right of City to Remeve.
I. Use ef Public FURds. ''!/heaevcr the city becoæes a'\vare, or is netified aaEl determines, that
graftiti is so located oapublic or pri·¡atel,· owaed pro 3erty viewEIBle from. a pablic or quusi
public place 'Nithin the cit)·, the city shall be authorized to use public fllRds for the remeYaJ of
same, or for the pæating or repaif..ng of same, but shall not autllorize or llRElertake to pro'/Ïde
for the paiating or repair of aRY more e¡¡teasiye area thaR that wl1ere the graffiti is lecated,
unless tHe city manuger, or his designee, detenmaes in wntiag th!tt a more extensive area is
reqaireEl to be repænteâ er repæreâ ia order te avoid a¡¡ aesfuetic disfigurement to fue
Ileighborhood or comnmafly, ør unless the resf!oasible party agrees to pay for the costs of
repaintiHg or repairiag the more e¡¡teflsive area.
2. Right of Eatry oa Private Property Provisions.
a. Sec¡¡ring Ow¡¡er ConGeaL Prior to eateri¡¡g upon pri·¡ate property or property owaed 13,'
a publio entity otHer thEla the city, for tHe pHfjJose of remoyal of graffiti, the city saall
attempt to sec~lre the coaseat sf the res 3oasible party, and a release of the city from
liability for private or public property damage.
b. Failure to Obtæa O'lÆer Consent. If a respensibleparty fails to remOYe tae off-cadiRg
graffiti ",ithia tae time Hereia specifi.ed, or if the city sl1all aave requested BoaseHt te
remove or paint over the offeadiag giaffiti aad the respo¡¡sible party shall have retùsed
11-11
Graffiti Ordinance Ordinance No. -
Page 7
eonseat for eatry oa terms aeee]3table to the EÌt)', eonsistent ,....ith the terms of this
seetiof!., the eit)' shall eommeflee aeatemÐnt and eost reeo;-er¡ proeeediflgs for the
remo'lal of the graffiti aecording to the fallowing ]3IOeedure.
e. .\batemeat and Cost Reeovery Proeeediags.
l. Notiee aad Conc.:luct sf Due Proeess Hearing. THe eit)' maaager, or lIis or her
designee, ("Hearing offieer") shall giye aet less tHan ~ 8 hÐW"S' Rotiee, sep.ed iR
the same HlaBIler as samHloas œ a eivil actioR in aseordanee with .:\rtiele 3
(eÐHlffiensing with Seetisa 115.10) of Chapter 'I sf Title .5 ofPa.rt 2 Ðfthe Code
of Ciyil Prosedure (if the OWRer of reeord after diligent search cafIBot be found,
the aotiee may Be served by postiag a eE)py thereof ia a sonspietlous plase upoa
the ]3roperty for a ]3eriod of 10 days and pl.lblieatiaR thereof in a aewspaper of
geaenJd cirsalatioa ]3ublished in the eoooty in wmeIJ. tfle property is loeated,
pursuant to Seetiof! 6062), to the respoflsible party or ]3arties 'Nho are responsible
for the maiffieaallee of a pareel of pro¡¡ert:,' eefltaiaiRg graffiti ("pmperty"), and if
a àiffereF!t persoR is the eWRer of reeørà of the pareel of )anà OR whieh the
mlÌsanse is maintaiF!eà, based OF! the last eq ualized assessment rell or the
su¡¡plern,mtal roll, whieheyer is mere e\HTeF!t, then to said OWRer ("o'llner") also,
of a "due proeess" hearing at ,....hieÈ saià respoflsible part)' aad 8\vaer shall be
eatitleà tE) preÐeat evidefiee 8Ðd argue that Èis or her pfСJerty does Hot eofltain
graflìti. The determiaatioB of the hear'.ng efiieer after the "due pmeess" hearing
shall be final artd Hot appealable. If, after the due proeess aeariflg, regardless of
the atteBdaaee of the responsible party, ovmer, or their respeetive a3e11ts, tae
hearing otÌÌser determinesfu.at tae property eontaias graffiti yiewaele rr81f1 a
pllblie Ðr quasi pub lie plaee, the heafÍRg offieer shall giye '¡!fitten flotiee
("eradicatiofl oràer") that, urness the graffiti is remeyed Ylithin fiye days
thereafter, the EÌty saal1 eater HpOH the property; eause the reHlo'laJ, paiHtiF!g oyer
(iB sLleÈ eolor as shall meet with the approval of the aeæ-iHg offìeer) or sash other
eradieatioH thereof ("eradieatioR effort") as the heariBg otÌÌeer detemìÎnes
apprepriate; and shall provide tae responsible party and O'lffier tiiereafter with an
aceountiag oftae eosts of sueh eradieatioB eff-ort ÐR a "full eost recovery basis."
