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Home My WebLink About2007/04/17 Agenda Packet I declare 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 aCCordjn~ ~ ~ Brown Act reqUIrements. ~ ~ slgned~ ~~; CIlY OF CHULA VISTA Cheryl Cox, Mayor Rudy Ramirez, Councilmember Jim Thomson, Interim City Manager John McCann, Councilmember Ann Moore, City Attorney Jerry R. Rindone, Council member Susan Bigelow, City Clerk Steve Castaneda, Councilmember April 17, 2007 6:00 P.M. Council Chambers City Hall 276 Fourth Avenue CALL TO ORDER ROLL CALL: Councilmembers Castaneda, McCann, Ramirez, Rindone, and Mayor Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATHS OF OFFICE Terry Jensen, Veterans Advisory Commission . PRESENTATION BY MAYOR COX OF A PROCLAMATION DECLARING TUESDAY, APRIL 17, 2007 AS LAW ENFORCEMENT POLICE RESERVE AND MOUNTED OFFICER DAY IN THE CITY OF CHULA VISTA CONSENT CALENDAR (Items I through 9) 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 immediately following the Consent Calendar. 1. APPROVAL OF MINUTES of the Special Meetings of March 8 and March 22, 2007, and the Regular Meetings of March 13 and 20, 2007. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS A. Memorandum from Councilmember Castaneda requesting an excused absence from the Adjourned Regular Meeting of AprilS, 2007. Staff recommendation: Council excuse the absence. B. Letter of resignation from JeffJustus, member of the Design Review Committee. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with Maddy Act requirements. 3. There was no item 3. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING VARIOUS DONATIONS IN THE AMOUNT OF $2,453 TO THE ANIMAL CARE FACILITY AND APPROPRIATING SAID DONATED FUNDS (4/5THS VOTE REQUIRED) The Animal Care Facility has received various donations in the amount of $2,453 from various donors from November 2006 thru February 2007. The donations will be used to purchase medical and laboratory supplies as needed to provide veterinary care. (General Services Director) Staff recommendation: Council adopt the resolution. 5. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE DISADVANTAGED BUSINESS ENTERPRISE PROGRAM FOR THE PERIOD OF OCTOBER 1, 2005 THROUGH SEPTEMBER 30, 2006 FOR PROJECTS OF THE CITY OF CHULA VISTA THAT UTILIZE FEDERAL HIGHWAY ADMINISTRATION FUNDS B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE DISADVANTAGED BUSINESS ENTERPRISE PROGRAM FOR THE PERIOD OF OCTOBER 1, 2006 THROUGH SEPTEMBER 30, 2007 FOR PROJECTS OF THE CITY OF CHULA VISTA THAT UTILIZE FEDERAL HIGHWAY ADMINISTRATION FUNDS All local agencies receiving federally assisted funds from the Federal Highway Administration are required to submit a Disadvantaged Business Enterprise Program. The Program is designed to allow contractors/consultants owned and controlled by minorities, women and other socially and economically disadvantaged persons to have the opportunity to bid and work on projects funded by the Federal Highway Administration. (General Services Director) Staffrecommendation: Council adopt the resolutions. Page 2 - Council Agenda htto://www.cqulavistaca.lIov April!7, 2007 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $7,500 FROM THE FIT FOR LIFE GRANT AND APPROPRIATING $3,750 TO THE FISCAL YEAR 2007 LIBRARY DEPARTMENT BUDGET (4/5THS VOTE REQUIRED) The Library recently received a one-time grant award from MetLife Foundation and Libraries for the Future in the amount of$7,500, which will be used to develop a program called "Seek & Be Fit", a community-wide effort that encourages dialogue and action among teens and families on the issues of juvenile obesity, nutrition, and fitness. Only $3,750 will be appropriated for fiscal year 2007 and the remainder will be included in the Fiscal Year 2008 budget. (Assistant City Manager/Library Director) Staff recommendation: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE POLICE DEPARTMENT'S PARTICIPATION IN THE STATE OF CALIFORNIA'S CORRECTIONS STANDARD AUTHORITY "STANDARDS AND TRAINING FOR CORRECTIONS" PROGRAM Adoption of the resolution authorizes the Police Department to participate in the State of California, Standards and Training for Corrections program. (Police Chief) Staff recommendation: Council adopt the resolution. 8. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2007 POLICE DEPARTMENT PERSONNEL SERVICE BUDGET TO ADD UNCLASSIFIED POSITIONS, AND APPROPRIATING FUNDS THEREFORE BASED UPON UNANTICIPATED REVENUES (4/5THS VOTE REQUIRED) B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS (FIRST READING) (4/5THS VOTE REQUIRED) The California Border Alliance Group (CBAG) is requesting the addition of two new positions, CBAG Microcomputer Specialist and CBAG Lead Programmer Analyst, and the addition of an additional CBAG Program Manager. All positions will be fully funded through the Southwest High Intensity Drug Trafficking Area with an additional 3% administrative fee paid to the City for the payroll and benefits administration. (Police Chief) Staff recommendation: Council adopt the resolution and place the ordinance on first reading. 9. A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 17 OF THE CHULA VISTA MUNICIPAL CODE BY AMENDING SECTIONS 17.24.040 THROUGH 17.24.050, AND ADDING SECTION 17.24.060 REGARDING NOISY AND DISORDERLY CONDUCT (FIRST READING) Page 3 - Council Agenda htto:/ /www.chulavistaca.eov April 17, 2007 B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 9 OF THE CHULA VISTA MUNICIPAL CODE BY ADDING CHAPTER 9.14, SECTIONS 9.14.010 THROUGH 9.14.070 RELATING TO MAKING IT UNLAWFUL FOR MINORS TO CONSUME ALCOHOLIC BEVERAGES, AND FOR PERSONS TO HOST, PERMIT, OR ALLOW GATHERINGS WHERE MINORS ARE CONSUMING ALCOHOL BEVERAGES (FIRST READING) Loud party calls to the police from citizens have increased steadily as the City has grown. Chula Vista's current municipal code dealing with noisy and disorderly conduct does not provide officers with the necessary tools, citations, and cost recovery, to deal with this growing problem. Additionally, the most frequent sources of alcohol for college students and adolescents include family members, friends, adult purchasers, and parties. Social host liability laws send a clear message that adults have a responsibility in the way they manage their homes or other premises under their control to prevent underage drinking parties and their consequences. Amending Titles 9 and 17 of the Chula Vista Municipal Code by adopting these ordinances will assist the Police Department and City staff with enforcement. Staff recommendation: Council place the ordinances on first reading. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council/Authority on any subject matter within the Council/Authority's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council//Authority from taking action on any issue not included on the agenda, but, if appropriate, the Council/Agency/Authority may schedule the topic for future discussion or refer the matter to staff Comments are limited to three minutes. PUBLIC HEARINGS The following items have been advertised as public hearings as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 10. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER OCCUPIED PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the property tax bills for collection. (Finance Director) Staff recommendation: Council conduct the public hearing, and adopt the following resolution: Page 4 - Council Agenda htto://www.chulavistaca.gov April 17, 2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER OCCUPIED PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION II. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER OCCUPIED PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION Chula Vista Municipal Code Section 8.24 allows delinquent solid waste service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the property tax bills for collection. (Finance Director) Staff recommendation: Council conduct the public hearing, and adopt the following resolution: 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 FOR COLLECTION ACTION ITEMS The Item listed in this section of the agenda will be considered individually by the Council/Authority, and is 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. 12.A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING STAFF TO DEVELOP AND IMPLEMENT CAPITAL IMPROVEMENTS TO ENHANCE PUBLIC HEALTH AND SAFETY AT LAUDERBACH NEIGHBORHOOD PARK, AMENDING THE FISCAL YEAR 2007 CAPITAL IMPROVEMENT PROGRAM, ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT (CIP) "LAUDERBACH PARK IMPROVEMENTS (CIP NO. PR295)", APPROPRIATING STATE RECREATION GRANT FUNDS IN THE AMOUNT OF $114,020 (4/5THS VOTE REQUIRED) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AN INTERPROJECT TRANSFER FROM EXISTING CIP "WESTERN CHULA VISTA INFRASTRUCTURE FINANCING PROGRAM (CIP NO. GGl88)" TO PR295 IN THE AMOUNT OF $285,980 AS NECESSARY TO FULLY FUND THE PROJECT (4/5THS VOTE REQUIRED) Page 5 - Council Agenda httn:llwww.chulavistaca.gov April 17 , 2007 Lauderbach Neighborhood Park was added to the City park system as part of the Montgomery Annexation in 1985. The Boys and Girls Club of Chula Vista leases the recreation building located within the park and uses the field and tot lots for its members. Lauderbach Park is also the meeting place for an active senior citizen group that meets on a weekly basis. As is the case in most City Neighborhood Parks, there is no public restroom. Adoption of the resolution will create a capital improvement project that will add a restroom, fenced area, and security lighting. (Public Works Operations Director) Staff recommendation: Council adopt the resolution. 13. CONSIDERATION OF ACCEPTANCE OF CERTIFICATION OF SUFFICIENCY OF AN INITIATIVE PETITION REGARDING ALLOWABLE BUILDING HEIGHT LIMITS An initiative petition regarding allowable building height limits in certain areas of the City was filed with the City Clerk on February 21, 2007. The required number of valid signatures needed was 8,985 (ten percent of the voters of the City, which was 89,849 according to the Registrar of Voters' official report to the Secretary of State on September 8, 2006). The Registrar of Voters examined the signatures on the petition, and found them to be sufficient. Elections Code Sections 9211 and 9114 require the City Clerk to certify the results of the examination to the City Council. Adoption of the resolution accepts certification of the sufficiency of the petition. (City Clerk) Staff recommendation: Council adopt the following resolution and select option A, B, or C: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE CERTIFICATION OF SUFFICIENCY OF AN INITIATIVE PETITION REGARDING ALLOW ABLE BUILDING HEIGHT LIMITS A. Direct staff to place the ordinance, as proposed by the proponents, without alteration, on a Council agenda for adoption within ten days; or B. Direct staff to prepare a resolution for Council adoption placing the ordinance on the ballot at the next regular municipal election (June 3, 2008); or C. Order a report pursuant to Elections Code Section 9212, to be presented to Council within 30 days [If this option is chosen, when the report is presented to the Council, it shall either adopt the ordinance within ten days or order an election to be held at the next regular municipal election (June 3,2008)]. OTHER BUSINESS 14. CITY MANAGER'S REPORTS Page 6 - Council Agenda htto:/ /www.chulavistaca.l!ov April 17, 2007 15. MAYOR'S REPORTS A. INDEPENDENT FINANCIAL REVIEW OF THE CITY OF CHULA VISTA, BY CONSULTANT ECONOMIC & PLANNING SYSTEMS On February 6, 2007, the City Council approved the selection of Economic & Planning Systems as the consultant to perform an independent financial review of the City of Chula Vista. The financial report is being presented for review and discussion. (Independent Financial Review Council Subcommittee - Mayor Cox and Councilmember Castaneda) 16. COUNCIL COMMENTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M. Brown Act (Government Code 54957. 7). 17. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b)(I) Title: City Manager 18. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6(a) Unrepresented employee: City Manager 19. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PER GOVERNMENT CODE SECTION 54956.9(b) A. Four Cases ADJOURNMENT to the Adjourned Regular Meeting of April 19,2007 at 6:00 p.m. in the Chula Vista Police Department, Community Room, 315 Fourth Avenue, and thence to the Regular Meeting of April 24, 2007 at 6:00 p.m. in the Council Chambers In compliance with the AMERICANS WITH DISABILITIES ACTION The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service request such accommodation at least forty-eight hours in advance for meetings and five days for scheduled services and activities. Please contact the City Clerk for specific information at (619) 691-5041 or Telecommunications Devicesfor the Deaf(TDD} at (619) 585-5655. California Relay Service is also available for the hearing impaired. Page 7 - Council Agenda http://w\VW .chulavistaca. gOY April 17,2007 DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA March 8, 2007 6:00 P.M. A special meeting of the City Council of the City ofChula Vista was called to order at 6:15 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. Mayor Cox announced that Closed Session would not be held. The following items were not discussed, and no action was taken: ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Mayor Cox ABSENT: Councilmembers: None ALSO PRESENT: City Attorney Moore, Senior Deputy City Clerk Peoples CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO SUBDIVISION (b) OF GOVERNMENT CODE SECTION 54956.9 Five cases 2. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b)(l) Title: City Manager 3. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6(a) Unrepresented employee: City Manager At 6:16 p.m., Mayor Cox adjourned the Chula Vista Redevelopment Corporation and Redevelopment Agency to their regular meetings on March 13,2007, at 6:00 p.m. in the Council Chambers. cx~ ~~ Lori Anne Peoples, MMC, ~y Clerk Iff DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA March 22, 2007 6:00 P.M. A special meeting of the City Council of the City of Chula Vista was convened at 9:58 p.m., in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. Mayor Cox announced that Closed Session would not be held. The following items were not discussed, and no action was taken: ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Mayor Cox ABSENT: Councilmembers: None ALSO PRESENT: City Attorney Moore, City Clerk Bigelow, and Deputy City Clerk Bennett PUBLIC COMMENTS There were none. CLOSED SESSIONS I. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b)(1) Title: City Manager 2. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6(a) Unrepresented employee: City Manager At 9:59 p.m., Mayor Cox adjourned the meeting to an adjourned regular meeting on March 26, 2007 at 4:00 p.m. in the Council Chambers. -- Lorraine Bennett, CMC, Deputy City Clerk /~ DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA March 13, 2007 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:01 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann, Ramirez, Rindone (arrived at 6:02 p.m.), and Mayor Cox ABSENT: Councilmembers: None ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, Senior Deputy City Clerk Peoples, and Records Manager Pharis PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATHS OF OFFICE Mary Helvie, Commission on Aging Russ Hall, Growth Management Oversight Commission Nancy Mulcahy, International Friendship Commission Senior Deputy City Clerk Peoples administered the oaths of office to Mary Helvie and Russ Hall, and Deputy Mayor Rindone presented them with certificates of appointment. Ms. Mulcahy was not present, as she was administered her oath of office prior to the meeting. DID YOU KNOW...THE LIBRARY HAS A NEW LOGO? Presented by Jeri Gulbransen. Library Community Relations Manager Gulbransen introduced the new logo for the Library. CONSENT CALENDAR (Items I through 2) 1. RESOLUTION NO. 2007-058, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL CONSULTANT SELECTION PROCESS, APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA, MARION B. BORG ENVIRONMENTAL CONSULTING AND MCMILLIN OTAY RANCH, LLC, FOR MANAGING AND PROCESSING OF THE ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE EASTERN URBAN CENTER (EUC) SECTIONAL PLANNING AREA (SPA) PLAN, AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT IC- -I DRAFT CONSENT CALENDAR (continued) Through December 2006, Marion B. Borg provided professional services for managing and processing multiple sectional planning area (SPA) plans under a two-party contract as an extension of staff. Adoption of the resolution approves a three-party agreement, which supercedes the prior two-party agreement with the City. The consulting services will be dedicated to the Eastern Urban Center SPA plan environmental impact report through the entitlement process. (Planning and Building Director) Staff recommendation: Council adopt the resolution. 2. RESOLUTION NO. 2007-059, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A 120-DA Y EXTENSION TO THE DEFERRAL OF THE PORTION OF THE COMPREHENSIVE GENERAL PLAN UPDATE COMPRISED OF FUTURE VILLAGES 8, 9, 10lUNIVERSITY AREA OF OT A Y RANCH On December 13, 2005, the City Council approved the City's comprehensive General Plan update with the exception of the area comprised of Villages 8, 9 and 10lUniversity area within Otay Ranch. This area was deferred for a period of 120 days and has been deferred three additional times, with a current expiration date of March 14, 2007. Adoption of the resolution extends the deferral period for an additional 120 days to allow staff to work with the two property owners to reach a mutual agreement on a land plan and bring the matter to a satisfactory conclusion. (Planning and Building Director) Staff recommendation: Council adopt the resolution. ACTION: Councilmember Castaneda moved to approve staffs recommendations and offered the Consent Calendar, headings read, texts waived. Councilmember McCann seconded the motion, and it carried 5-0. PUBLIC COMMENTS Neil Patton, son of the late Ben Patton, thanked the Mayor and Council for their dedication of the March 6, 2007 meeting in honor of his father. PUBLIC HEARINGS 3. CONSIDERATION OF THE CITY OF CHULA VISTA 2007-2008 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM, THE HOME INVESTMENT PARTNERSHIP PROGRAM, THE EMERGENCY SHELTER GRANT PROGRAM (ESG), AND THE AMERICAN DREAM DOWN PAYMENT PROGRAM The purpose of the public hearing is to solicit public input on the use of federal grant program funds, as well as to provide the Council with staff funding recommendations. (Acting Community Development Director) Page 2 - Council Minutes httn://www.chulavistaca.!lOV March 13,2007 It:. - 2... DRAFT PUBLIC HEARINGS (continued) 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 Cox opened the public hearing, and Acting Community Development Director Hix introduced the item. Councilmember Castaneda stated that at a recent League of California Cities Conference, he attended a meeting with Steny Hoyer, the House of Representatives Majority Leader, who spoke regarding what is occurring with CDBG funding in the new fiscal budget, making it clear that there could be further cuts. Councilmember Castaneda asked staff and the City's Legislative Analyst to obtain background information on this topic; bring it back to the Council in a week or two for a formal position; and to make sure that our representatives know that the City wants to maintain and increase the level of CDBG funding received for our community. Housing Manager Mills, assisted by Senior Community Development Specialist Davis, presented the staff report and responded to questions. The following persons spoke in support of their organizations and or specific project requests: Tony de los Santos, Chula Vista resident, Family Health Centers of San Diego Maurico Torre, Chula Vista resident, South Bay Community Services Kathryn Lembo, San Diego resident, South Bay Community Services Paul Hernandez and Monica Ruiz, Chula Vista residents, MAAC Project Lisa Kramer, San Diego resident, Charles Cheneweth Foundation Bob White, Chula Vista resident, Chula Vista Veterans Home Support Foundation Daniel Juvan Pulido, Chula Vista resident, Southwestern College Robert Valerio, Chula Vista resident, Southwestern College Diane Branman, Chula Vista resident, Southwestern College Sherilyn Salahudden, Chula Vista resident, Southwestern College Darlene Poisson, Chula Vista resident, Southwestern College Dr. James Johnson, Meals-on-Wheels Greater San Diego Rosemary Johnston, San Diego resident, Interfaith Shelter Network Mary Jo Buettner, Chula Vista resident, Chula Vista Community Collaborative Elizabeth Bacon, San Diego resident, Southwestern College Earl Jentz, Chula Vista resident, Southwest Civic Association, provided a handout, spoke regarding a sidewalk survey his group was conducting, and lobbied for CDBG funds for infrastructure in southwest Chula Vista. Teresa Acerro, Chula Vista resident, Southwest Civic Association, addressed the Council regarding infrastructure needs in southwest Chula Vista and the need to identify additional funding mechanisms. Councilmember Castaneda spoke regarding a conversation with Congressman Bob Filner, who committed support in seeking funding for a southwestern Chula Vista community plan. Page 3 - Council Agenda httn://www.chulavistaca.QOV March 13,2007 /L-3 DRAFT PUBLIC HEARINGS (continued) There being no further members of the public who wished to speak, Mayor Cox closed the public hearing. Councilmember Ramirez asked staff to provide a graphic representation of priorities at the second meeting in April. He asked how funding decisions were made, and Housing Manager Mills explained the process. Mayor Cox asked Ms. Mills to provide Councilmember Ramirez with program overvIew information prior to the April meeting. She then reopened the public hearing. Penny Bollinger, Chula Vista resident, spoke in support of keeping funding for the Castle Park improvement proj ect as apriority. Derrick Dudley, Chula Vista resident, spoke in support of funding for the Castle Park project. Mayor Cox closed the public hearing. Councilmember McCann spoke regarding the need for collaboration among applicants who offer similar services. He also mentioned the prior use of a citizens' committee to review the requests and made recommendations to the Council, suggesting that such a committee be reinstated in the future. Housing Manager Mills stated for the record that CDBG funds could not be used for repair or maintenance projects. Councilmember McCann then stated that a funding mechanism was needed, and revitalization would provide the necessary funds to enhance the community. Councilmember Ramirez asked that additional funding mechanisms for infrastructure needs be explored. He also asked how much redevelopment in the southwest has contributed to infrastructure in that area. Acting Community Development Director Hix responded that development would eventually contribute to tax increment. Interim City Manager Thomson stated that infrastructure would be the topic for the Council workshop scheduled for April 5, 2007. Included will be a citywide infrastructure inventory, including missing sidewalks, curbs, gutters, streets, and various alternative-funding mechanisms. Deputy Mayor Rindone asked that the report be presented in its prior format, with tabs and corresponding numbers, to provide easier access to information during presentations. He also asked that it be prepared on lighter colored paper for easier viewing. He then asked how candidates were selected for the American down payment program and expressed the need to ensure equal opportunities and a fair process. He stated that the three fundamental principles previously established by the Council for distributing CDBG funds were (1) primary service to residents of Chula Vista, (2) to not create a dependency on CDBG funds, and (3) encourage collaboration among requesting organizations. He then confirmed that under the Emergency Shelter Grant category, the Interfaith Shelter Network funds were specifically for use within Chula Vista. He then asked that staff include in the April report the percentage of funding each proposal provide that is exclusively for Chula Vista residents and specific or new services that are needed in the community but not presently provided. Page 4 - Council Minutes http://www .chulavistaca.llOV March 13,2007 Ie - L/ DRAFT PUBLIC HEARINGS (continued) Councilmember Castaneda confirmed that those who spoke in support of the van for Southwestern College had not approached the other cities in the district, and he encouraged them to pursue a collaborative effort. Mayor Cox commended staff for doing an extraordinary job in making sure that the use of Housing and Urban Development funds followed federal regulations. She also suggested that local service groups be considered for providing a community perspective of the applications to the Council. Deputy Mayor Rindone asked that a workshop be held next year to discuss the CDBG guiding principles and provide assistance to staff. OTHER BUSINESS 4. CITY MANAGER'S REPORTS There were none. 5. MAYOR'S REPORTS A. Ratification of appointment of Egbert Oostburg to the Charter Review Commission. ACTION: Councilmember Castaneda moved to appoint Egbert Oostberg to the Charter Review Commission. Councilmember McCann seconded the motion, and it carried 5-0. B. Update from Chargers Relocation Council Subcommittee (Mayor CoxlCouncilmember McCann) Mayor Cox introduced the item, noting that Mark Fabiani, representing the Chargers, had attended the First Friday Breakfast meeting. She then deferred to Councilmember McCann for the update. Councilmember McCann stated that the 12-week study funded by the Chargers to look at stadium sites throughout the City was at the half-way point. Staff met twice with the consultant, Cooper-Robertson, and Charger representative Mark Fabiani. Site criteria were developed, and parcel size, land use compatibility, and infrastructure were looked at. Staff and the team consultant conducted field visits of the various sites, and the consultants provided information on various stadiums and accompanying uses from around the country. One of the guiding principles was to look at something that would be part of the community, not apart from the community. The background information included a review of the environmental issues, multiple species preservation, and topology. Currently, the consultant has narrowed the search to two sites in eastern Chula Vista and two sites in western Chula Vista. The consultant is analyzing the mass transit and other modes of transportation for ease of ingress and egress and community impacts on game day. They have also been looking at parking situations and are doing further detailed analysis on the sites. The final report is due to the Council at the end of April. When the report is concluded, the next steps will be to determine the Chargers' interest in moving forward and to talk to landowners for the designated sites and gauge their interest in moving forward, as well. The Council will then consider the next steps in a public forum in order to gain as much public input as possible. He encouraged members ofthe public to contact him. Page 5 - Council Agenda http://www.chulavistaca.flov March 13,2007 IC-5 DRAFT OTHER BUSINESS (Continued) Mayor Cox clarified for Councilmember Ramirez that the Council subcommittee did not produce minutes. Deputy Mayor Rindone said he understood Mr. Fabiani to say that the Chargers had hoped to get down to one site. He asked Councilmember McCann if that was correct. Councilmember McCann said he understood the comment by Mr. Fabiani to be that they would be lucky to get one viable site. C. Update from South Bay Power Plant Council Subcommittee (Mayor CoxlCouncilmember Castaneda) Mayor Cox introduced the report, stating that the January 18, 2007 joint Council/Port Commission workshop was to discuss plans to have a non-water-cooled replacement plant on the bayfront. At that point, SDG&E indicated it did not require base load power on the bayfront and would not purchase base load power from LS Power. One of the documents in the Council packet was the Megawatt Daily, in which SDG&E corrected its statement, saying it would welcome the participation and applications of LS Power and other generators. Mayor Cox further reported that the Council held a meeting on February 20, 2007 regarding the dismantling of the power plant, which led to a follow-up meeting on March 5, 2007 of the subcommittee, LS Power, SDG&E, Port Commissioner Najera, and Port and City staff. At that meeting, discussion was held on the transition the City was interested in making from bayfront generation to off-bayfront generation; the rationale used was that the air-cooled plant did not require a waterfront location and SDG&E's comment that no replacement power plant would be needed. LS Power indicated that the bayfront location was the best location for a replacement plant and reminded the City of the three conditions to remove RMR (Reliability Must Run) status. SDG&E concurred with LS Power's comment that the bayfront was a good, if not the best, location for a replacement plant. The Port Commissioners subsequently discussed the City's request and reached a conclusion. A copy of the Port District agenda item, and also a letter from SDG&E, were included in the Council packet summarizing the meeting held with LS Power, the Council subcommittee and Port staff. The Port Commissioners' action was to follow the City's leadership and continue to look for a non-bayfront location for replacement generation. The Mayor stated that she had gone to Sacramento to visit the Public Utilities Commission last week; and Councilmember Castaneda and Environmental Services Director Meacham would be going to Sacramento on Friday. They are still working on scheduling a meeting with the independent operators. Finally, the second workshop would be held on Monday, March 26, 2007, at 4:00 p.m. in the Council Chambers. Councilmember Castaneda thanked the Mayor for her report. He said he had intended to attend the Port Commissioners' meeting on his return from the League Conference, but then received word that the Commissioners had acted swiftly and heeded the words of the Council. Mayor Cox thanked Environmental Services Director Meacham for all his assistance. Page 6 - Council Minutes htto ://www.chulavistaca.llov March 13,2007 /c-t:, DRAFT OTHER BUSINESS (Continued) 6. COUNCIL COMMENTS Councilmember Castaneda reported on his attendance at the National League of Cities Conference in Washington D.C.. He also stated that he would join San Diego City Councilmember Ben Husso, a number of representatives from the Regional Energy Office and the Home Depot Foundation, and Michael Meacham and his staff for an inaugural tree planting event. He provided the phone number for ChuIa Vista residents interested in picking up five free shade trees. Councilmember Castaneda then requested assistance with the separation of Council budgets and the new paperwork required. Mayor Cox offered the assistance of Executive Secretary Flores. Councilmember Castaneda asked staff to look at "earth friendly parking incentives" to encourage people to drive fuel-efficient vehicles by allowing them to park at City parking meters at no charge. He also asked staff to provide a full accounting at the April infrastructure workshop on money generated by and put back into the southwest area. Finally, he asked for an accounting of costs of City staff and outside attorneys that were expended on the Jade Bay situation. Councilmember McCann stated he would provide his Chargers relocation subcommittee report to the Councilmembers and public. CLOSED SESSION At 8:44 p.m., Mayor Cox recessed the meeting, and the Council convened in Closed Session at 9:00 p.m.. 7. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO SUBDIVISION (b) OF GOVERNMENT CODE SECTION 54956.9 Two cases Only one case was discussed, and no reportable action was taken on the case. 8. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b)(l) Title: City Manager No reportable action was taken on this item. 9. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6(a) Unrepresented employee: City Manager No reportable action was taken on this item. ADJOURNMENT At 10:50 p.m., Mayor Cox adjourned the meeting to the regular meeting on March 20, 2007 at 6:00 p.m. in the Council Chambers. ('-{? ~ ~ ~ ~~ Anne Peoples, MMC, Senior Duty City Clerk Page 7 - Council Agenda htto://www.chulavistaca.flov March ]3,2007 /c-7 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA March 20, 2007 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:0 I p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Mayor Cox ABSENT: Councilmembers: None ALSO PRESENT: Interim City Manager Thomson, Senior Assistant City Attorney Marshall, City Clerk Bigelow, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATHS OF OFFICE Egbert Oostburg, Charter Review Commission City Clerk Bigelow administered the oath of office to Egbert Oostburg, and Deputy Mayor Rindone presented him with a certificate of appointment. . PRESENTATION BY SCOTT SMITH AND NADINE SILVA FROM FIREMAN'S FUND INSURANCE COMPANY AND BOB MCALISTER OF BARNEY AND BARNEY LLC, OF AN AWARD IN THE AMOUNT OF $12,480 FOR FIREFIGHTING EQUIPMENT TO DEPUTY FIRE CHIEF JIM GEERING Deputy Fire Chief Geering expressed thanks and appreciation on behalf of the Fire Department for the grant funding. Mr. McAlister, representing Bamey and Barney LLC, and Randolph Regner, representing Fireman's Fund Insurance, then presented Chief Geering and Fire personnel with a check in the amount of $12,480. CONSENT CALENDAR (Items I through 4) With reference to Item 4, Deputy Mayor Rindone requested confirmation that Council's approval of the staff recommendation would authorize the Director of Public Works Operations to approve change orders for the project of up to a cap of $294,000. General Services Director Griffin responded affirmatively. Deputy Mayor Rindone then requested that the cap amount being requested for similar projects in the future be indicated in staff reports. / /) -/ CONSENT CALENDAR (Continued) I. RESOLUTION NO. 2007-060, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AN A WARD IN THE AMOUNT OF $12,480, AND APPROPRIATING SAID AWARD FUNDS The Fire Department received an award in the amount of $12,480 from the Fireman's Fund Insurance Company. The award was made to support the Department's fire suppression function and will be used to purchase equipment. (Fire Chief) Staff recommendation: Council adopt the resolution. 2. APPROVAL OF MINUTES of the Regular Meetings of January 23, 2007, February 6, 2007 and February 20, 2007, and the Special Meetings of February 27, 2007 and March 1,2007. Staff recommendation: Council approve the minutes. 3. RESOLUTION NO. 2007-061, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO THE COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) REGARDING THE 1- 80S/OLYMPIC PARKWAY-ORANGE AVENUE INTERCHANGE, AND AUTHORIZING THE MAYOR TO SIGN THE SECOND AMENDMENT The Council approved a cooperative agreement with the California Department of Transportation to make roadway improvements related to the I-80S Interchange at East Orange Avenue/Olympic Parkway within state right-of-way. Adoption of the resolution amends the agreement to modifY the landscape maintenance period from 36 months to 20 months. (City Engineer) Staff recommendation: Council adopt the resolution. 4. A. RESOLUTION NO. 2007-062, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "OT A Y LAKES ROAD SIDEWALK IMPROVEMENTS FROM ALLEN SCHOOL LANE TO SURREY DRIVE AND PAVEMENT REHABILITATION ON OT A Y LAKES ROAD FROM BONITA ROAD TO RIDGEBACK ROAD (STL-286)," PROJECT TO PORTILLO CONCRETE, INC. IN THE AMOUNT OF $1,474,864, AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCIES IN THE PROJECT B. RESOLUTION NO. 2007-063, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING PROPOSITION 42 TRAFFIC CONGESTION RELIEF FUNDS TO THE "OTAY LAKES ROAD SIDEWALK IMPROVEMENTS FROM ALLEN SCHOOL LANE TO SURREY DRIVE AND PAVEMENT REHABILITATION ON OT A Y LAKES ROAD FROM BONITA ROAD TO RIDGEBACK ROAD (STL-286)" PROJECT FROM THE AVAILABLE FUND BALANCE, AND AUTHORIZING INTERPROJECT TRANSFERS FROM EXISTING CAPITAL IMPROVEMENT PROJECTS "CASTLE PARK ELEMENTARY SIDEWALK IMPROVEMENTS (STL-287)" AND "STREET LIGHT INSTALLATION ALONG OTAY LAKES ROAD AND BONITA (TF-286)" TO STL-286 AS NECESSARY TO COMPLETE THE PROJECT Page 2 - Council Minutes httn ://www.chulavistaca.fZov March 20, 2007 //)-.2 CONSENT CALENDAR (Continued) On March 7, 2007, the General Services Director received sealed bids for this project. The project consists of removal and replacement of curbs, gutters, sidewalks, and driveways displaced by differential settling such as tree roots, sidewalk installation, and retaining wall installation along Otay Lakes Road (Allen School Lane to Surrey Drive), and pavement rehabilitation along Otay Lakes Road (Bonita Road to Ridgeback Road). (General Services Director) Staff recommendation: Council adopt the resolution. ACTION: Deputy Mayor Rindone moved to approve staff s recommendations and offered the Consent Calendar, headings read, texts waived. Councilmember McCarm seconded the motion, and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS There were none. ACTION ITEMS 5. CONSIDERATION OF REVISION TO AFFORDABLE HOUSING AGREEMENT TO ALLOW AFFORDABLE UNITS FOR LOW INCOME HOUSEHOLDS AS RENTAL HOUSING, AND CONSIDERATION OF PROVISION OF FINANCIAL ASSISTANCE Since the execution of the existing affordable housing agreement, the master developer has requested that the City consider revising the agreement to allow the affordable units for low-income households as rental housing. Chelsea Investment Corporation (CIC) was selected by the master developer to pursue development of the affordable rental housing and has requested consideration of financial assistance. (Acting Community Development Director) Assistant Director of Community Development Hix and Housing Manager Mills presented the report on the proposed affordable rental units. Mayor Cox and Councilmember Castaneda spoke in support ofthe proposed agreement. Councilmember Ramirez spoke in support of the proposed agreement and expressed his interest in creating a balanced community in line with the Housing Element. He encouraged staff to work with the applicant to explore affordable housing opportunities for the future. Deputy Mayor Rindone indicated his pleasure with the report, which illustrated good steps the City is undertaking by creating established and balanced communities. Page 3 - Council Agenda htto ://www.chulavistaca.2.0V March 20, 2007 /D~3 ACTION ITEMS (Continued) ACTION: Councilmember Castaneda moved to direct staff to bring back the amendment to the affordable housing regulatory agreement and offered Resolution No. 2007- 064, heading read, text waived: RESOLUTION NO. 2007-064, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONDITIONALLY APPROVING FINANCIAL ASSISTANCE, SUBJECT TO FUTURE APPROPRIATION FROM THE HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM IN AN AMOUNT NOT-TO-EXCEED $920,000 TO CHELSEA INVESTMENT CORPORATION FOR THE DEVELOPMENT OF THE PROPOSED 92-UNIT AFFORDABLE RENTAL COMMUNITY, KNOWN AS THE LANDINGS AT WINDING WALK Councilmember Ramirez seconded the motion, and it carried 5-0. OTHER BUSINESS 6. CITY MANAGER'S REPORTS Interim City Manager Thomson announced that the second energy workshop was scheduled for March 26, 2007, at 4:00 p.m., in the Council Chambers. 