11. EradieatioH Effort. Not SOOBer than the time speeified in the order of tae Èeæ-ing
offieer, the eit)' maaager, or his desi¡;n.ee, shall implemeF!t the eradieatioR order,
ami sHall provide an aeeountiHg to tae responsible part)', aad as appro]3riate, the
&.\11er, oftha eests thereof ("eradieatioB aeeoUfltiag").
111. Cost HeariHg. If the respoHsi61e party or o',V!1er fails to request a hearing before
the aeæ-iflg omeer OH the eradieatioF! aee0uHtiBg ("cost ReariHg"), or if requested,
and a eost Èeariag is eORducted after e)(tending àHe fJroeess to the respoF!sible
part)' and, as appropriate, the O',','!1er, aad aftcr sHch a cost hearing, the hearing
officer determiBes tftat all or a fJortion of the costs are appr-opriatel)' eÈargeable to
the eradicatien eff-ort, the total amOlmt set forth iB tRe eradicatioH aeCO\lltting, or
such amouBt thereef àetermiF!eà_ as appropriate by the hearing eÍÌÌeer ("assessed
eradieatioB eharges"), saall Be clúe and payaBle BY the respofloiBle ]3arty within 30
11-12
_.w.____ -.---------~ " --...---.---,-- ,-_.~-,--
Graffiti Ordinance Ordinance No.
-
Page 8
days. :\ftj' amount of assessed eraàieatioH charges assessed by the aeariHg officer
,VftiCR is less than the tstall1R1ollilt set forth in the eradicatioH acco~lHtÌJ1.g shadl be
e;[plaiaed by written letter from tae heariag officer to tRe city couneilmembers.
i¥,-- Lien. .A.S to StleR property '""here the responsible paFty is the O'Nfler, if all or any
portion of the assessed eradieation charges remain 1illfJaid after 30 days, pursuant
to the authority created by Jaw, incbdiHg Go';emment Codes Sectio!1. 38773, et
seq., s:lca portioa taereof as saall reRlaia llf!¡Jaid shall eOAsthuto aad is aereby
declared to co!!stitute a lieR SR the property whieh was the subject matter sf the
eradieatioR eff-ort. The àireetor of ¡mblic v.orks shall preseRt a resolutioH oflieR to
tae city emmcil, aRd 1:!j9on passage aHd adoption thereot~ shall cause a certified
copy thereof to be re€Orded with the San Diego County recorder' s oftìee.
2. Failure to remove Graffiti Unlawful. It shall be unlawful for anv person who is the owner or
who has primary responsibility for control of real or personal property or who has primarv
responsibilitY for the repair or maintenance of propertY ("responsible partv") to permit said
propertv to remain defaced with graftìti. visible to the public. for more than forty-eight (48)
hours. A propertv shall be considered no longer defaced when the graffiti is removed or the
defaced area is covered bv paint which is similar in shade and color to the structure or hem
the graffiti resides on. If the graftìti is on glass or some other material. which can be scraped
without damaging the material. the graffiti shall be removed and not painted over. Federal.
state and local entities (besides the City of Chula Vista) mav be considered a responsible
party for purposes of this Chapter.