7. MAYOR'S REPORTS A. ACTION: B. ACTION: C. ACTION: Ratification of the appointment of Ben West to the Board of Appeals and Advisors. Councilmember Castaneda moved to appoint Ben West to the Board of Appeals and Advisors. Deputy Mayor Rindone seconded the motion, and it carried 5-0. Ratification of the appoint of Anna Marie Godinez to the Child Care Commission. Councilmember Castaneda moved to appoint Anna Marie Godinez to the Child Care Commission. Deputy Mayor Rindone seconded the motion, and it carried 5-0. Ratification of the appointment of Ron Kelley to the Charter Review Commission. Councilmember Castaneda moved to appoint Ron Kelley to the Charter Review Commission. Deputy Mayor Rindone seconded the motion, and it carried 5-0. httD://www.chulavistaca.gov /D- i' March 20, 2007 Page 4 - Council Minutes OTHER BUSINESS (Continued) D. Appointment of an ad hoc committee to review the Campaign Contribution Ordinance. Mayor Cox recommended the formation of an ad hoc committee to review the campaign contribution ordinance. She suggested that the committee include one member each from the previous ad hoc committee, the Charter Review Commission and the Board of Ethics. She stated that former Councilmember John Moot, who served on the original ad hoc committee, has agreed to serve, if the Council so desires. She also mentioned that committee meetings would be conducted in public.. Councilmember Ramirez stated that he would like to add boundaries to the ad hoc committee to focus on implementation of the ordinance and limit discussions on increasing campaign contribution limits, allowing others besides individuals to contribute to candidates, or on anything else that would expand the ordinance. ACTION: Deputy Mayor Rindone moved to approve the recommendations of Mayor Cox to appoint former Councilmember John Moot to the proposed ad hoc committee and to direct Interim City Manager Thomson to work with the liaisons to the Charter Review Commission and Board of Ethics to elect a representative. Councilmember Castaneda seconded the motion, and it carried 5-0. 8. COUNCIL COMMENTS Councilmember McCann directed staff to perform a comprehensive review of the City's executive severance policy, flexibility within the severance package, and the City Manager's authority and ability to change the specifics of the severance package. Councilmember Ramirez also asked Interim City Manager Thomson to explore in the future the possibility of conducting a selection process for executives, as opposed to making direct appointments. CLOSED SESSION 9. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO SUBDIVISION (b) OF GOVERNMENT CODE SECTION 54956.9 One case No reportable action was taken on this item. 10. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b)(I) Title: City Manager No reportable action was taken on this item. 11. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6(a) Unrepresented employee: City Manager No reportable action was taken on this item. Page 5 - Council Agenda htto ://www.chulavistaca.!!.ov March 20, 2007 If) -5 ADJOURNMENT At 9:00 p.m., Mayor Cox adjourned the meeting to an adjourned regular meeting on March 22, 2007 at 6:00 p.m. in the Council Chambers, thence to an adjourned regular meeting on March 26, 2007 at 4:00 p.m. in the Council Chambers, and thence to the regular meeting of March 27, 2007 at 6:00 p.m. in the Council Chambers. '" ~ Lorraine Bennett, CMC, Deputy City Clerk Page 6 - Council Minutes http://www.chulavistaca.IWV March 20, 2007 /0-6 Councilmember Steve Castaneda City Of Chula Vista 276 Fourth Avenue Chula Vista, Ca 91910 ellY OF 619.691.5044 - 619.476.5379 Fax CHUlA VISTA MEMO Monday, April 09, 2007 TO: Mayor and City Councilmembers cc: City Manager, City Clerk, City Attorney RE: Councilmember Steve Cas FROM: Absence from Office I request to be excused from the City Council Workshop of April 5, 2007. Thank you. ~-f7 April 4, 2007 Luis Hernandez Planning Department City ofChula Vista Dear Luis Hernandez and DRC Board Members, Thank you for the opportunity to serve the City ofChula Vista in the Capacity of Design Review Board Member for the past 10 months. It has been a great learning experience. 1 have enjoyed working with all of you in the betterment of our community. Unfortunately, 1 must step down from this position due to extenuating personal and family obligations at this time, therefore 1 am submitting my resignation effective the Month of March, 2007. Sincerely, Jeff Justus Design Review Board Member c:( ~ 13 AGENDA ITEM NO.3 was PULLED by staff CITY COUNCIL AGENDA STATEMENT ~f:.. CIIT OF ~- ~-~ (HULA VISTA 4/17/07, Item Lf SUBMITTED BY: RESOLUTION ACCEPTING VARIOUS DONATIONS IN THE AMOUNT OF $2,453 TO THE ANIMAL CARE FACILITY AND APPROPRIATING SAID DONATED FUNDS DIRECTOROFGENERALS~CES~~ INTERIM CITY MANAGER 'J/ 4/5THS VOTE: YES [8] NO 0 ITEM TITLE: REVIEWED BY: BACKGROUND The Animal Care Facility (ACF) has received various donations in the amount of $2,453 from various donors from November 2006 thru February 2007. The donations will be used to purchase medical and laboratory supplies, microchips and cat carriers as needed to provide veterinary care. ENVIRONMENTAL REVIEW Not applicable. RECOMMENDATION Council adopt resolution accepting various donations in the amount of $2,453 to the Animal Care Facility and amend the FY07 General Services, Services & Supplies Animal Care Facility budget to appropriate said donated funds. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The Animal Care Facility has received various donations totaling $2,453. The Animal Care Facility is committed to providing prompt and necessary veterinary care to animals, thus the funds will be used to purchase necessary medical and laboratory supplies, microchips and cat carriers for the Facility. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. FISCAL IMPACT There is no net impact to the General Fund. These purchases will be funded by the acceptance of said donated funds and appropriating it to the FY07 Services & Supplies ACF budget. ATTACHMENTS None. Prepared by: Merce LeClair, Sr. Management Analyst, General Services Dept. J:\General Services\GS Administration\Council Agenda\ACF\FY07\V4"i.c.ttf Donations 110606 thru 022807.doc RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING V ARlOUS DONA TroNS IN THE AMOUNT OF $2,453 TO THE ANIMAL CARE FACILITY AND APPROPRIATING SAID DONATED FUNDS WHEREAS, the Animal Care Facility has received various donations totaling $2,453 from various donors from November 2006 thru February 2007; and WHEREAS, the Animal Care Facility is committed to providing prompt and necessary veterinary care to animals, thus the funds will be used to purchase necessary medical and laboratory supplies, microchips and cat carriers for the Facility. NOW, THEREFORE BE IT RESOLVED that the City Council adopt the resolution accepting various donations in the amount of $2,453 to the Animal Care Facility and amend the FY07 General Services, Services & Supplies Animal Care Facility budget to appropriate said donated funds. Presented by Approved as to form by Jack Griffin Director of General Services J:\Attomey\RESO\FINANCE\Accept various donations to ACF (Winter 2007L04-17.07.doc 4-2 CITY COUNCIL AGENDA STATEMENT :sVj~ CITY OF - CHULA VISTA ITEM TITLE: SUBMITTED BY: REVIEWED BY: 4/17/07, Item~ RESOLUTION ACCEPTING THE DISADVANTAGED BUSINESS ENTERPRISE PROGRAM FOR THE PERIOD OF OCTOBER 1, 2005 THROUGH SEPTEMBER 30, 2006 FOR PROJECTS OF THE CITY OF CHULA VISTA THAT UTILIZE FEDERAL HIGHWAY ADMINISTRATION FUNDS RESOLUTION ACCEPTING THE DISADVANTAGED BUSINESS ENTERPRISE PROGRAM FOR THE PERIOD OF OCTOBER 1, 2006 THROUGH SEPTEMBER 30, 2007 FOR PROJECTS OF THE CITY OF CHULA VISTA THAT UTILIZE FEDERAL HIGHWAY ADMINISTRATION FUNDS DIRECTOR OF GENERAL S~ICES '~;}J.J-. INTERIM CITY MANAGER f! 4/STHS VOTE: YES D NO [g] BACKGROUND All local agencies receiving federally assisted funds from the Federal Highway Administration are required to submit a Disadvantaged Business Enterprise Program. The Disadvantaged Business Enterprise Program is designed to allow contractors/consultants owned and controlled by minorities, women and other socially and economically disadvantaged persons to have the opportunity to bid and work on projects funded by the Federal Highway Administration. ENVIRONMENTAL REVIEW Not applicable. RECOMMENDATION Council approve the resolutions accepting the Disadvantaged Business Enterprise (DBE) Program for the period of October I, 2005 through September 30, 2006 and for the period of October 1, 2006 through September 30, 2007 for City of Chula Vista projects utilizing Federal Highway Administration funding. BOARDS/COMMISSION RECOMMENDATION Not applicable. 5-1 4/1707, Item~ Page 2 of 4 DISCUSSION General On September 21, 2004 City Council approved Resolution No. 2004-301 accepting the Disadvantaged Business Enterprise Program for the period of October 1, 2004 through September 30, 2005. The goals for the program have been revised and some modifications were made to the pro gram itself. The Disadvantaged Business Enterprise (DBE) Program is a Federal program operating under the guidance of the United States Department of Transportation (DOT). A new Federal regulation, Title 49 Code of Federal Regulations, Part 26 (49 CFR 26) that governs the DBE Program became effective March 4, 1999; since then, the City of Chula Vista has complied every year with the DOT's regulations. Caltrans has been entrusted with local agency oversight responsibility for DBE implementation and shall administer the Federal aid highway funds from Federal Highway Administration (FHW A) programs. City staff has worked closely with Caltrans in preparing this program. The overall goal of the DBE Program is to ensure that contractor/consultant businesses owned and controlled by minorities, women and other socially and economically disadvantaged persons have the opportunity to bid and work on projects funded by FHW A. It is the policy of the City of Chula Vista to ensure that DBEs have an equal opportunity to receive and participate on DOT-funded projects. It is the goal of the DBE Program to accomplish the following: 1. Ensure non-discrimination in the award and administration of DOT assisted contracts. 2. Create a level playing field on which DBEs can compete fairly with DOT -assisted contracts. 3. Ensure that their annual overall DBE Participation percentage is narrowly tailored, in accordance with applicable law. 4. Ensure that only firms that fully meet 49 CFR, Part 26 eligibility standards are permitted to participate as DBEs. 5. Help remove barriers to the participation ofDBEs in DOT assisted contracts. 6. Assist the development of firms that can compete successfully in the market place outside the DBE Program. City ofChula Vista DBE Program Annual Anticipation DBE Participation Level (AADPL) As part of the DBE Program, the City of Chula Vista is required to calculate the Annual Anticipation DBE Participation Level (AADPL) in DOT assisted contracts. The AADPL is defmed as a percentage of DBE participation on all Federal aid highway funds expended on 5-2 4/1707, Item~ Page 3 of 4 FHW A assisted contracts in the upcoming fiscal year. The City of Chula Vista's AADPL for 2005/2006 was calculated to be 8.73% and for 2006/2007 was calculated to be 7.60%. The AADPL is a two-step process as described in 49 CFR, Part 26, Section 26.45. Step 1 is to determine a base figure percentage. The base figure was determined by researching the availability of DBEs that are ready, willing and able DBEs in San Diego County from our DBE directory. Using the Census Bureau's County Business Pattern (CBP) database, determine the number of all ready, willing and able businesses available in San Diego County that perform work in the same Standard Industrial Classification (SIC) codes. Divide the number ofDBEs by the number of all businesses to derive a base figure for the relative availability of DBEs in San Diego County. Once a base percentage figure was determined, Step 2 consisted of adjusting the overall goal either up or down based on the availability of DBEs in the local market. Citv of Chula Vista DBE Program Updates Updates to the DBE program include: . Item VI: Luis A. Labrada, Associate Civil Engineer has replaced Sandra Hernandez, Associate Engineer as the DBE Liaison Officer of the City of Chula Vista. · Jack Griffin, Director of General Services has replaced Cliff Swanson, Director of Engineering as the person authorized to approve the Program. The City of Chula Vista has published a Public Notice, announcing the City of Chula Vista's proposed DBE Program and the overall annual goal for the federal FY 2006/2007 contracts assisted by FHW A funds in general circulation media including minority focused media, local trade papers and the Star News. The DBE Program, its proposed goals and the rational for the goals were available for inspection for thirty (30) days and the City accepted comments on the proposed goals for forty-five (45) days from the date of the Public Notice. During the Public Notice period, no comments were made regarding the DBE Program. A Public Notice was not posted for fiscal years 2005/2006 due to no projects constructed in that fiscal year. Title 49 CFR 26 requires the local agencies' governing body approve the DBE Program before funds for Federal-assisted projects can be utilized. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(I) is not applicable to this decision. 5-3 4/1707, Item2- Page 4 of 4 FISCAL IMPACT The costs of managing and maintaining the DBE program will become part of the costs of Federal Highway projects and will be included in reimbursements from FHW A programs. Thus, there is no overall fiscal impact to the City for this program other than the initial staff costs to prepare this policy and to update it each year. ATTACHMENTS DBE Program FY 05/06 DBE Program FY 06/07 Prepared by: Luis A. Labrada, Associate Civil Engineer, General Services M:IGeneral ServiceslGS AdministrationlCouncil AgendaIDBEIDBErev3.doc 5-4 DBE Program FY 05/06 5-5 STATE 01; CALIFORNIA ..fl.S\E$. TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHWARZENEGGER, Governor DEPARTMENT OF TRANSPORTATION DISTRICT 11 LOCAL ASSISTANCE 4050 Taylor Street "'N DIEGO, CA l;l2110 JNE (619) 278-3756 FAX (6191 220-5432 ~' :".-" - . ...' Luis A, Labrada, P,E, DBE Liaison Officer 1 BOO Maxwell Road Chula Vista, CA 92071 f;/Cw>1 Flex your power! Be energy efficient! July 11, 2006 Dear Mr, labrada: Thank you for submitting the City of Chula Vista's Disadvantaged Business Enterprise (DBE) Race Neutral Implementation Agreement Exhibit 9-A and DBE Annual Submittal Exhibit 9-B Forms for the remainder of FY 200512006, Be advised that you will also need to submit Exhibit 9-B for FY06107, along with your methodology for calculating the Annual Anticipated DBE Participation Level (AADPL), as soon as possible so that it can be incorporated into the States AADlP for FY06107, The California Department of. Transport_ation, District 11, has approved your 2005-2006 DBE Race Neutral Implementation Agreement Exhibit 9-A and the DBE Annual Submittal Exhibit 9-B for Federal Fiscal-Year 2005-2006, A copy of the signed .90cuments is included with this letter, Please notify all Project Managers and Resident Engineers to comply with local Assistance procedures relating to the Consultant Selection Process (Exhibit 101 and 10J), as well as the Plans Specifications, and Estimate (PS&E) Checklist requirements (see Exhibit 12-D), . e AADPL participation of 8.73% is accomplished by Race Neutral means, Your prompt payments option 3 for the City's prompt paymentlretainage clause will remain in affect during the 2005-2006 fiscal year for all participants using Federal Highway Administration funds. If you choose to change this option please submit your request with the 2006- 2007 Annual Submittal Form, Local Agencies are still required to submit, Exhibit 15-G to the Local Program coordinator with the construction project award documents, and Exhibit 17 F and 17-0 should be submitted with the final report of expenditure within 1 BO days of project completion, If Consultant Contracts are used on a project seeking Federal reimbursement, Exhibits10-0 needs to be submitted to the District Local Assistance Engineer upon award of the consultant contract (note, this is a new requirement). If you have any questions, please contact Carol D, Jeffries, DBE Coordinator of my staff at 619-220-5406, Sincerely, ~;t. J;A... -, GARY VETTESE District 11 Local Assistance Engineer C: Carol D. Jeffries, DOT District 11 5-6 IrCaltra"--~ im_nrrJ7)P'.~ mnh,1itTl nr:r(').~.~ r.nHfnmia. , , . , . Local Assistance Procedures Manual I1n! . f: 'J - 1 L- _ iJ.-'~'~ ' 1 \ ir< EXHIBIT 9-A Disadvantaged Business Enterprise Race-Neutral Implementation Agreement for Local Agencies COpy Exhibit 9-A Disadvantaged Business Enterprise Race-Neutral Implementation Agreement for Local Agencies DISADVANTAGED BUSINESS ENTERPRlSE RACE-NEUTRAL IMPLEMENTATION AGREEMENT FOR LOCAL AGENCIES LPP 06-01 5-7 Page 9-27 MllV 1 'nn" EXHIBIT 9-A Disadvantaged Business Enterprise Race-Neutral Implementation Agreement for Local Agencies Local Assistance Procedures Manual ')ISADV ANTAGED BUSINESS ENTERPRISE RACE-NEUTRAL IMPLEMENTATION AGREEMENT For the City/County of to as "RECIPIENT." City of Chula Vista , hereinafter referred I DefInition of Terms The terms used in this agreement have the meanings defined in 49 CFR 9 26.5. II OBJECTIVEIPOUCY STATEMENT (~26/1. 26/23) The RECIPIENT intends to receive federal fmancial assistance from the U. S. Department of Transportation (DOT) through the California Department of Transportation (Caltrans), and as a condition of receiving this assistance, the RECIPIENT will sign the California Department of Transportation's Disadvantaged Business Enterprise Implementation Agreement (hereinafter referred to as Agreement). The RECIPIENT agrees to implement the State of California, Department of Transportation Disadvantaged Business Enterprise (DB E) Program Plan (hereinafter referred to as the DBE Program Plan) as it pertains to local agencies. The DBE Program Plan is based on U.S. Depart:ffient of Transportation (DOT), 49 CFR, Part 26 requirements. It is the policy of the RECIPIENT to ensure that DBEs, as defmed in Part 26, have an equal opportunity to receive and participate in D01=-assisted contracts. It is also their policy: . To ensure nondiscrimination in the award and administration of DOT-assisted contracts. . To create a level playing field on which DBE's can compete fairly for DOT-assisted contracts. To ensure that their annual overall DBE participation percentage is narrowly tailored, in accordance with applicable law. . To ensure that only firms that fully meet 49 CFR, Part 26 eligibility standards are permitted to participate as DBEs. . To help remove barriers to the participation ofDBEs in DOT-assisted contracts. . To assist the development of firms that can compete successfully in the market place outside the DBE Program. III Nondiscrimination (~26.7) RECIPIENT will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR, Part 26 on the basis of race, color, sex, or national origin. In administering the local agency components of the DBE Program Plan, the RECIPIENT will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the obj eclives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin. Page 9-28 May 1, 2006 5-8 T "P'P n'<_n1 Local Assistance Procedures Manual EXHIBIT 9-A Disadvantaged Business Enterprise Race-Neutral Implementation Agreement for Local Agencies IV Annual DBE Submittal Form (~26.21) The RECIPIENT will provide to the Caltrans' District Local AsSistance Engineer (DLAE) a completed DBE Annual Submittal Form by June 1 of each year for the following Federal Fiscal Year (FFY). This form includes an Annual Anticipated DBE Participation Level (AADPL), methodology for establishing the AADPL, the name, phone number, and electronic mailing address of the designated DBELO, and the choice of Prompt Pay Provision to be used by the RECIPIENT for the following FFY. V Race-Neutral Means of Meeting the Annual DBE Goal (~26.51) RECIPIENT will assist Caltrans to achieve its Overall Statewide DBE Goal by race neutral means that may include, but are not limited to the following: 1. Advertising solicitations, scheduling bidding periods and opening times, and packaging quantities, specifications, and delivery schedules in ways that facilitate DBE and other small business participation. 2. Providing assistance to DBE and small businesses in overcoming limitations such as inability to obtain bonding or financing (e.g., by such means as simplifying the bonding process, reducing bonding requirements, and provi~g services to help DBEs and other small businesses obtain bonding and fmancing). 3. Providing technical assistance and other services to DBE and small businesses. 4. Providmg information and communication programs on contracting procedures and specific contract opportunities (e.g., ensuring the inclusion ofDBEs and other small businesses on recipient mailing lists of bidders; ensuring the dissemination to bidders on prime contracts of lists of potential subcontractors including DBE' s and small businesses; providing the information in languages other than English, where appropriate). 5. Implementing a supportive services program to develop and improve immediate and long-term business management, record keeping, and fmancial and accounting capability for DBEs and other small businesses. 6. Providing services to help DBEs and other small businesses improve long-term development, increase opportunities to participate in a variety of kinds of work, handle increasingly significant projects, and achieve eventual self-sufficiency. 7. Establishing a program to assist new, start-up firms, particularly in fields in which DBE participation has been historically low. 8. Assisting DBEs and other small businesses to develop their capability to utilize emerging technology and conduct business through electronic media. 9. Implementing or developing a mentor-protege program. LPP 06-01 5-9 Page 9-29 M",,, 1 .,n"", EXHIBIT 9-A Disadvantaged Business Enterprise Race-Neutral Implementation Agreement for Local Agencies Local Assistance Procedures Manual VI Quotas (~26.43) RECIPIENT will not use quotas or set.asides in any way in the administration of the local agency component of the DBE Program Plan. VII DBE Liaison Officer (DBELO) (~26.25) RECIPIENT has designated a DBE Liaison Officer. The DBELO is responsible for implementing the DBE Program Plan, as it pertains to the RECIPIENT, and ensures that the RECIPIENT is fully and properly advised concerning DBE Program Plan matters. There will three City staff dedicated to the implementation ofthe DBELO program. The name, address, telephone number, electronic mail address, and an organization chart displaying the DBELO's position in the organization are found in Attachment _1_ to this Agreement. This information will be updated annually and included on the DBE Annual Submittal Form. The DBELO is responsible for developing, implementing, and monitoring the RECIPIENT's requirements of the DBE Program Plan in coordination with other appropriate officials. Duties and responsibilities include the following: 1. 2. 3. 4. 5. Gathers and reports statistical data and other information as required. Reviews third party contracts and purchase requisitions for compliance with this program. Works with a1I9epartments to determine projected Annual Anticipated DBE Participation Level. Ensures that bid notices and requests for proposals are made available to DBEs in a timely manner. Analyzes DBE participation and identifies ways to encourage participation through race.neutral means. Participates in pre-bid meetings. Advises the CEO/governing body on DBE matters and DBE race-neutral issues. Provides DBEs with information and recommends sources to assist in preparing bids, obtaining bonding and insurance. .,. 7. 8. 9. 10. Plans and participates in DBE training seminars. Provides outreach to DEEs and community organizations to fully advise them of contracting opportunities. Page 9-30 May 1,2006 5-10 T TlTl n~ n.. Local Assistance Procednres Mannal EXHIBIT 9-A Disadvantaged Business Enterprise Race-N eutra! Implementation Agreement for Local Agencies VIII Federal Financial Assistance Agreement Assurance (~26.13) RECIPIENT will sign the following assurance, applicable to and to be included in all DOT -assisted contracts and their administration, as part of the program supplement agreement for each proj ect. The recipient shall not discriminate on the basis ofrace, color, national origin, or sex in the award and performance of any DOT -assisted contract, or in the administration of its DBE Program, or the requirements of 49 CFR Part 26. The recipient shall take all necessary and reasonable steps under 49 CPR, Part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The recipient's DBE Program, as required by 49 CPR, Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). [Note - this language is to be used verbatim, as it is stated in ~26.13(a).] IX DBE Financial Institutions (~26.27) It is the policy of the RECIPIENT to- investigate the full extent of services offered by financial institutions owned and controlled by socially and economically disadvantaged individuals in the community to make reasonable efforts to use .these institutions, and to encourage prime contractors on DOT -assisted contracts to make use of these institutions. Information on the availability of such institutions can be obtained from the DBELO. The Caltrans' Disadvantaged Business Enterprise Program may offer assistance to the DBELO. X Directory (~26.31) RECIPIENT will refer interested persons to the Unified Certification Program DBE directory available from the Caltrans Disadvantaged Business Enterprise Program's website at www.dot.ca.govlhqlbep. XI Required Contract Clauses (~~26.13, 26.29) RECIPIENT ensures that the following clauses or equivalent will be included in each DOT -assisted prime contract: A. CONTRACT ASSURANCE The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CPR, Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as recipient deems appropriate. [Note - This language is to be used verbatim, as is stated in ~26.13(b). See Caltrans Sample Boiler Plate Contract Documents on the Internet at www.dot.ca.govlhq/LocalPrograms under "Publications.'l 5-11 Page 9-31 1\/1"___", "nt'lL LPP 06-01 EXHIBIT 9-A Disadvantaged Business Enterprise Race-Neutral Implementation Agreement for Local Agencies Local Assistance Procedures Manual . PROlVIPT PAYMENT Prompt Proeress Payment to Subcontractors A prime contractor or subcontractor shall pay to any subcontractor not later than 10-days of receipt of each progress payment, in accordance with theprovision in Section 7108.5 of the California Business and Professions Code concerning prompt payment to subcontractors. The 10-days is applicable unless a longer period is agreed to in writing. Any delay or postponement of payment over 30-days may take place only for good cause and with the agency's prior written approvaL Any violation of Section 7108.5 shall subj ect the violating contractor or subcontractor to the penalties, sanctions, and other remedies of that Section. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance, and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors. Prompt Payment of Withheld Funds to Subcontractors The local agency shall include either (1), (2), or (3) of the following provisions [local agency equivalent will need Caltrans approval] in their federal-aid contracts to ensure prompt and full payment of retain age [withheld funds] to subcontractors in compliance with 49 CFR 26.29. 1. No retainage will be-held by the agency from progress payments due to the prime contractor. Prime contractors and subcontractors are prohibited from holding retainage from subcontractors. Any delay or postponement of payment may take place only for good cause and with the agency's prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance, and/or noncompliance by a subcontractor. This clause applies to both DEE and non-DBE subcontractors_ 2. No retainage will be held by the agency from progress payments due the prime contractor. Any retainage kept by the prime contractor or by a subcontractor must be paid in full to the earning subcontractor in 30-ays after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the agency's prior written approvaL Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance, and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors. Page 9-32 May 1, 2006 5-12 T nn ni: n., Local Assistance Procedures Manual EXHIBIT 9-A Disadvantaged Business Enterprise Race-Neutral Implementation Agreement for Local Agencies 3. The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within 30-days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Any delay or postponement of payment may take place only for good cause and with the agency's prior written approval. Any violation of these provisions shall subject the violating prime contractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of: a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance; and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors. XIV Local Assistance Procedures Manual The RECIPIENT will advertise, a ward and administer DOT -assisted contracts in accordance with the most current published Local Assistance Procedures Manual (LAPM). xv Bidders List (~26.1l) The RECIPIENT will create and maintain a bidders list, consisting of information about all DBE and non-DBE firms that bid or quote on its DOT-assisted contracts. The bidders list will include the narne, address, DBE/non- DBE status, age, and annual gross receipts of the firms. XVI Reporting to the DLAE RECIPIENT will promptly submit a copy of the Local Agency Bidder-DBE Information (Exhibit 15-G or Exhibit 10-0 of the LAPM) to the DLAE at the time of execution of consultant or construction contract award. RECIPIENT will promptly submit a copy of the Final Utilization ofDBE participation to the DLAE using Exhibit 17-F of the LAPM immediately upon completion of the contract for each consultant or construction contract. xvn Certification (~26.83(a)) RECIPIENT ensures that only DBE firms currently certified by the California Unified Certification Program will participate as DBEs on DOT-assisted contracts. 5-13 Page 9-33 LPP 06-01 , , ' , EXHIBIT 9-A Disadvantaged Business Enterprise Race-Neutral Implementation Agreement for Local Agencies Local Assistance Procedures Manual :vITI Confidentiality RECIPIENT will safeguard from disclosure to third parties, information'that may reasonably be regarded as confidential business information consistent with federal, state, and local laws, Date: ~V~'- "2." I '2i.X'(., ncy Recipient's Chief -:5",\...^ F (,";I~:" [print Name of Local Agency Recipient's Chief Executive Officer] Phone Number: !.l It - " ,7 - (, 0 ag This California Department of Transportation's Disadvantaged Business Enterprise Program Plan Implementation Agreement is accepted by: ~~1Ilb [lgna e ofDLAE]- Date: 7/(( foe f { (;,.rrr L. VdktL [Print N me ofDLAE] "istribution: (1) Original-DLAE (2) Copy-local agency afl:o- signing by DLAE DBE Race-neutral Implementation Agreement for Local Agencies (05/01106) Page 9-34 Mav 1. 2006 5-14 T nn n~ n, City of Chula Vista Exhibit 9-B Local Agency DBE Annual Submittal Form TO: CALTRANS DISTRICT 11 District Local Assistance Engineer The amount of the Annual Anticipated DBE Participation Level (AADPL) and methodology are presented herein, in accordance with Title 49 of the Code of Federal Regulations, Part 26, and the State of California, Department of Transportation Disadvantaged Business Enterprise (DBE) Program Plan. The City/CountyfRegion of Chnla Vista submits our AADPL information. We have established an AADPL of 8.73 ~/~ beginning on Mav 1. 2006 , and ending on . % for the Federal Fiscal Year SeDtember 30. 2006 Methodology The methodology and Overall Goal for the Federal Fiscal Year on FHW A-assisted contracts is found in Attachments 2. Disadvantaged Business Enterorise Liaison Officer IDBELO) Luis A. Labradao-P.E., Associate Civil Engineer; phone: 619-397-6120; fax: (619) 397-6250; 1800 Maxwell Road, Chula Vista, CA 91911, Email: llabrad~ci.chula-vista.ca.us Prompt Pav See attachment 4 for method use in federal-aid contracts. "SV-L 2-7,2.00 , Date b l~ -,'11 - r, 01)13 Phone Number 7/11/0' I Date May 15, ~006 5-15 Page 9 . . . CllY OF CHULA VISTA ATTACHMENT 1 CITY OF CHULA VISTA ORGANIZATIONAL CHART (FY 05/06) Jack Griffin, Director of General Services Matt Little, Deputy Director Roberto Yano, Senior Civil Engineer ---. ---+ Luis A. Labrada, DBE Liaison Officer, Associate Civil Engineer Greg Tscherch, EEO Officer Associate Civil Engineer Poten San Pedro, Labor Compliance Officer Engineering Technician (N:\EngineerIDESIGNIDBE-DI05-06 ProglDBE RN-06\ATT~&1T I.doc) ---. ---. ATTACHMENT 2 DISADVANTAGED BUSINESS PROGRAM (DBE) FOR U.S. DOT FUNDED PROJECTS FOR THE CITY OF CHULA VISTA GOALS AND METHODOLOGY FY: 05/06 1. The number of available and willing DBE's in the San Diego area was obtained by using CALTRANS' California Uniform Certification Program (UCP) database and the total number of available and willing firms l.ocated in the San Diego County area that was obtained from the 2002 Census Bureau's County Business Pattern Database. 2. Overall Goal For the period of October 1, 2005 to September 30, 2006, the City of Chula Vista expects to begin construction on a Hazard Elimination Project at Fourth Avenue & "K" Street. The scope of work for this project includes the upgrade of traffic signal system by installing new traffic signal standards, mast arms, pedestrian buttons with countdown indicators, left-turn signals, a video defection system, and battery backup power source. In addition, reconstruct the appurtenant sidewalks and pedestrian ramps to comply with current ADA requirements. The federal project number is STPLH 5203 (021). Based on the availability ofDBE's for each type of work (Shown on Attachment 3) for this project, a percentage ofDBE participation was calculated for this project. The DBE Participation Rate for this project is 8.73%. See the Table below. Project Project Name Projected DBE Project No. Amount Award Goals Fourth Avenue & "K" TF-341 Street Traffic Signal $265,000 $23,142 8.73% Installation Totals $265,000 $23,142 8.73% 3. The entire goal of (8.73%) is to be accomplished through race-neutral measures, which includes the established Annual Anticipated DBE Participation Level, for the City of Chula Vista. (N:\EnginecrIDES!GNlDBE.D\05-o6 ProgIDBE RN--06\Chula vista Aol'E'f"",..doc) Page 1 oA- I Hi hway Street & Brid e Construction Other Heavy & Civil-En ineering Canst Electrical Contractors Site Pre aration Contractors Draftin Services Surveyin and Mappin T estin Lab Consultin Service 237310 237990 238210 238910 541340 541370 5413801 5415901 I 2341 23499 23531 23599 54134 54137 54138 541591 1 5-18 EXHlBIT 9-B Local Agency DBE Annua! Submittal Furm Local Assistance Procedures Manual (Attachment) If Prompt Payment of Withheld Funds to Subcontractors Federal regUlation (49 CFR 26.29) requires one of the following three methods be used in federal-aid contracts to ensure prompt and full payment of any retainage kept by the prime contractor or subcontractor to a subcontractor. Please check the box of the method chosen by the local agency to ensure prompt andfull payment of any retainage. o No retainage will be held by the agency from progress payments due to the prime contractor. Prime contractors and subcontractors are prohibited from holding retainage from subcontractors. Any delay or postponement of payment may take place only for good cause and with the agency's pnor written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be ,onstrued to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the.~ontractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance, and/or noncompliance by a subcontractqr. This clause applies to both DBE and non-DBE subcontractors o No retainage will be held by the agency from progress payments due the prime contractor. Any retainage kept by the prime contractor or by a subcontractor must be paid in full to the earning subcontractor in 30- days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the'agency's prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance, and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors. o The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Any delay or postponement of payment may take place only for good cause and with the agency's prior written approvaL Any violation of these provisions shall subject the violating prime contractor to the penalties, sanctions, and other remedies specified in Section 7 I 08.5 of the California Business Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the contractor or subcontractor in the event of: a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors. Page 9-36 May 1,2006 5-19 LPP 06-<l1 /i1f AC.JI.M E1tJ T s:- Exhibit l2-C Rc"\! RACE-NEUTRAL PS&E CERTIFICATION Local Agency Letterhead To: (District Local Assistance Engineer's name) District Local Assistance Engineer Caltrans, Office of Local Assistance (Di$trict Address) (Federal Number) (Project Description) Dear (District Local Assistance Engineer's /lame): With submission of the attached PS&E RACE-NEUTRAL DBE Contract Provisions, and an Addendum if applicable, for the above subject project, I hereby certify that the contract documents, at the time of award, contained the Race-neutral DBE contract provisions provided by the Division of Local Assistance, California Department of Transportation (Caltrans). I understand Caltrans may not be performing a review of the contract provisions at this time but thai all documents relating- to this project are subject to review by the Federal Highway Administration (FHW A) andlor ealtrans in order to verify the inclusion of the Race-neutral DBE contract provisions. I also understand if deficiencies are found in the subsequent review, the following actions will be considered: (1) Where.minor deficiencies are foulld, PS&E certification for future projects may be conditioned or not accepted until the deficiencies ar~ corrected. (2) Where deficiencies are of such magnitude as to create doubt that the policies and objectives ofTitIe 23 of the United States Code (or other applicable federal and State laws) will not be accomplished by the project, federal funding may be withdrawn. >/~c-:; ~ ~ P,~<.J-".. ..t:c.-.I.r.-_ (Signature, Title) . . C./~ at Cc.....A.-.. UilJ-t.... (Local Agency) Professional Registration Number: C 6056cr Expiration Date: 12/0 " Attachment Race-Neutral PS&E Certification (5-1.Q6] 5-20 l'r_.I_.._..1 __11__. 