B. Right of Citv to Remove.
1. Use of Public Funds. Whenever the citv becomes aware. or is notified and determines. that
graftìti is so located on public or privately owned propertY viewable from a public or quasi-
public place within the citv. the citv shall be autllOrized to use public fLmds for the removal of
same. or for the painting or repairing of same. but shall not authorize or undertake to provide
for the painting or rel'air of anv more extensive area than that where the graffiti is located.
lmless the city manager. or his/her designee. determines in writing that a more extensive area
is required to be repainted or repaired in order to avoid all aesthetic disfigurement to the
neighborhood or communi tv.
2. Right of Entrv. If a responsible party fails to remove gratftti within forty-eight (48) hours of
being notified bv the city. the city manager or his/her designee (including an independent
contractor) shall have the right to enter onto the property. paint over or remove said graffiti.
and commence cost recovery proceedings. The decision to institute cost recoverv
proceedings shall be a discretionary action ofthe city manager. or his/her designee.
a. Notice - Method of Service. Before entering onto a person's propertv to abate graftìti.
the city shall notify the responsible partv in writing of its intent to do so. Said notice
shall be served bv anv of the following: personal service upon the responsible partv:
certified mail. postage prepaid. return receiPt requested to the last known address of the
responsible partv; posting or hanging a notice conspicuously on or in front of the main
11-13
Graffiti Ordinance Ordinance No.
Page 9
entrance to the property where the graffiti is located: or pursuant to a previously agreed
upon process of notification (between city and responsible partv) such as facsimile or e-
mail.
b. Notice - When Served. The notice shall be deemed served and the responsible party
"notified" at the time of personal service. the successful deliverv of the certified letter.
twenty-four (24) hours after the notice is posted on the property. or when notice is
delivered pursuant to a previouslv agreed upon notification process. Actual notice shall
cure any defect in the effort to provide constructive notice.
c. Contents of Notice. The notice shall include the municipal code sectioh being violated:
the property address/location where the graffiti has been observed: the daters) and
timers) the graffiti was observed; a description of the corrective action required and
time limit - including the need to use paint which is similar in shade and color to the
structure or item the graffiti is painted on: the consequences of failing to comply.
including the possibility of a lien or special assessment being filed agaÙlst the propertv:
all hearing/appeal rights: the issuing officer or staff member: and the cost the city mav
charge if required to remove the grat1iti ("abatement cost").
d. Securing Owner Consent. Prior to entering onto private property for the purpose of
graffiti removal. the city shall also attempt to secure tlle \'iTitten or oral consent of the
responsible party. which mav be ùlcorporated into the required written notice. The
responsible Partv mav execute and file with the city a consent form that authorizes the
city. without notice. to immediately enter onto the property to paint over any graffiti.
Such consent shall be effèctive indefinitely. until withdra\'ill in writing bv the
responsible party.
e. Graffiti in "Privacy Areas". Unless a warrant or proper consent is secured. the city
shall not remove or paint over graffiti if it is located in an area where the property
owner or occupant has a reasonable expectation of privacv ("privacv area"). Likewise.
the city shall not remove or Paint over graffiti that is not in a 1;>rivacv area if a privacy
area must be entered to abate said graffiti.
f. Pre-Abatement Informal Conference. A responsible partv may request. bv telephone.
in writing. or in person. that an informal confèrence be held before the city enters the
party's propertv to abate graffiti. The request for a conference shall stav the city's
abatement efforts and must be made within forty-eight (48) hours of being served
notice pursuant to CVMC ~ 9.20.055 (B)(2)(a). The conference shall be conducted bv
the citv manager or his/her designee. Tile purpose of the confèrence shall be to
determine the proprietv of the citv's impending abatement action. A decision on the
validitv of that action shall be made and communicated to the responsible partv before
the end of the conference (unless a continuance is necessary). If determined to be valid.
the city mav abate the offènding graffiti fortv-eight (48) hours after the decision. The
hearing described in this subsection is not a substitute for the cost hearing found in
CVMC ~ 9.20.055 (C).
11-14
---.-,-- ..... _.._..__ ___" __._~___ _ .._______ _ _, ..._ ·_'U_"_~.··'___'_.
Graffiti Ordinance Ordinance No. -
Page 10
3. Cost of Removal. The cost of removal shall be calculated pursuant to a formula established
bv the city council and included in the citv's master ±èe schedule (e.g" a flat ±èe plus an
amount per square foot painted). Said fee mav include city direct and indirect overhead costs.
After the citv abates graffiti pursuant to CVMC & 9.20.055 (B)(2) above, the city mav
invoice the responsible party for the costs involved. The costs shall not exceed the amount
stated in the notice - see CVMC Ii 9.20.055 (B)(2)(c). The invoice mav be served in the
same manner specified in CVMC Ii 9.20.055 (ß)(2)(a).
C. Cost Hearings. If the city decides to charge a responsible partv for the abatement of graftiti on
his/her property, the responsible party mav appeal the city's e±Tort to collect abatement cost within
ten calendar davs of the abatement (or 30 calendar davs for out-of-state residents).
1. Initial Review. Within ten calendar davs of receiving an invoice for the abatement costs (or
30 calendar days for out-of-sate residents), the responsible partv may request. in writing, an
initial review of the decision to collect abatement costs. Failure to request an initial review
shall constitute a waiver of anv appeal rights and allow collection of the abatement costs.
There shall be no charge for an initial review. If, following the initial review, the city is
satisfied that the property did not contain visible graffiti. tlle cost of the removal was
excessive. or that extenuating circumstances make collection of the abatement cost uniust.
the city manager or his/her designee shall suspend the city's effort to collect such monies.
2. Administrative Hearing. If the responsible partv is dissatisfied with the results of the initial
review. that person mav request. in writing. an administrative hearing to challenge the
collection of abatement costs no later than IS calendar davs following the mailing
(postmarked date) of the results of the city's initial review.
a. The person requesting an administrative hearing shall deposit an appeal fee of $25 and
the amount of the abatement cost, UP to $1.000, with the citv before a hearing will be
· scheduled. The city shall provide a written procedure to allow a person to request an
administrative hearing without payment of the appeal fee and abatement costs upon
satisfactory proof of an inability to pay the amount due. The standards and forms used
to make such a determination shall be substantiallv similar to those required of litigants
initiating court proceedings in forma pauperis pursuant to Section 68511.3 of the
Government Code.
b. Failure to request a hearing or pay the appeal ±èe and deposit within 15 calendar days
shall be considered a waiver of all appeal rights.
c. An administrative hearing shall be held within 90 calendar days following the receipt of
· a request for an administrative hearing.
d. The hearing shall be conducted pursuant to Sections 1.40.020 (ß) through (l) and
1.40.070 of the CYMe. The hearing shall provide an independent, objective, fair, and
impartial review of contested abatement costs.
11-15
·
Graffiti Ordinance Ordinance No.
-
Page 11
e. The citv manager shall appoint or contract with a qua1itied hearing examiner who is not
an emplovee of the city. Examiners shall dernonstrate those qualiíications, training, and
obiectivitv necessary to conduct a fair and impartial review. but are not required to have
a jaw degree. Examiners shall be knowledgeable in the applicable laws and
regulations. the citv's graffiti abatement program and procedures. due process,
evaluation of evidence. hearing procedures. and eíJective oral and written
communication.
f. The city staff who noticed the responsible partv of the graffiti on his/her propertv shall
not be required to participate in an administrati ve hearing. The city shall not be required
to produce anv evidence other than: (a) proof of propertv ownership/occupancv: (b) a
probative photograph of the notice posted on the responsible party's propertv; ( c) a
probative photograph of the grafiiti which was abated; (d) a probative photograph of
the graffiti after being painting over or removed: and ( e) an abatement cost based on the
method and amount approved pursuant to CVMC 9.20.055 (C)(3). The documentation
in proper form shall be prima facie evidence that proper notice was given and the
abatement costs are accurate.