1\"......, .,nn.r:: EXIIIIlIT 1: ' niddcr's List Of Subconfractors (DUE and Non-DUE) LUCill .tlt.:I:lI:>>UI"~'" ... . "............. ~y .. BIDDER'S LIST OF SUBCONTRACTORS (DBE and NON-DBE)- PART 11 The bidder shaUlist all subcontractors (both DBE and non-OBE) who provided a quole or bid but were not selected to oarticiuatc as R suhcontractor on this project. This is required for compliance with Title 49, Section 26 nfthe Code of Federal Regulations. Photocopy Ihis form for additional firms. Firm Name! Phonel Certified by Annual Addressl . Fax Caltrans as Gross i Description of Portion of Work to be Performed City. State, ZIP a DBE? Recei II ts Name Pilollt: DYES 0< $1 million DNO 0< $5 million Address !IrES /I" DOE /I, O<SIOmillion Fax D <Sl5million Clly Stale ZIP Age of Finn (Yrs;) U>Sl5million Name PllolI/: DYES .I=~: fiNO 0 < $5 million AlMan !IrES /ist DOE /I, D<$IOmillion Fax -[)<SISlIlilliun 'tt'IY Slale ZIP Age afFirm (Yrs.) 0> $15 million N I ~ Nallle Pllone DYES O<,SI million nNO ,0 < $5 million . Addreu !IrES list DOE /I: ,lD<SIOmillion Fax U<$15million City Slale ZIP Age of Fim!. (Yrs.) 0> $15 million os~ PJlOtla DYES N'll/ItJ < I mil Ion DNO . U <$5 million tl,JJ,.,lSS IjYES list DnE II: 0<$10 million Fax U<Sl5million CUy Slale ZIP Age of Firm (Yr.s.) 0> $15 million < .'h ~ l\ ~ ~ ~) lI'\ Dhilrlblllion: Local Agency File (Original) rage 12-112 Octoher 7, 2005 Lrr 05-01 DBE Program FY 06/07 5-22 STATE OF CALIFORNIA-llUSINESS. TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHWARZENEGGER. Governor DEPARTMENT OF TRANSPORTATION District 11, MS132 4050 Taylor Street San Diego, CA 92110 PHONE (619) 278-3756 FAX (619) 220-5432 . Flex your power! Be energy efficient! November 24, 2006 John Griffin Director of General Services 1800 Maxwell Road Chula Vista, CA 91911 Dear Mr. Griffm: Our office has received your final adopted Annual Anticipated DBE Participation Level (AADPL) Exhibit 9-B with attached methodology for FY 2006/2007. Reviews have been completed and the contents and elements of the annual overall goal information, meets the requirements of Title 49 CFR Part 26. Your final DBE annual overall goal information is hereby approved for the City of Chula Vista. Your agency's submittal calculates the Annual Anticipated DBE Participation Level (AADPL) of7.60% using race neutral measures for FHW A DOt assisted contracts. Your payment option choice is number 3, covering the period Octob.er 1, 2006 through September 30, 2007. You are reminded that the appropriate 49 CFR part 26 DBE Caltrans boilerplate specifications must be included in the federal contract documents. Please notify all Project Managers and Resident Engineers to comply with the Local Assistance procedure relating to Consultant Selection Process Exhibit (lO-L and 10-J), as well as the Plans, Specifications, and Estimate (PS&E) Checklist requirements (see Exhibit 12-D). Local Agencies are still required to submit Exhibit 15-G to the Local Program coordinator with the project award documents. Exhibits 17-F and 17-0 should be submitted with the final reports of expenditure within 180 days ofproject completion. If Consultant Contracts are used on a project seeing Federal reimbursement, Exhibit 10-0 needs to be submitted to the District Local Assistance Engineer upon award of the consultant contract (Note; this is a new requirement). Further information regarding the DBE program-including the Local Procedure Policy can be found at the Local Programs website. www.dot.ca.govlhq/LocalPrograms. If you have any questions, please contact Carol D. Jeffries, DBE Coordinator of my staff at (619) 220-5406. I would like to thank you and your staff for your diligence and effort in getting this program to the approval stage. Sincerely, ~ Erwin Gojuangco District Local Assistance Engineer C: Carol Jeffries, DBE Coordinator C: Luis Labrada, DBELO-Chula Vista 5-23 Local Assistance Procedures Manual EXHIBIT 9-B DBE Annual Submittal Form Exhibit 9-B Local Agency DBE Annual Submittal Form TO: CAlTRANS DISTRICT _11_ District Local AssistanceEngineer The amount of the Annual Anticipated DBE Participation Level (AADPL) and methodology are presented herein, in accordance with Title 49 of the Code of Federal Regulations, Part 26, and the State of California, Department of Transportation Disadvantaged Business Enterprise (DBE) Progr~ Plan. The City/County/Region of Chula Vista submits our AADPL information. We have established an AADPL of_7 .60 ~ % for the Federal Fiscal Year 06 /_07--,:; beginning on_October I, 2006 - . and ending on_September 30, 2007 ' . Methodology The methodology and Overall Goal for the federal fiscal year on FHW A-assisted contracts is found in Attachment 2. Disadvantaged Business Enterprise Liaison Officer (DBELO) Luis A. Labrada, P.E., Associate Civil Engineer, phone: 619-397-6120; fax: (619) 397-6250; 1800 Maxwell Road, Chula Vista, CA 91911, Email: llabrada@ci.chula-vista.ca.us . . Promot Pav See Attachment 4 for method use in federal-aid contracts. Submitted by: al Agency Recipient's Chief er) '":Sv\" '" G;, <<;...... (Print Name of Local Agency Recipient's Chief Executive Officer) . Reviewed by Caltrans: 11/1'-/" " Date to", :>, "11 bo-ee Phone Number ct Local Assistance Engineer [DLAE]) 1/ / U/Oh f Date Distnbution: (1) Origin.I-DLA.E DBE Annu.1 Submittal Form (05/01/06) (2) Copy~locat agency after signi!1g by DLAf 5-24 Page 9-35 1\,K",,, 1 .,nn~ Tun n.:: (\1 ~u~. -'.' ~. ~-=-=~~ CllY OF. (HULA VISTA ATTACHMENT 1 CITY OF CHULAVISTA ORGANIZATIONAL CHART (FY 06/07) Jack Griffin, Director of General Services Matt Little, Deputy Director Roberto Yano, Senior Civil Engineer --.. ~ Luis A. Labrada, DBE Liaison Officer, Associate Civil Engineer ( Greg Tscherch, EEO Officer Associate Civil Engineer Poten San Pedro, Labor Compliance Officer Engineering Technician 5-25 --.. --.. ATTACHMENT 2 DISADVANTAGED BUSINESS PROGRAM (DBE) FOR U.S. DOT FUNDED'PROJECTS FOR THE CITY OF CHULA VISTA AADPL FY: 06/07 1. The number of available and willing DBE's in the San Diego area was obtained by using CALTRANS' California Uniform Certification Program (UCP) database and the total number of available and willing firms located in the San Diego County area that was obtained from the 2004 Census Bureau's County Business Pattern Database. 2. Overall Goal For the period of October I, 2006 to September 30, 2007, the City of Chula Vista expects to begin construction ono the Palomar Gateway Transit project along Palomar Street and portions of Industrial Bouievardo The scope of work for this project includes the beautification of the Palomar Street Corridor adjacent to the interstate freeway 5 and portions of Industrial Boulevard. The scope of work, but not limited to installation of raised median, street widening, sidewalk replacement, landscaping, traffic signal modification, and streetlights relocation. In addition, reconstruct the appurtenant sidewalks and pedestrian ramps to comply with current ADA requirements. In addition, The City of Chula Vista expects to begin construction on the Harborside Improvement Project along Colorado Avenue and Naples Street, east of Industrial Boulevard. The scope of work of work for this project includes installing pedestrian facilities and upgrading pedestrian facilities at the trolley track crossing, enhance school crosswalk, construct sidewalk gap closure and curb extensions. The federal project number for the Palomar Gateway Project is STL-280 and for the Harborside Improvement Project is TF-347. Based on the availability of DBE's for each type of work (Shown on Attachment 3) for this project, a percentage ofDBE participation was calculated for this project. The DBE Participation Rate for this project is 7.60%. See the Table below. Project Project Name Projected DBE Project No. Amount Award Goals STL-280 Palomar Gateway Transit $2,000,000 $152,000 7.60% Project TF-347 Harborside Improvement $338,800 $25,749 7.60% Project Totals $2,338,800 $177,749 7.60% . 5-26 (N:lEngineer\DESIGN\DBE-DI06-07 Prog'Chula vista A m.do<:) Page" 1 of 2 3. The entire goal of 7.60% is to be accomplished through race-neutral measures, which includes the established Annual Anticipated DBE Participation Level, for the City of Chula Vista. . AADPL: Annual Anticipation DBE Participation Level (N:\EnginmIDESIGNlDBE-Dl06-07 Prog'Chula vista ATI2.d~c) 27 Page 2 of2 Cescrlcnlon Hll'lwa SD'lIlt II Brid I Cllnstl'\lctlon DUll' H.. II Civil En inl' " Canst E1'ctriclICllntnc:tarlJ Sitlt Pr. a,atianCllntl'1ctcrS Orahin SltvielS S "" anclM. in Enlnllri" SlrviclI Tun Lab EnIli'a"~I'Tt1ICcll'l!uIti" Slrvicas Landsc'ISlrvi~ CaNlultl" S.tviCII Natas: l"llomlr GIU'''''I T"ran!it Pra'lct an Pal(lml' S~t and (Irtionlll' Industrial Boullvllrd Olula VIsta Altachmel'lt rr.ri_ :roOen.007 MOPL: Annual Andcltlatlld CBe ~rtlcl IltlO" Levell 5-28 A7TA(f-/l-l€7:'T i/ EXHIBIT 9-B . Local Agency DBE Annua] Submittal Form Local Assistance Procedures Manual (Attachment) Prompt Payment of Withheld Funds to' Subcontractors Federal regulation (49 CFR 26.29) requires one of the following three methods be used in federal-aid contracts to ensure prompt and full payment of any retainage kept by the prime contractor or subcontractor to a subcontractor. Please check the box of the method chosen by the local agency to ensure prompt andjUll payment of any retainage. o No retainage will be held by the agency from progress payments due to the prime contractor. Prime contractors and subcontractors are prohibited from holding retainage from subcontractors. Any delay or postponement of payment may take place only for good cause and with the agency's prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be qonstrued to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the.~ontractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance, and/or noncompliance by a subcontractor3his clause applies to both DBE and non-DBE subcontractors o No retainage will be held by the agency from progress payments due the prime contractor. Any retainage kept by the prime contractor or by a subcontractor must be paid in full to the earning subcontractor in 30- days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the agency's prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance, and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors. " o The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Any delay or postponement of payment may take place only for good cause and with the agency's prior written approval. Any violation of these provisions shall subject the violating prime contractor to the penalties, sanctions, and other remedies specified in Section 71'08.5 of the California Business Professions Code. This requiTement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the contractor or subcontractor in the event of: a dispute involving late payment or nonpayment by the contractor; deficient subcontractor perforniance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors. Page 9-36 'i-,?Q 4-rJAU/"1f'tJj S- Exhibit 12-C Rt'< RACE-NEUTRAL PS&E CERTIFICATION Local Agency Letterhead To: (District Local Assistance Engineer':; name) District Local Assistance Engineer Caltrans, Office of Local Assistance (Di:;trict Address) "(Federal Number) (Project Description ) ". Dear (District Local Assistance Engineer's name): With submission of the attached PS&E RACE-NEUTRAL DBE Contract Provisions, and an Addendum if applicable, for the above subject project, I hereby certify that the contract documents, at the time of award, contained the Race-neutral DBE contract provisions provided by the Division of Local Assistance, " California Departmen! of Transportation (Caltrans). I understand C~lirans may .~ot be performing a review of the contract pro';;sions at this time but that" all documents relating to this project are subject to review by the Federal Highway Administration (FHWA) " and/or Caltrans in order to verify the inclusion of the Race-neutral DBE contract provisions. I also understand if deficiencies are found in the subsequent review, the following actions will be considered: (I) Where minor deficiencies are fou,!d, PS&E certification for future projects may be conditioned or not accepted until the deficiencies ar~ corrected. (2) Where deficiencies are of such magnitude as to create doubt that the policies and objectives of Title 23 of the United States Code (or other applicable federal and State laws) will not be accomplished by the project, federal funding may be \vithdrawn. (Signature, Title) (Local Agency) Professional Registration Number: Expiration Date: Attachment Race.Neulr.l1 PS&E Certitication (5-1.()6) 5-30 EXHlDIT 12-G Bidder's List of Subeontra~tors (DBE IIl1d Non'DBE) Locnl Assistlmce l)l"occtlurcs IVl111lUl11 BIDDER'S LIST OF SUBCONTRACTORS (DBE and NON-DB E)- PART II The bidder .hallli.t all subcontractors (both ODE and non-DBE) who provided a quote or bid bnt were not .elected to participate as n .ubeontrnclor on this projeet. required for compliance with Title 49, Section 26 of the Code of Federal Regulations. Photocopy tbl. form for additional firm.. Thi. is Firm Nnme/ Phone/ Certified by Annunl Address/. Fax Cnltrnns .s Gross ; Description of Portion of Work to be Performed City, Stnte, ZIP . OnE? Rcceipts Name PlIO/Ie. DYES 0<$1 million DNO o <: $5 million AJdrcu 1/ YES list D/JE II: 0< SID million Fax 0<$15 mil!ion , ell)' Sla/~ ZIP Ag~ of Finn (Yu.) 0:> SI5 million NOllie PIIO'I~ DYES o <SI million DNO' o <: $5 million ArMreu If YES /is' DDE II: o <: S 10 mi,lIion en Fax 0<: S15million . C/rj StaIr: ZIP Age of Finn (YIS.) 0:> $15 million . c..> ~ . Nat!.#: PlUJ/fe DYES o <SI million DNO ,q<Umillion Ad,lress IjYES lid DBE N: 'G<SlOmillion Fnx I 0 <SI5 million CIIY Slale lIP Age of Finn (Yrs.) D>Sl5m'iIIion Name PlIO/III DYES o <SI million I FiNO 0<$5 million AJ,/n:ss /fYES IIs1 DBE II: 0< $10 million . . FlU: ~O < 115 million , City Sin's ZIP ^cc of Finn (Yn.) 0> $15 million . . Distribution: Local Agency File (OriCinal) ~ , ~ ~. '\: ~ ~ ..t IT' Page 12-112 October 7, 2005 LPP 05-01 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE DISADVANTAGED BUSINESS ENTERPRISE PROGRAM FOR THE PERIOD OF OCTOBER I, 2005, THROUGH SEPTEMBER 30, 2006, FOR PROJECTS OF THE CITY OF CHULA VISTA THAT UTILIZE FEDERAL HIGHWAY ADMINISTRATION FUNDS WHEREAS, the Disadvantaged Business Enterprise (DBE) Program is designed to allow contractors/consultants owned and controlled by minorities, women and other socially and economically disadvantaged persons to have the opportunity to bid and work on projects funded by the Federal Highway Administration (FHW A); and, WHEREAS, every year, effective March 4, 1999, all local agencies receiving Federally-assisted funds from the FHW A are required to submit a DBE Program per Title 49 Code of Federal Regulations, Part 26 (49 CFR 26); and WHEREAS, Caltrans has been entrusted with local agency oversight responsibility for DBE implementation and shall administer the Federal-aid highway funds from FHW A Programs; and WHEREAS, City staff has worked closely with Caltrans III preparing this program; and WHEREAS, it is the policy of the City of Chula Vista to ensure that DBEs have an equal opportunity to receive and participate on DOT-funded projects; and WHEREAS, the goals for the program have been revised and some modifications were made to the DBE Program itself for the federal fiscal year of 200512006. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept the Disadvantaged Business Enterprise Program for the period of October 1, 2005, through September 30, 2006, for the City of Chula Vista projects utilizing Federal Highway Administration funding in the form set forth in Exhibit "A." BE IT FURTHER RESOLVED that staff is hereby authorized to implement the DBE Program for federal fiscal year 2005/2006. Presented by Approved as to form by ~~~\~~ Ann Moore City Attorney Jack Griffin Director of General Services J:\Attomey\RESO\FINANCE\Accept DBE Program for '05-'06_04-17-07.doc 5-32 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE DISADVANTAGED BUSINESS ENTERPRISE PROGRAM FOR THE PERIOD OF OCTOBER 1,2006, THROUGH SEPTEMBER 30,2007, FOR PROJECTS OF THE CITY OF CHULA VISTA THAT UTILIZE FEDERAL HIGHWAY ADMINISTRATION FUNDS WHEREAS, the Disadvantaged Business Enterprise (DBE) Program is designed to allow contractors/consultants owned and controlled by minorities, women and other socially and economically disadvantaged persons to have the opportunity to bid and work on projects funded by the Federal Highway Administration (FHW A); and, WHEREAS, every year, effective March 4, 1999, all local agencies receiving Federally-assisted funds from the FHW A are required to submit a DBE Program per Title 49 Code of Federal Regulations, Part 26 (49 CFR 26); and WHEREAS, Caltrans has been entrusted with local agency oversight responsibility for DBE implementation and shall administer the Federal-aid highway funds from FHW A Programs; and WHEREAS, City staff has worked closely with Caltrans m prepanng this program; and WHEREAS, it is the policy of the City of Chula Vista to ensure that DBEs have an equal opportunity to receive and participate on DOT-funded projects; and WHEREAS, the goals for the program have been revised and some modifications were made to the DBE Program itself for the federal fiscal year of 2006/2007. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept the Disadvantaged Business Enterprise Program for the period of October I, 2006, through September 30, 2007, for the City of Chula Vista projects utilizing Federal Highway Administration funding in the form set forth in Exhibit "A." BE IT FURTHER RESOLVED that staff is hereby authorized to implement the DBE Program for federal fiscal year 2006/2007. Presented by Approved as to form by Jack Griffin Director of General Services Ann Moore City Attorney J:\Attomey\RESO\FlNANCE\Accept DBE Program for '06.'07_04-17-07 5-33 CITY COUNCIL AGENDA STATEMENT ~\'f:.. CITY OF '~CHULA VISTA 4/17/2007,ltemL SUBMITTED BY: RESOLUTION ACCEPTING $7,500 FROM THE FIT FOR LIFE GRANT AND APPROPRIATING $3,750 TO THE FISCAL YEAR 2007 LIBRARY DEPARTMENT BUDGET DAVID J. PALMER,~TANT CITY MANAGER! LIBRARY DlRECTOR't;7 Ou INTERIM CITY MANAGER f ITEM TITLE: REVIEWED BY: 4/STHS VOTE: YES [!] NO D BACKGROUND The Chula Vista Public Library recently received a one-time grant award from Met Life Foundation and Libraries for the Future in the amount of $7,500 of which only $3,750 will be appropriated for fiscal year 2007 and the remainder will be included in the FY 2008 Budget. RECOMMENDATION That the City Council: . Accept $7,500 from the Fit for Life Grant; and . Appropriate $3,750 to the FY 07 Library Department supplies and services budget based on grant revenue. BOARDS/COMMISSION RECOMMENDATION: N/ A DISCUSSION Childhood obesity is a national epidemic and the primary risk factor for serious health problems that include type 2 diabetes, high blood pressure, and asthma. One in three children in California are overweight, and at least four out of ten are physically unfit. In a 2005 report, the California Center for Public Health Advocacy determined that 25.8% of children in grades 5,7, and 9 living in San Diego County were overweight; in Chula Vista this figure was slightly higher at 28.1%. In March 2005, Chula Vista's South Bay Partnership was selected as one of six community collaborative located in low-income urban and rural areas of California to participate in a four- year $26 million initiative aimed at addressing the obesity problem. Titled Healthy Eats, 6-1 4/l7/07,fiem~ Page 2 of2 Active Communities (HEAC), the initiative targets West Chula Vista. Through the HEAC Initiative, Chula Vista is creating policies and practices that improve the food and physical activity environments for school-age children and adolescents. A key component of HEAC is the development of robust healthy literacy initiatives for teens and families, which is vital to promoting healthy, active lifestyles. As a result of this issue, Chula Vista Public Library applied for the Fit For Life Grant, sponsored by Libraries for the Future and Metropolitan Life. The grant will be used by the Library to develop a program called Seek & Be Fit, a communitywide effort that encourages dialogue and action among teens and families on the issues of juvenile obesity, nutrition, and fitness. The Library, in collaboration with the City of Chula Vista Parks and Recreation Department and other local partners, will host a variety of physical fitness activities and programs including dance, aerobics, yoga, weight training, healthy cooking demonstrations, and more. Chula Vista teens on the City's Youth Advisory Commission and the Library's Teen Council are working with the Library to plan these activities and programs for their peers. Seek & Be Fit activities will be part of the Library's 2007 Summer Reading Program for teens. Last year more than 4,500 teens and children participated in this popular annual reading program. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that there is no possibility that the activity in question may have a significant effect on the environment; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(l) is not applicable to this decision. FISCAL IMPACT The one-time grant award in the amount of $7,500 will be used to implement the Seek & Be Fit program. Approval of this resolution will appropriate $3,750 to the Library Department's fiscal year 2007 budget; the remaining $3,750 will be appropriated with the adoption of the fiscal year 2008 budget. Prepared by: Mariya G. Anton, Senior Management Analyst, Library 6-2 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $7,500 FROM THE FIT FOR LIFE GRANT AND APPROPRIATING $3,750 TO THE FISCAL YEAR 2007 LIBRARY DEPARTMENT BUDGET WHEREAS, the Chula Vista Public Library recently received a one-time grant award from Met Life Foundation and Libraries for the Future in the amount of$7,500, of which only $3,750 will be appropriated for Fiscal Year 2007 and the remainder will be included in the Fiscal Year 2008 budget; and WHEREAS, in a 2005 report, the California Center for Public Health Advocacy determined that 25.8 percent of children in grades 5, 7, and 9 living in San Diego County were overweight; in Chula Vista this figure was slightly higher at 28.1 percent; and WHEREAS, in March 2005, Chula Vista's South Bay Partnership was selected as one of six community collaborative located in low-income urban and rural areas of Cali fomi a to participate in a four-year $26 million initiative aimed at addressing the obesity problem; and WHEREAS, the Healthy Eats, Active Communities (HEAC) initiative targets West Chula Vista; and WHEREAS, through the HEAC Initiative, Chula Vista is creating policies and practices that improve the food and physical activity environments for school-age children and adolescents; and WHEREAS, a key component of HEAC is the development of robust healthy literacy initiatives for teens and families, which is vital to promoting healthy, active lifestyles; WHEREAS, as a result of this issue, Chula Vista Public Library applied for the Fit For Life Grant, sponsored by Libraries for the Future and Metropolitan Life; and WHEREAS, the grant will be used by the Library to develop a program called Seek & Be Fit, a community-wide effort that encourages dialogue and action among teens and families on the issues of juvenile obesity, nutrition, and fitness; and WHEREAS, the Library, in collaboration with the City of Chula Vista Parks and Recreation Department and other local partners, will host a variety of physical fitness activities and programs, including dance, aerobics, yoga, weight training, healthy cooking demonstrations, and more; and WHEREAS, Chula Vista teens on the City's Youth Advisory Commission and the Library's Teen Council are working with the Library to plan these activities and programs for their peers; and H:\Attorney\Final Resos\2007\4 1707 cc\#6.doc 6-3 Resolution 2007- Page 2 WHEREAS, Seek & Be Fit activities will be part of the Library's 2007 Summer Reading Program for teens; and WHEREAS, the one-time grant award in the amount of$7,500, of which only $3,750 will be appropriated for Fiscal Year 2007, and the remainder will be included in the Fiscal Year 2008 budget. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend the Fiscal Year 2007 Library Department budget by appropriating one- time unanticipated grant revenue in the amount of$7,500 for expenditures associated with the Fit for Life grant. Presented by Approved as to form by ~a<J\~~ Ann Moore City Attorney David Palmer Assistant City Manager/Library Director 6-4 2 CITY COUNCIL AGENDA STATEMENT ,$}!'f::. CITY OF ~CHULA VISTA April 17, 2007 Item~ ITEM TITLE: RESOLUTION APPROVING THE POLICE DEPARTMENTS PARTICIPATION IN THE STATE OF CALIFORNIA'S CORRECTIONS STANDARD AUTHORITY "STANDARDS AND TRAINING FOR CORRECTIONS" ~~.<:GRAM. CHIEF OF POLIC~ CITY MANAGER JI SUBMITTED BY: REVIEWED BY: 4/5THS VOTE: YES NO X BACKGROUND The State of California established the Corrections Standards Authority, or CSA, to provide leadership and coordination in California local detention facilities. The CSA sets rninimwn standards for the management and operation of local adult and juvenile detention facilities. The CSA is also responsible for establishing selection and training standards for local adult and juvenile corrections officers, and probation officers. From the time of program inception through the 2002/2003 fiscal year, CSA provided subvention fimds to aid counties and cities in meeting these standards. Subvention fimds to assist local agencies with the cost of training were discontinued in the 2003/2004 fiscal year, but were reinstated in FY 2006/2007. The Standards and Training for Corrections program, or STC, operates under the CSA. STC's primary role is to foster effective staff selection and job related training for local corrections personnel. This program began in 1980, with the enabling authority found in sections 6024 through 6036 of the California Penal Code. STC is similar to the State Commission on Peace Officer Standards and Training, or POST, in that they establish selection and training standards for law enforcement agencies and provide limited reimbursement for training costs Local agencies operating a Type II jail facility are eligible to apply for participation in STC's program and thereafter receive limited reimbursement for costs associated with the initial and annual training requirements of their detention personnel. To apply for fimding, cities must adhere to the standards for selection and training established by CSA. 7-1 April17,2007,Item~ Page 2 of2 Additionally, participating agencies must submit an initial training plan and annual training plans thereafter. Council approval is required for participation. ENVIRONMENTAL REVIEW None RECOMMENDATION That Council approve the resolution authorizing the Police Department to participate in the State of California's Corrections Standard Authority "Standards and Training for Corrections" program. BOARDS/COMMISSION RECOMMENDATION None. DISCUSSION On March 14, 2004, the police department moved into its new headquarters, and on September 5, 2005 the jail was certified by the State of California as a Type I (short- term/pre-arraignment) facility; in December 2006, the jail was subsequently certified as a Type II facility to accommodate the In Custody Drug Treatment Program. The city's new jail has been successful on many fronts, enhancing public safety by providing a facility to house prisoners when bed space at County jail might not have otherwise been available, increasing detective's access to prisoners, and reducing considerably the cumulative transportation time by patrol officers, effectively saving the equivalent of 4.0 peace officer positions each year. The police department has met with representatives from the State to become STC certified under CSA. Funding by STC is based on the number of jail personnel, and Council approval is required for participation. Certification will allow the department to receive training reimbursement for initial and annual j ail staff training. This will ensure that jail staff are able to maintain their valuable training. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found that Councilmember Steve Castaneda has property holdings within 500 feet of the boundaries of the property, which is the subject of this action. Although this could create a conflict for the STC program, pursuant to California Code of Regulations section 18704.2 no conflict exists. FISCAL IMPACT Staff estimates that based on the number of Police Services Officers employed by the department and the training they will receive on a yearly basis, STC will provide annual training reimbursement in the amount of approximately $7,280. Prepared by: Gary Wedge, Captain, Police Department 7-2 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE POLICE DEPARTMENT'S PARTICIPATIO NIN THE STATE OF CALIFORNIA'S CORRECTIONS STANDARD AUTHORITY "STANDARDS AND TRAINING FOR CORRECTIONS" PROGRAM WHEREAS, the State of California's "Standards and Training for Corrections" Program makes funding available for the training of all newly hired employees, supervisors, and managers of Type II detention facilities; and WHEREAS, in December 2006, the State Board of Corrections certified the City of Chula Vista jail as a Type II detention facility thereby making these funds available to the City of Chula Vista for training of personnel employed to perform duties in the jail; and WHEREAS, it is necessary for the City of Chula Vista Police Department to meet certain requirements as established by the State Board of Corrections in order to continue operating a local jail and receive such funding pursuant to sections 6040, et seq., of the California Penal Code; and WHEREAS, that while receiving funds pursuant to sections 6040, et seq., of the California Penal Code for the training of personnel employed to perform duties in the ChuIa Vista Jail, the City will adhere to the standards for selection and training established by the State of California Board of Corrections. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Police Department's participation in the State of California's Corrections Standard Authority "Standards and Training for Corrections" Program. Presented by: Approved as to form by: Richard P. Emerson Police Chief ~~h I AnnMoore 1 VI . City Attorney J:\Attorney\RESO\POLICE\Standards and Training for Corrections Program_04-17-07.doc 7-3 CITY COUNCIL AGENDA STATEMENT .::s. 'Yf::. CITY OF -~ CHUlA VISTA ITEM TITLE: SUBMITTED BY: REVIEWED BY: APRIL 17, 2007, Item S7 RESOLUTION AMENDING THE FY 2007 POLICE DEPARTMENT PERSONNEL SERVICE BUDGET AND ADDING THREE UNCLASSIFIED POSITIONS AND APPROPRIATING FUNDS THEREFORE BASED UPON UNANTICIPATED REVENUES. ORDINANCE AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS. j)~ CHIEF OF POLlC7 CITY MANAGER i' 415THS VOTE: YES 0 NO D BACKGROUND The Police Department entered into an agreement with the Office of National Drug Control Policy in 1996 to be the fiscal agent for the California Border Alliance Group (CBAG). CBAG is part of the Southwest Border High Intensity Drug Trafficking Area (SWHIDTA). In essence, the City receives full funding, plus a 3% administrative fee, to hire and administer salary and benefits for CBAG positions. To date, there are currently 19 CBAG positions with the City of Chula Vista that are fully funded from the Office of National Drug Control Policy. CBAG has requested the addition of two new positions: CBAG Microcomputer Specialist and CBAG Lead Programmer Analyst. CBAG is also requesting to budget an additional CBAG Program Manager. Additionally, Chula Vista City Charter section 500 requires that all unclassified positions not mentioned specifically in Charter section 500 be adopted by Ordinance. The Police Department requests the addition of the new CBAG positions to the unclassified service. 8-1 APRIL 17,2007, lteml Page 2 of 4 RECOMMENDATION 1. That Council adopts the resolution amending the FY 2007 Police Department Personnel Services budget, add the following unclassified positions to the Police Department: a. CBAG Microcomputer Specialist - E Step Salary of $79,062 - Mid- Managers benefits package b. CBAG Lead Programmer Analyst - E Step Salary of $79,062 - Mid- Managers benefits package c. CBAG Program Manager - E Step Salary of $106,342 - Mid-Managers benefits package; and 2. That Council appropriates $59,638 to the Police Department Personnel Services budget based upon unanticipated revenues; and 3. That Council approves the Ordinance amending Chula Vista Municipal Code Section 2.05.010 relating to the establishment of unclassified positions. BOARDS/COMMISSION RECOMMENDATION N/A DISCUSSION The Department is requesting the addition of the following three positions into the official personnel compliment of the Chula Vista Police Department. The first two positions are new classifications, and will need to be added to Municipal Code section 2.05.010 relating to the establishment of unclassified positions. The third position listed is already an official classification for the City. CBAG Microcomputer Specialist This is a new classification for CBAG. This position will be located in the new San Diego Law Enforcement Coordination Center (SD LECC). The SD LECC is a new multi-agency organization which will cooperatively integrate national security and law enforcement intelligence concerning terrorism, narcotics trafficking, and general crimes affecting or potentially affecting the greater San Diego and Imperial County region. The SO LECC's goal is to produce actionable intelligence and intelligence products for SD LECC participating agencies, the Joint Terrorism Task Force, the Imperial County Law Enforcement Coordination Center, the San Diego Joint Harbor Operations Center, and other appropriate law enforcement, public safety and intelligence entities. The CBAG Microcomputer Specialist will provide computer network, hardware and software support to the new SO LECC. This position is similar in nature to the City's Microcomputer Specialist position. 8-2 APRIL 17,2007, Item---D- Page 3 of 4 The "E" step annual salary for this position will be $79,062. This position is considered "Unclassified" due to the nature of the funding for this position and will receive the "Mid-Managers" benefit package. CBAG Lead Proqrammer Analvst CBAG has also requested the addition of the CBAG Lead Programmer Analyst. This is also a new classification for CBAG. This position is similar in nature to the City's Lead Programmer Analyst position. This position will primarily perform database software management and programming for the SD LECC. The "E" step annual salary for the CBAG Lead Programmer Analyst position is $79,062 This position is considered "Unclassified" due to the nature of the funding for this position and will receive the "Mid-Managers" benefit package. CBAG Proqram Manaqer CBAG is requesting an additional CBAG Program Manager position. This position will manage the National Methamphetamine/Chemical Initiative (NMCI) which works with member agencies to improve support of chemical precursor investigations, coordinating law enforcement agencies' policies, implementing programs and working with supporting intelligence centers. Further, the NMCI coordinates investigations, and assists its members in identifying precursor violators who may merit criminal or civil enforcement action. This position will also promote information sharing and training to law enforcement, prosecutors, judges, probation/parole, family services/social workers, etc., and provide critical enforcement updates at both meetings and through the distribution of information in regards to current trends and methods of operation. This position already exists in the City's classification plan. The "E" step annual salary for the CBAG Program Manager position is $106,342. This position is considered "Unclassified" due to the nature of the funding for this position and will receive the "Mid-Managers" benefit package. Municipal Code Section 2.05.010 Amended Municipal Code Section 2.05.010 will need to be amended to add the positions of CBAG Microcomputer Specialist and CBAG Lead Programmer Analyst to the list of unclassified positions. Each of these additions has been underlined in the proposed ordinance for easy identification. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. FISCAL IMPACT 8-3 APRIL 17, 2007, 1tem~ Page 4 of 4 Approval of this resolution will result in the appropriation of $59,638 to the FY 2007 Personnel Services budget of the Police Department. CBAG will fully reimburse the City for the cost of this position, including a 3% administrative fee. There will be a $1,789 net positive impact to the General Fund due to the 3% administrative fee. Prepared by: Edward Chew, Administrative SeNices Manager, Police Department 8-4 RESOLUTION NO. 2007- RESOLUTION AMENDING THE FISCAL YEAR 2007 POLICE DEPARTMENT PERSONNEL SERVICE BUDGET AND ADDING THREE UNCLASSIFIED POSITIONS AND APPROPRIATING FUNDS THEREFORE BASED UPON UNANTICIPATED REVENUES WHEREAS, the Police Department entered into an agreement with the Office of National Drug Control Policy in 1996 to be the fiscal agent for the California Border Alliance Group (CBAG); and WHEREAS, CBAG has requested the addition of two new classifications of CBAG Microcomputer Specialist and CBAG Lead Programmer Analyst; and WHEREAS, CBAG has also requested an additional CBAG Program Manager be added; and WHEREAS, the City receives full funding, plus a 3% administrative fee, to hire and administer salary and benefits for CBAG positions; NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby amend the FY 2007 Police Department Personnel Services budget and appropriate $59,638 based upon unanticipated revenues and add the positions of CBAG Microcomputer Specialist, CBAG Lead Programmer Analyst and CBAG Program Manager to the Police Departments authorized positions. Presented by: Approved as to form by: Richard P. Emerson Police Chief "-. n Moore ity Attorney /Ih 1" J:\Altomey\RESO\FINANCE\CBAG 2007 _04-17~07.doc 8-5 ORDINANCE NO. 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 WHEREAS, the Human Resources Department has created new classifications to better reflect the needs of the City's workforce; and WHEREAS, Charter Section 500(a) requires that all new unclassified management level positions be adopted by ordinance and a four-fifths vote of the Council. NOW, THEREFORE, the City Council of the City ofChula Vista does ordain as follows: SECTION I: That Section 2.05.010 of the Chula Vista Municipal Code is hereby amended to read as follows: 2.05.010 Unclassified positions established. In addition to those unclassified positions specifically delineated in Section 500 of the Charter of the City, there are established the unclassified positions entitled Administrative Services Manager, Advanced Planning Manager, Animal Control Manager, Assistant Chief of Police, Assistant Director of Budget and Analysis, Assistant Director of Building and Housing, Assistant Director of Community Development, Assistant Director of Finance, Assistant Director of Human Resources, Assistant Director of Planning, Assistant Director of Public Works and Operations, Assistant Director of Recreation, Assistant Library Director, California Border Alliance Group (CBAG) Deputy Executive Director, CBAG Director - SD LECC, CBAG Administrative Analyst I, CBAG Administrative Analyst II, CBAG Budget Manager, CBAG Executive Assistant, CBAG Executive Director, CBAG Graphics Designer/Webmaster, CRAG LEAD PROGRAMMER ANALYST, CBAG Management Assistant, CBAG Methamphetamine Strike Force Coordinator, CRAG MICROCOMPUTER SPECIALIST, CBAG Network Administrator I, CBAG Network Administrator II, CBAG Network Manager, CBAG Program Analyst, CBAG Regional Computer Forensic Laboratory Network Engineer, Chief Learning Officer, Chief of Staff, CoastallEnvironmental Policy Consultant, Communications Manager, Community Relations Manager, Constituent Services Manager, Cultural Arts & Fund Development Manager, Deputy Building Official, Building Services Manager, Deputy City Manager, Deputy Director of Engineering, Deputy Director of General Services, Deputy Director of Planning, Deputy Fire Chief, Development Planning & Improvement Manager, Development Planning Manager, Director of Budget and Analysis, Director of Communications, Director of Conservation and Environmental Services, Energy Services Manager, Executive Director of the Redevelopment Agency/CEO of the CVRC, Fiscal Operations Manager, Human Resources Operations Manager, Intergovernmental Affairs Coordinator, Office Specialist (Mayor's Office), Parks and Open Space Manager, Police Captain, Purchasing Agent, Real Property Manager, Risk Manager, Senior Council Assistant, Traffic Engineer, Transit Coordinator, Treasury Manager. 