" Within 10 calendar days after the hearing has concluded. the hearing examiner shall
-
render a decision. The hearing examiner mav determine that all or a portion of the
costs are appropriate I y chargeable to the graffiti eradication effort. The contestant shall
be advised that he/she has 90 days. pursuant to tlle Code of Civil Procedure Section
1094.6. from the date of the decision in which to file for a writ of mandamus or other
applicable iudicial review. If the examiner reduces the amOlillt of the abatement cost,
the appeal fee and the cost reduction (if deposited) shall be reimbursed to the
contestant.
h. The abatement costs shall be due and pavable within 30 davs after the responsible partv
has waived his/her appeals rights or within 30 davs after a hearing examiners final
decision is mailed.
1. If all or anv portion of the abatement costs remains tmpaid after the applicable due date
has passed. pursuant to the authoritv created bv law, including Government Codes
Section 38773, et seq" such portion thereof mav be collected as a personal obligation.
lien, or special assessment pursuant to CVMC Section 1.41.160.
;hD. Ease of Removal Provisions.
al. Common Utility Colors and Paint Type. Any gas, telephone, water, sewer, cable, telephone
and other utility operating in the city, other than an electric utility, shall paint their above-
surface metal fixtures with a uniform paint type and color which meets with the approval of
the city manager. Utilitv boxes which are part of a beautification program ( e.g" utilitv box
artwork project) shall be exempt from this requirement.
Ð~. Conditional Encroachment Permits. All ~ncroachment permits issued by the city shall,
among such other things, be conditioned on: (I) theperm.ittee shall lipply an a.flti graffiti
11-16
_ ...______.~._____._. _._.___...__.________.__.."."._.~_"_,___,___u._._"_.______
Graffiti Ordinance Ordinance No. -
Page 12
material to the e¡¡croachi¡¡g object sf a type am! ¡¡attire That is aeceptaèle to the city mlìHager,
or his or her desigaee; (2) the immediate removal by the permittee of any graffiti; ~ill the
right of the city to remove graffiti or to paint the encroaching object; f4:ìQ2 providing the city
with sufficient matching paint and/or anti-graffiti material on demand for use in the painting
of the encroaching object containing graffiti: and (4) the ability of the city to recover graffiti
abatement costs after providing adequate notice and the opportmùtv for a hearing.
e,l. Conditional Tentative Maps. In approving tentative or parcel maps, conditional use permits,
variances, or other similar land use entitlements, the city shall consider imposing any or all of
the following conditions, or other similar or related conditions, at the public hearing required
by law for approval of the tentative map, conditional use permit, variance or other similar
land use entitlement:
1. Use of l\¡¡ti Grafíìti Material. Developer shall apply llfll1nti graffiti material of a
type lUld aatare that is acceptable to the city maaager, er lÜs er Rer desigaee, to
sueR of the ptlblicly viewable surfaces eH the imprø','ements to be constructed on
the site deemed by the city ßllìHger, or desigaee, to be lil:ely to attract é,'!'aftiti
("graffiti attracting surfaces");
Hª. Right of Access to Remove Graffiti. Developer shall grant, prior to resale of any of the
parcels which are within the territory of said map, the right of entry over and access to
such parcels, upon 48 hours' posting of notice, by authorized city employees or agents,
to the city for the purpose of removing or "painting over" graffiti from graffiti-
attracting surfaces previously designated by the director, and the right to remove such
graffiti; and
H±Q. Supply City with Graffiti Removal Material. Developer shall, for a period of two years
after the resale of their fmallot, provide the city with sufficient matching paint and/or
anti-graffiti material on demand for use in the painting over or removal of designated
graffiti-attracting surfaces.