8-6 Ordinance No. Page 2 SECTION II: This ordinance shall take effect and be in full force thirty days from its adoption. Submitted by: Approved as to form by: Richard P. Emerson Chief of Police J:\Attomey\Ordinance\Unclassified Position Ord ~ PD._04~17-07.2 8-7 CITY COUNCIL AGENDA STATEMENT .~ ITEM TITLE: SUBMITTED BY: REVIEWED BY: APRIL 17, 2007, Item~ A. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING TITLE 17 OF THE MUNICIPAL CODE BY AMENDING SECTIONS 17.24.040 AND 17.24.050 AND ADDING SECTION 17.24.060 REGARDING NOISY AND DISORDERLY CONDUCT. B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING TITLE NINE OF THE MUNICIPAL CODE BY ADDING CHAPTER 9.14, SECTIONS 9.14.010 THROUGH 9.14.070 MAKING IT UNLAWFUL FOR MINORS TO CONSUME ALCOHOLIC BEVERAGES, AND FOR PERSONS TO HOST, PERMIT, OR ALLOW GATHERINGS WHERE MINORS ARE CONSUMING ALCOH~LlPVERAGES. POLICE DEPART~ CITY MANAGER JI 4/5THS VOTE: YES D NO ~ BACKGROUND A. Loud party calls to the police from citizens have increased steadily as the city has grown. Chula Vista's current Municipal Code dealing with noisy and disorderly conduct does not provide officers with sufficient tools, specifically the ability to cite an offender based solely on officers' observations and administrative enforcement, to deal with this growing problem. B. Preventing underage drinking is a priority in Chula Vista. The most frequent sources of alcohol for college students and adolescents include family members, friends, adult purchasers, and parties. Social host liability laws send a clear message that adults have a responsibility in the way they manage their homes, or other premises under their control to prevent underage drinking parties and their consequences. 9-1 APRIL 17,2007, Item-3-- Page 2 of 5 ENVIRONMENTAL REVIEW As to Ordinance A, the Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act [CEQA] and has determined that there is no possibility that the activity may have a significant effect on the environment because it involves only minor changes to the Mwricipal Code regarding noisy and disorderly conduct; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary. As to Ordinance B, the Environmental Review Coordinator has reviewed the proposed activity for compliance with CEQA and has determined the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because adoption of the proposed ordinance will not result in physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION A. That the City Council place Ordinance A on fust reading, amending Title 17 of the Mwricipal Code by amending Sections 17.24.040 and 17.24.050 and adding Section 17.24.060 regarding noisy and disorderly conduct. B. That the City Council place Ordinance B on fust reading, amending Title 9 of the Mwricipal Code by adding Chapter 9.14, Sections 9.14.010 tluough 9.14.070 making it unlawful for minors to consume alcoholic beverages and for persons to host, permit, or allow gatherings where minors are consuming alcohol beverages. BOARDS/COMMISSION RECOMMENDATION A. On November 22, 2006, the Public Safety Subcommittee recommended changes in the Municipal Code to better enable police officers to deal with loud party problems. Ordinance A incorporates the Subcommittee recommendations. B. On October 25, 2006, the Public Safety Subcommittee recommended enacting an ordinance making it unlawful to host, permit, or allow gatherings where minors are consuming alcohol beverages. Ordinance B incorporates the Subcommittee recommendations. 9-2 APRIL 17, 2007, Item~ Page 3 of 5 DISCUSSION Loud Parties Citizen complaints to the Chula Vista Police Department about loud parties steadily increased between January 2003 and December 2006 (see Figure 1). In 2003, there were 1,300 loud party calls to the Police Department; in 2006, there were 2,000 loud party calls representing a 52 percent increase. These calls mainly come late at night or early morning on weekends. r~------ I Laud Party Calls to Chula VIsta Police Department January 2003 through December 2006 300 100 250 200 . E 150 o z 50 0 M M M M M M v ~ 9 9 i v ~ ~ ~ ~ ~ ~ i\i ~ 9 "' 9 9 ~ 9 9 9 9 "' 9 9 ~ 9 c ~ "5 ~ c ~ "5 ~ . ~ :j ~ . -'i . . ~ . -'i . . ~ . . . . . " " '" Z " " "' Z ~ " " '" Z ~ " Month/year _Linear (Calls) ___u_ -.--------------- i\i i\i ~ ~ ~ ~ 1 0 " '" z Figure 1 About 47 percent of the calls are to locations that have had previous loud party calls. Some of those are on the same day and the offending noise continues or returns after officers leave. Other cases represent chronic locations, such as apartment complexes, with a history ofloud party complaints. Officers are limited when addressing the loud party problem. Under current state law, officers may not take enforcement action against offending parties unless a citizen bothered by the noise is willing to press charges; few are willing to do so. In addition, at many chronic apartment complexes, the noise problem often is in different apartments at different times and site managers cannot be held responsible. Finally, the current Municipal Code sets hours between 12:00 midnight and 8:00 a.m. as those when noises can generally be considered as being in violation. 9-3 APRIL 17, 2007, Item-9-- Page 4 of5 It is recommended that Section 17.24 of the Chula Vista Municipal Code be amended to: . Change the hours to 11:00 p.m. to 8:00 a.m. · Add subsections to: o Empower officers to issue citations for a prima facie violation, o Confiscate and impound components amplifYing or transmitting sound as evidence in prima facie cases, and o Allow any peace officer to impound vehicles violating this section as per CVC 922655.5. · Provide officers with the ability to enforce noise violations criminally or through an administrative process. Gatherings where Underage Persons Consume Alcohol In 2003, Chula Vista officers responded to 63 loud party calls in which juveniles were involved; in 2006, that number rose 100 percent to 127 calls. For that same period, the number of teen loud party calls that involved alcohol increased 155 percent from 20 calls in 2003 to 51 calls in 2006. Family, friends, adult purchasers, and parties are the most frequent source of alcohol for persons under the drinking age. Family members are the most frequent source of alcohol for younger adolescents. Parties are associated with heavy drinking and binge drinking. Often, parents and other adults have a high tolerance for underage drinking parties, allowing them to occur on their property and without any supervision. This community tolerance for underage drinking may stem from several misconceptions about youth alcohol consumption. The National Academies Institute of Medicine has urged state and local governments to enact a comprehensive set of strategies to reduce underage consumption. These strategies include strengthening social host liability laws to deter underage drinking parties and other gatherings.l Social host liability laws (also known as teen party ordinances, loud or unruly gathering ordinances, or response costs ordinances) target the location in which underage drinking takes place. Social host liability laws hold individuals responsible for underage drinking events on property they own, lease, or otherwise control. EI Cajon, Encinitas, La Mesa, Oceanside, Poway, Santee, the City of San Diego, San Diego County all have some type of ordinance directed at gatherings of minors where alcohol is being served or consumed[EHcl]. The City of Chula Vista, pursuant to the police powers delegated to it by the California Constitution and as a charter city, has the authority to enact laws that promote public health, safety, and general welfare of its residents. Parties, gatherings, or events on private property where alcoholic beverages are consumed by minors, who are under the legal age to consume alcohol in the State of California, are harmful to the minors themselves and a threat to public health, safety, quiet enjoyment of residential property, and general welfare. This fact was illustrated by a recent tragic incident in Chula Vista. On April 2, 2007, paramedics and officers from the Chula Vista Police Department received a radio call of a subject not breathing at a residence on Regulo Place in the City. I htto://www.socialhost.org 9-4 APRIL 17, 2007, Item ~ Page 5 of 5 When officers and paramedics arrived, they found a 19-year-old student at Southwestern College unresponsive and not breathing. Paramedics pronounced the student dead at the scene. An investigation revealed that the student and several of his friends had engaged in the consumption of a large amount of alcohol at a party the previous night. The San Diego County Medical Examiner determined the cause of death as acute alcohol intoxication. Control of gatherings on private property where alcoholic beverages are consumed by minors is necessary when such activity is determined to be a threat to the peace, health, safety, or general welfare of the public. Minors often obtain alcoholic beverages at gatherings at private residences or other private property, places, or premises, including rented commercial premises, which are under the control of a person who knows or should know of the consumption of alcoholic beverages by minors. Persons responsible for the occurrence of such gatherings often fail to take reasonable steps to prevent the consumption of alcoholic beverages by minors at these gatherings. Reasonable steps are controlling access to alcohol at a gathering, controlling the quantity of alcohol at the gathering, verifying the age of persons attending the gathering by inspecting drivers licenses or other government-issued identification cards to ensure that minors do not consume alcohol while at the gathering, and supervising the activities of minors at the gathering. This ordinance is necessary (I) to protect public health, safety, and general welfare; (2) to enforce laws prohibiting consumption of alcohol by minors; and (3) to reduce the costs of providing police services to parties, gatherings, or events requiring a response by requiring party hosts to ensure minors are not consuming alcoholic beverages. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in Califomia Code of Regulations section I 8704.2(a)(I) is not applicable to this decision. FISCAL IMP ACT There is no direct fiscal impact. Enforcement will be provided by Police Department personnel. Prepared by: John Stedman, Public Safety Analyst, Police Department and Joan Dawson, Deputy City Attorney. City Attorney's Office J:'AlIorney'JU"lWSOi'lvlgenda StatementsiLo1ld Parties. social has/fin (REDLlNE-SOJ.doc 9-5 ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 17 OF THE MUNICIPAL CODE BY AMENDING SECTIONS 17.24.040 AND 17.24.050 AND ADDING SECTION 17.24.060 REGARDING NOISY AND DISORDERLY CONDUCT WHEREAS, the City of Chula Vista, pursuant to the police powers delegated to it by the California Constitution and as a charter city, has the authority to enact laws that promote the public health, safety, and general welfare of its residents; and WHEREAS, the City of Chula Vista, acting through the City Council [the Council], fmds and declares that disturbing, excessive, offensive, or unreasonable noises create a drain on law enforcement resources when police are called to respond to the noise, often multiple times; and WHEREAS, when police are called to respond to noise complaints, it takes them away from other calls for service; and WHEREAS, disturbing, excessive, offense, or unreasonable noises can negatively impact public health, safety, quiet enjoyment of property, and general welfare; and WHEREAS, it is the intent of the Council to provide law enforcement personnel in the City with additional tools to respond to and abate noise violations that constitute a public nuisance within the City. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: SECTION I: That the Chula Vista Municipal Code be amended to read as follows: 17.24.040 Laud, uBBeecssary, uBusual OF eOBtiBuedDisturbinl!:, excessive,-ffl' offensive, or unreasonable noises - Prohibited - Exceptions. Page I of 13+; 9-6- Ordinance No. A. It is unlawful for any person in any commercial or residential zone in the City to make. continue. or cause to be made or continued any disturbing. excessive.-ff offensive. or unreasonable loud, ur.necessary, lHlfeasonable or lliHi5ual noise, which.,.ey its naillie. degree of intensity, or length of time coatinaed Of freqaent repetition, _disturbs the health. safety. general welfare. or quiet eniovment of property of others comfort or repose of ethers er injures or endangers the health, fleace, or saf-ety, or auiet enjoyment of llro13ert',' of others in any commercial or residential zone within the limits of the Ceity '-~ proyided, howeyer, that tIhis section shall not in any way affect, restrict, or prohibit any activities incidental to scientific or industrial activities carried out in a reasonable manner according to the usual customs of scientific or industrial saitl-activities, conducted in areas zoned for such purposes, or upon lands which are under the jurisdiction of the board of commissioners of the San Diego Unified Port District. B. The characteristics and conditions to consider -te-in determining whether a noise is disturbing. excessive. _offensive. or unreasonable in violation of this section shall include. but not be limited to. the following: 1. The degree of intensitv of the noise: 2. Whether the nature of the noise is usual or unusual: 3. Whether the origin of the noise is natural or unnatural: 4. The level of the noise; 5. The proximity of the noise to sleeping facilities; 6. The nature and zoning of the area from which the noise emanates and the area where it is received; Page 2 of 13+.; 9-7- Ordinance No. 7. The time of day or night the noise occurs; 8. The duration of the noise; and 9. Whether the noise is recurrent. intermittent. or constant. C. The following activities. among others. are declared to cause disturbing. excessive. -Bf-offensive. or unreasonable noises in violation of this section and to constitute a public nuisance and are lIDlawful. namely: 1. Radios. Phonographs. Amplifiers. and Other Devices.,.-Bt&.- The using. operating. or permitting to be plaved. used. or operated.-ef. anI' radio receiving set. musical instrument. drums. phonograph. television set. loud speakers and sound amplifier. or other machine or device for the producing or reproducing of sound in as\%€h manner that as-te-disturbs the peace. comfort. or quiet eniovment of anv reasonable person of normal sensitivity in the vicinity; BE. area of the city is prohibitea 2. Animals and Birds. The keeping of any animal or bird which bv frequent or long continued noise sflall-disturbs the peace. comfort. or quiet eniovment of propertv fel365eof anv person residing or workin!/: in the vicinity; 3. Drums and Musical Instruments. The use of anv drum or other musical instrument or device for the purpose of attracting attention. by creation of noise. to any performance. show. or sale; 4. Loudspeakers. Amplifiers for Advertising. The using. operating or permitting to be plaved. used. or operated. ef-anv radio receiying set. musical instrument. phonograph. loudspeaker. sound amplifier. or other machine or device for the production or reproduction of sound. which is heard easf-upon a public l'hestreet. s-for the purpose of Page 3 of 13.e 9-8- Ordinance No. commercial advertising or attracting the attention of the public to anI' building or structure. so as to annoy or disturb the peace. comfort. or quiet enioyment of property, eamfort sr repsse of persons in anI' office. Bf-dwelling. hotel. or other type of residence; 5 . Yelling. Shouting. Loud or raucous yelling or ,shouting on lIie--public streets. particularly between the hours of II :00 p.m. and 8:00 a.m.. or at any time or place in SBeh-a manner that creates a disturbance of the public order where the velling or shouting is inherently likely to provoke an immediate violent reaction; 1,1'; an act of yiolenee Sf b.,. any aet likel.,. to prsffilee violenee 6. 6,Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine. compressor. motor boat. or motor vehicle except through a muffler or other device. which will effectively prevent loud or explosive noises therefrom: Ilrovided. that this sabseetisR and these sHesections sha-ll Rst iR any \\'a-; affeet. restrict 0f Ilromeit an'; aeti';ities illeidental to seientifie sr illduotrial researeh. or maallfaetoollll:. 