Wf· Owner to Immediately Remove Graffiti. Developer shall, either as part of the
conditions, covenants and restrictions, or as separate covenants recorded against
individual lots, prior to resale of same, covenant, which covenant shall run with the
land and be for the benefit of the city, in a form satisfactory to the city, that the owner
of the lots shall immediately remove any graffiti placed thereon.
9.20.060 Prevention provisions.
A. Design of New Graffiti-Attracting Surfaces. Any applicant for design review approval, conditional
use permit, special use permit, unclassified use permit, development agreement, or other form of
development or building permit shall, to the extent deemed feasible by the city manager, or his or
her designee, have designed any building structures visible from any public or quasi-public place
in such a manner as to consider prevention of graffiti, including, but not limited to, the following: ~
(l)\loe of a protective coatiBg te ]3fØvide for the "ef!-octive and eKpeditioHs removal ef graffiti; (2)
11-17
Graffiti Ordinance Ordinance No.
Page 13
use of additional lighting; ~ill use of nonsolid fencing; (4jQ} use of landscaping designed to
cover large expansive walls such as ivy or similar clinging vegetation; and (-Bill use of
architectural design to break up long continuous walls or solid areas.
B. Retrofit Existing Graffiti-Attracting Surfaces NonresiderJtial Structures. This IRa)' be
incorporated in the eradication order dariflg an abatcment hearing.. The follo\V'ing preventative
measures mav be ordered after providing adequate notice and the opportunity for a Chapter 1.30
abatement hearing. No graffiti need currentlv reside on the property before instituting such a
proceeding, The Citv must simply show that the surtàce of a structure has been detàced more than
four times in six months and that the proposed retrofit is necessarv and reasonable.
1. At Owner's Expense. Any surface of a structure on a parcel of land placed ill any laRd use
other tÌ!an residential which has been defaced with graffiti more than f:t¥efour times in Hsix
months, or the immediate area surrounding said surface, shall be required to be retrofitted, at
the cost of the property owner of said lot, with such features or qualities as may be
established by the city as necessary to reduce the attractiveness of the surface for graffiti, or
as necessary to permit more convenient or efficient removal thereof. In exercising the
authority hereunder, the city may not impose a cost on the property owner greater than
$750.00. three times the CGs! of GRe year's e¡(pease to the property OWRcr of graftìti remoyal.
2. At City's Cost. The owner of property on which is located a surface of a structure otfler tflan
residential which has been defaced with graffiti more than f:t¥efour times in Hsix months, or
the immediate area surrounding said surface, shall permit the city to enter upon and make
such modifications thereto, at city's cost, which modifications shall include such features or
qualities as may be established by the city as necessary to reduce the attractiveness of the
surface for graffiti, or as necessary to permit more convenient or efficient removal thereof.
9.20.065 Parental involvement provisions.
A-----Parental Civil Liability. Any parent or other legal guardian who consents to, permits, or otherwise
knowingly allows her or his child under the age of 18 to possess a graffiti implement shall be personally
liable for any and all costs to any person (including public entities) incurred in connection with the
removal of graffiti caused by said child, or by said graffiti implement, and for all attorney's fees and
court costs incurred in connection with the civil prosecution of any claim for damages.
9.20.070 Severability.
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held to be
invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this chapter. The city council declares that it would have
adopted each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that
anyone or more sections, subsections, clauses, phrases or portions be declared invalid or
unconstitutional.
11-18
" - ._.o.._..O^_... .._ _ _ __.__._.._..,,_.________~~
Graffiti Ordinance Ordinance No. -
Page 14
SECTION II. This Ordinance shall take effect and be in full force and effect on the thirtieth day from
and after its adoption.
Presented by Approved as to form by
Da......- I . I-t-c- -
Dave Byers Ann Moore
Director of Public Works Operations City Attorney
11-19
RESOLUTION NO. 2005-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE MASTER FEE SCHEDULE
AND ESTABLISHING A NEW GRAFFITI REMOVAL FEE
WHEREAS, graffiti is inimical and destructive of the rights and values of private
property owners as well as the total community; and
WHEREAS, prolonged visibility due to the sheer volume, scale and complexity of the
graffiti, and placement of the graffiti in hard-to-reach places, enhances the graffiti creator's
satisfaction; and
WHEREAS, the swift removal or painting over of graffiti in combination with criminal
prosecution of the persons who cause it is the most effective way of combating this very serious
problem.
WHEREAS, Staff analyzed the way the City currently fights graffiti and proposed
changes in City laws and procedures, such as: reducing the amount of time within which citizens
must remove graffiti and allowing the City to enter onto property to remove graffiti in a timelier
manner; and
WHEREAS, to recover some of the City's cost when it performs graffiti abatement, Staff
recommends amending the City's Master Fee Schedule by establishing a new graffiti removal
fee of$76 (flat fee) plus an $0.80 per square foot charge for painting over graffiti and a $1.62 per
square foot charge to remove graffiti by water blasting; and
WHEREAS, the proposed fees are based upon (but do not necessarily cover the entire
amount) of the City's costs, such as employee travel time, setup, cleanup, equipment cost and
maintenance.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby amend the City's Master Fee Schedule by establishing a new graffiti removal
fee of$76 (flat fee) plus an $0.80 per square foot charge for painting over graffiti and a $1.62 per
square foot charge to rernove graffiti by other means, such as water blasting.
Presented by Approved as to form by
.s:>o _ '7. ~
Dave Byers Ann Moore
Director of Public Works Operations City Attorney
J:\attorneylreso\finance\MFS - Graffiti removal
11-20
_..__._,.,----,~_...._.._--_..-_.__._--,----_.- --._--~..__._"
RESOLUTION NO. 2005-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FY 04-05 PUBLIC WORKS
OPERATIONS BUDGET BY APPROPRIATING $44,534 FROM
THE AVAILABLE BALANCE OF THE GENERAL FUND AND
APPROPRIATING $26,500 FROM THE AVAILABLE
BALANCE OF THE CORPORATION YARD DIF FUND AND
APPROVING ADDITIONAL STAFF FOR PUBLIC WORKS
OPERATIONS TO IMPLEMENT A NEW GRAFFITI
ABATEMENT PROGRAM
WHEREAS, graffiti is inimical and destructive of the rights and values of private
property owners as well as the total community; and
WHEREAS, prolonged visibility due to the sheer volume, scale and complexity of the
graffiti, and placement of the graffiti in hard-to-reach places, enhances the graffiti creator's
satisfaction; and
WHEREAS, the swift removal or painting over of graffiti in cornbination with criminal
prosecution of the persons who cause it is the most effective way of cornbating this very serious
problem.
WHEREAS, Staff analyzed the way the City currently fights graffiti and proposed
numerous changes in City laws and procedures, including adding staff and consolidating graffiti
abatement efforts under the Public Works Department; and
WHEREAS, to effectuate these changes, additional staff and monies need to be approved
and appropriated.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby amend the FY 04-05 Personnel Services budget for Public Works Operations
by appropriating $44,534 from the available balance of the General Fund.
BE IT FURTHER RESOLVED that City Council approves the addition of one (1) Senior
Maintenance Worker, one (1) Maintenance Worker II1I and one (1) Senior Public Works
Specialist, effective April 1, 2005.
BE IT FURTHER RESOLVED that the FY 04-05 Corporation Yard DIF budget shall be
amended by appropriating $26,500 from the available balance of the Corporation Yard DIF fund
for the purchase of a program-related truck and computers for Public Works Operations.
Presented by Approved as to form by
~(. ~
Dave Byers Ann Moore
Director of Public Works Operations City Attorney
J:\attorneylresolfinanceIMFS - Graffiti removal
11-21
- - -.~.- --- -- ---'--~-.__.- - -------_.--._-------~-,._----_._..__._.__..._-