1l1lSIie atilitv Illaats. eORstruetisR or rellairiRl:: eSRdllctea iR areas zSBeEl for slowh IlllfllSses. iBeludiBl:: effieri:eBey rellairs iR an'; ZOBe. sr UPSR lands '1{hich are under the illfisdietisR of the haara of commissioners of the San Diel::o Unifiea Psrt Distriet; 7. Blowers. The operation of any noise-creating blower. -eF-power fan. or any internal combustion engine. unless the noise from such blower or fan is muffled and the SBeh-engine is equipped with a muffler device sufficient to deaden the sooImoise; Ilro'/ideE!. however. that this seetisR and sllbseetioRs shall Rot ia an'; way affeet. restriet sr Ilromhit an... aetivities iaeidental to seientifie sr iBdHotrial researeh. or ffiaalHaeturillll:. Page ~.:'~.u.H Ordinance No. public utility plants. cOllstructioll or repairmz: cOll<hwtea ill areas zOllea for SHch IlUfllOses. illslHdill!:: efllCr~ellCY rellairs ill aRY :GOlle. or ullolllands .,,;flich are Hllder the iarisdictioll of the born-d of commissioaers ofilie San Die!::o Unified Port District 8. Power Machinery. Tools. and Equipment. The use of anv tools. power machinery. or equipment or the conduct of construction and building work in residential zones so as to cause noises disturbing to the peace. comfort. and quiet eniovment of prorertv re13oseof anv person residing or working in the vicinitv. between the hours of 10:00 p.m. and 7:00 a.m.. Mondav through Fridav. and between the hours of 10:00 p.m. and 8:00 a.m.. Saturdav and Sundav. except when the work-same is necessary for emergency repairs required for the health and safety of any member of the community: 9. Motorcvcle or Motor Vehicle Noises. No person operating a motorcvcle or motor-driven cycle shall increase the engine's revolutions per minute while the transmission is in neutral or the clutch is engaged so as to cause more noise to be emitted than is necessary for the normal operation of the vehicle. Further. anv disturbing. excessive. offensive. or unreasonable uffilsuaL load or aistarbiRg noise made bv any motorcvcle or other motor vehicle not reasonablv necessary in the operation of the saffi-cvcle or vehicle under the circumstances is prohibited and includes but is not limited to noise caused bv screeching of tires. racing or accelerating the engine. backfiring the engine. or other noise and exhaHot from the engine tailpipe or muffler: 10. Horns. Signaling Devices. The sounding of anv horn or signaling device on anv automobile. motorcycle. street car. or other vehicle on any street or public place of the Ceitv. except as a danger warning; the creation bv means of any such Page 5 of 13H 9-1(J Ordinance No. signaling device of anv unreasonablv loud or harsh sound; the sounding of anv device for an unnecessary and unreasonable period of time; and the use of anv signaling device when traffic is for anv reason held up; II. Swimming Pool Mechanical Equipment. Swimming Pepool mechanical equipment. including. but not limited to. mechanical filters. pumps. chlorinators. and pool heaters. shall be 5&-located or soundproofed so that such equipment will not create disturbing. excessive. offensive. or unreasonable loud. lliHleceSSar'r. anusual or contin-llin~ noise that so as to disturbs the peace and quiet enioyment of properlv of persons residing in the neighborhood. D. Prima Facie Violations. Anv of the following shall constitute evidence of a prima facie violation of this section: I. The operation of sound production or reproduction device. radio receiving set. musical instrument. drum. phonograph. television set. machine. loud speaker and sound amplifier or similar machine or device between the hours of II :00 p.m. and 8:00 a.m. in a sooflmanner as to be plainlv audible at a distance of fiftv (50) feet from the building. structure. vehicle. or premises in which it is located-skalt cORstirute evideRce of a prima facie violffiieR of this sectioR; 2. The operation of any sound amplifier. which is part of or connected to. anv radio receiving set. stereo. compact disc plaver. cassette tape player. or other similar device when operated at anv time in such as a manner as to be plainly audible at a distance offiftv (50) feet and when operated in 5-lI€fi-a manner as to cause a person to be Page 6 of 13H 9-11 Ordinance No. aware of vibration accompanving the sound at a distance offiftv (50) feet from the source. 17.24.050 Loutl, uBBeeessary, uBusualor eOBtiBuetl Boises BesigBatetl aBtI aescribed.Enforcement of Prima Facie Violations. A. Anv person, who is authorized to enforce the provisions of this chapter and who encounters evidence of a prima facie violation of Section 17.24.040. is empowered to confiscate and impound as evidence anv or all of the components amplifying or transmitting the sound. B. Anv peace officer. as defined in the California Penal Code. who encounters evidence of a prima facie violation of Section 17.24.040 wherebv the components amplifying or transmitting the sound are attached to a vehicle mav. in accordance with the provisions of California Vehicle Code Section 22655.5. impound the vehicle. as containing evidence of a criminal offense. when the amplifying and/or transmitting component(s) cannot be readilv removed from the vehicle without damaging the component( s) or the vehicle. The follo'.\'iflg acts, amOfl!; others, Elfe deelElfee. to be di~ttlfbifl!; and ur.flecessary 110ises in yielatisfl of this chapter, 8tH said eflWfleration shall net be deemed to be exelusiye, flamely: f.. Radios, Phoaogra]3hG, .\mpli!i8FG, ets. The using, opemting, or permitting to be played, ased or operated, of afty radio receivrng set, masical instrnmem, phoflograph, television 8r other machine or devise for the ]3rodacing or re]3rodaeing of souad in sueh mar.ner as t8 disturb the comfort and re]3ose of any ]3erson residing or workiflg in the Page9~ 9fzUH Ordinance No. vieiait)', or at any time with louder '/oltlffie thaH is aeeessary for ooaveniellt neariag by the persoa or persoas who are in the room, plaee, '/eRiole or premises ia willen suen maemae or de'/ice is operated, aHd wno are '.oluntaT)' listeaers thereto. The operation of any suen set, iastrumellt, phoaograpn, maeRiae or de'/iee bew.ceen tne hams of 12:00 midaight and g :00 a.m. ia such maruwr as to be plaiRly audible at a diotaHce of 50 feet from the buildiag, structure, vehicle or premises ill '.ymch it is located shall be prima facie e'/ideace ofa ';iolatioR of this sectioa and CVMC 17.21.010; B. l.!limals, Birds, Etc. The keepiag ef any animal or bird which BY frequellt or long cofltiaued Raise shadl disturb the cemfort or repose of an)' persell. residiag er workiag ia the vicinity; C. Noises aear Schools, Courts, Churcnes and Hospitals. The creatiea ef any lli'.necesoary Reise oa the street adjacellt to an:,' school, chmch or court so as te disturb or tlllflecessaril:,' illterfcre with the workiags ef such iastitutioR; or the creatioR of any lir.Reeessary aoise OR the street adjaeeat to a hospital so as te unnecessarily or lHlfeasoaaBly disturb the patiellts in sueh hospital; D. HiP;;hrs, Peddlers. The shouting and eryiag efpeddlers, hawkers aRd vendors which distm.a the peace aad quiet of the Reighborhood; E. Drums. The use of aRY drum or other mstrumellt or de'/iee fer the purpose ef attraetiag attelltiea, by creation of aoise, te any perf-ermance, she'N or sale; F. Loudspeakers, l.mplifiers for I.d'/ertising, Ete. The usiag, ojleratillg or permittiag to be played, uoed or operated, of an:,' radio recei'/ing set, mllsieal iaotrumeat, phonograph, 101ldspeaker, sound araplifier, or other machiae er device for the preduetioa Page 8 of 13-H 9-1:r Ordinance No. or reproductioB of soaBd 'shich is east apon the streets for the pllfFlose of commercial advertisiRr; or atlractinr; the attention of the pH13lis to aRY baildinr; or otmstUie, so as to ar.noy or diBtUi-6 the quiet, comf-ert or repose of persons in aRY office, or d'Nellinr;, hotel or other type ef residence; G. Yellinr;, Shouting, Ete. Loud or raHCOUS yelling, shouting, hooting, whistling or sinr;ing on the pHlllic streets, particularly between the aO\lfs of 12:00 midllight and 8:00 a.m., or at aRY time or place so as to ar.noy or disturb tae quiet, eomfort or rapose of persoBs iR aRY officc, or iB any d'Nelliag, aotel or other tYJle of residence, or of any persoa ia tae ';,ieinity; H. EJrhllHsts. The discharge iRto the open air of the e:rnaHst of any steam eagine, statioaary iatemal cOm-6astioB ear;iae, compressor, motor boat, or motor vehicle except through a mHffler or etaer devise which will effeetively prevent loud or explosive Hoises thoref'rom; provided, that this sabsectioB aRd these sueoectioHs shall Hot in aRY way affeet, restrict or profiibit any activities iacideHtal to scientific or iRdustrial research, or ffiaRHfactHring, Jltl13lic utility plants, eonGtreeaon or repairiag conciacted in areas zoned for Stich pll!J3oses, illcludinr; emergency repairs ill any zone, er tIponlands whieh are under the jUiisdictioll oftae bearci of commissioHers oftlle San Diege Uaified Port District; 1. Blov,ors. The operatioB of any Hoise creatiHg 81o'Ner or Jlo'Ner faR or any internal comsuGtion engine, tIRless the Boise f'rOfR saca blower or faR is ffiHffled and such eagiae is equipped '1/ith a nmffler devise sufficient te <leaden sllea Heise; previded, aowever, that this seatioa and subseatioas shall not iR aay way aff-ect, restrict or prohibit Page 9 of 13H 9-14 Ordinance No. any acti'-,ities iaeieental to scientific or indHstriaI research, or manufacturing, IJHblic mility ]31aHts, construction or repairing eenellcted in areas zoned for such pllF]3eses, including emergellcy repairs ill any zone, or upon lands '1.hich are HIlder the jHfisdietien of the beard of cemmissieners of the San Diege DHified Port District; J. Power Machinery, Toels and Eq-Hipment. The HGe of any tools, ]3ower machiHery or 6Ejuipment or the condolet of construction and sIDlding werk in residential zones so as to CEffise noises eisturbing to the comfort aRa repose of any person resiaiHg or '.'.'orking in the vicinity, bet\'-'een the hours of 10:00 ]3.m. and 7 :00 a.m., Monday tflrellgh Friday, ana between the Reurs of 10:00 p.m. and 8:00 a.m., Saturaay and SW'leaJ', e)lCept 'shen the same is Hecessary for emergellcy repaiFG required for the heaItR aRa safety of any member of the commUllity; K. Motercyele er Motor "'eRiele "Neises. No person operating a metereycle or motor driyen cycle sRall increase the engine's re'iOlmions per millute while the transmission is ill neutral er tRe elmch is cngagea so as to Cll10lSe more noise te be emitted than is necessary for the HonnaI operation of the vORiele. Further, any elleessive, UIlHSHal, 10Hd or disturbing Heise maae by any motorcycle or ether motor '-'eRiele not reasollably necessary in the o]3cration of said cyele or vehicle anaer the cirCHlIlstances is prohibited and inclllees bm is not limited to noise callsed by screeching of tires, racing or accelerating the engine, backfiring the engine and elr.f1aHst from the engine tailpipe or mHffler; L. Hems, Signaling Deyices, Etc. The sOUllding of any horn or signaling deyiee on any automobile, motoreyele, street ear or other '-,ehiele on any street or public plaee of Page lOaf 13B 9-15- Ordinance No. the eity, eKcept as a dallger warniRg; tae creatien by meaas ef allY saea SigRalillg device of allY lolnreasoRaely loud or aarsfl sOURd; the selolRdiRg of allY Eleviee fer all ulllleeessary and Ufffcasonaele period of time; and the use of allY signaling de'/iee wfleR traffic is for any reaSOR aeld lolJl; M. ~>::imrniRg Peel Meeharueal Equipment. Swill'lffiing peel meehanieal equipffiellt, iRcludillg, but Rot limited to, meellanieal filters, plHllpS, chleriRators aad pool heaters, saall be so leeated or sOlolRaproof-ed that saeh equipmeRt ,,;ill ROt ereate load, UllIleeessary, affilsaal or eomiRumg Roise so as to disll.lffl the peaee allEl qaiet of perseRs residillg iR The Reighborhood. 17.24.060 Repeated Violations - Public Nuisance--Responsible Person - Cost Recoverv. A. Any person, who is responsible for a second violation of Section 17.24.040 within one vear (365 days) of the first violation at a place or premises ,including residential or commercial property. under his or her control ,shall be liable for maintaining a public nuisance, as defined by state and/or local law. -To be deemed a person responsible for repeated yiolations of Section 17.24.040, it is not necessary for the person to be found criminally liable for a yiolation of the section. In addition to other penalties allowed by state law or this Municipal Code, a person responsible for repeated yiolations of Section 17.24.040 may be subiect to an administratiye fine of $1 ,000 per incident. The administrative fine shall constitute a debt of the responsible person to the City, and shall be payable to the City in the manner provided in CVMC Chapters 1.40 Page 11 of 13H 9-16- Ordinance No. and 1.41 and other applicable law. If the responsible person is a minor. the parent or guardian of the minor shall be iointly and seyerally liable under this section. B. Under the proyisions of this section. a responsible person shall include a property owner of a residential or commercial property. who has actual knowledge or who receiyes actual notice of a fIrst yiolation of Section 17.24.040 committed by a tenant. A property owner. who has actual knowledge or who receives actual notice of a fIrst violation of Section 17.24.040 by a tenant. shall take any and all reasonable steps to ensure that the property is not being maintained in a manner to constitute a public nuisance as defIned by state and/or local law. C. Where there occurs a repeated violation of Section 17.24.040 within one year (365 days) of a previous violation and the responsible party has been provided written notice of the previous violation. the responsible person shall be held liable for the cost of providing police services needed as a result of the second violation to control the threat to the public peace. health. safety. general welfare. or quiet enioyment of the property. The imposition of this liability for cost recovery shall be governed by the provisions of Government Code Section 38773, CYMC 1.41.140. and other applicable law. A repeated violation of Section 17.24.040 may also result in the arrest and/or citation of violators of the California Penal Code. this Municipal Code. or other applicable state or local law. D. Nothing in this section shall be construed as affecting the ability to initiate or continue concurrent or subsequent criminal prosecution for any violation of the provisions of this Municipal Code or any state law arising out of the same circumstances necessitating the application of this section. Page g~ fSU+; Ordinance No. SECTION II: Effective Date.-_This Ordinance shall take effect and be in force thirty days after its final passage. Presented by r~ .' Moore t/ Richard P. Emerson Chief of Police J :\Attomey\JDA WSON\Ordinances\Noise Ordinance.fill (REDLINE-SOL 04-12-07.doc Page 13 of 13H 9-18- ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 17 OF THE MUNICIPAL CODE BY AMENDING SECTIONS 17.24.040 AND 17.24.050 AND ADDING SECTION 17.24.060 REGARDING NOISY AND DISORDERLY CONDUCT WHEREAS, the City ofChula Vista, pursuant to the police powers delegated to it by the California Constitution and as a charter city, has the authority to enact laws that promote the public health, safety, and general welfare of its residents; and WHEREAS, the City ofChula Vista, acting through the City Council [the Council], finds and declares that disturbing, excessive, offensive, or unreasonable noises create a drain on law enforcement resources when police are called to respond to the noise, often multiple times; and WHEREAS, when police are called to respond to noise complaints, it takes them away from other calls for service; and WHEREAS, disturbing, excessive, offense, or unreasonable noises can negatively impact public health, safety, quiet enjoyment of property, and general welfare; and WHEREAS, it is the intent of the Council to provide law enforcement personnel in the City with additional tools to respond to and abate noise violations that constitute a public nuisance within the City. NOW, THEREFORE, the City Council of the City ofChula Vista does hereby ordain as follows: Page I of8 ':1-19 Ordinance No. SECTION I: That the Chula Vista Municipal Code be amended to read as follows: 17.24.040 Disturbing, excessive, offensive, or unreasonable noises - Prohibited - Exceptions. A. It is unlawful for any person in any commercial or residential zone in the City to make, continue, or cause to be made or continued any disturbing, excessive, offensive, or unreasonable noise, which disturbs the health, safety, general welfare, or quiet enjoyment of property of others in any commercial or residential zone within the limits of the City. This section shall not in any way affect, restrict, or prohibit any activities incidental to scientific or industrial activities carried out in a reasonable manner according to the usual customs of scientific or industrial activities, conducted in areas zoned for such purposes, or upon lands which are under the jurisdiction of the board of commissioners of the San Diego Unified Port District. B. The characteristics and conditions to consider in determining whether a noise is disturbing, excessive, offensive, or unreasonable in violation of this section shall include, but not be limited to, the following: 1. The degree of intensity of the noise; 2. Whether the nature of the noise is usual or unusual; 3. Whether the origin of the noise is natural or unnatural; 4. The level of the noise; 5. The proximity of the noise to sleeping facilities; 6. The nature and zoning ofthe area from which the noise emanates and the area where it is received; Page 2 of 8 'ij-20 Ordinance No. 7. The time of day or night the noise occurs; 8. The duration of the noise; and 9. Whether the noise is recurrent, intermittent, or constant. c. The following activities, among others, are declared to cause disturbing, excessive, offensive, or unreasonable noises in violation of this section and to constitute a public nuisance: 1. Radios, Phonographs, Amplifiers, and Other Devices. The using, operating, or permitting to be played, used, or operated, any radio receiving set, musical instrument, drums, phonograph, television set, loud speakers and sound amplifier, or other machine or device for the producing or reproducing of sound in a manner that disturbs the peace, comfort, or quiet enjoyment of any reasonable person of normal sensitivity in the vicinity; 2. Animals and Birds. The keeping of any animal or bird which by frequent or long continued noise disturbs the peace, comfort, or quiet enjoyment of property of any person in the vicinity; 3. Drums and Musical Instruments. The use of any drum or other musical instrument or device for the purpose of attracting attention, by creation of noise, to any performance, show, or sale; 4. Loudspeakers, Amplifiers for Advertising. The using, operating or permitting to be played, used, or operated, any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the production or reproduction of sound, which is heard upon a public street, for the purpose of Page 3 of8 11- 21 Ordinance No. commercial advertising or attracting the attention of the public to any building or structure, so as to annoy or disturb the peace, comfort, or quiet enjoyment of property of persons in any office, dweIIing, hotel, or other type of residence; 5. YeIIing, Shouting. Loud or raucous yeIIing or shouting on public streets, particularly between the hours of 11 :00 p.m. and 8:00 a.m., or at any time or place in a manner that creates a disturbance of the public order where the yeIIing or shouting is inherently likely to provoke an immediate violent reaction; 6. Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, compressor, motor boat, or motor vehicle except through a muffler or other device, which will effectively prevent loud or explosive noises therefrom; 7. Blowers. The operation of any noise-creating blower, power fan, or any internal combustion engine, unless the noise from such blower or fan is muffled and the engine is equipped with a muffler device sufficient to deaden the noise; 8. Power Machinery, Tools, and Equipment. The use of any tools, power machinery, or equipment or the conduct of construction and building work in residential zones so as to cause noises disturbing to the peace, comfort, and quiet enjoyment of property of any person residing or working in the vicinity, between the hours of 10:00 p.m. and 7:00 a.m., Monday through Friday, and between the hours of 10:00 p.m. and 8:00 a.m., Saturday and Sunday, except when the work is necessary for emergency repairs required for the health and safety of any member of the community; PaKe 4 of 8 9-22 Ordinance No. 9. Motorcycle or Motor Vehicle Noises. No person operating a motorcycle or motor-driven cycle shall increase the engine's revolutions per minute while the transmission is in neutral or the clutch is engaged so as to cause more noise to be emitted than is necessary for the normal operation of the vehicle. Further, any disturbing, excessive, offensive, or unreasonable noise made by any motorcycle or other motor vehicle not reasonably necessary in the operation of the cycle or vehicle under the circumstances is prohibited and includes but is not limited to noise caused by screeching of tires, racing or accelerating the engine, backfiring the engine, or other noise from the engine tailpipe or muffler; 10. Horns, Signaling Devices. The sounding of any horn or signaling device on any automobile, motorcycle, street car, or other vehicle on any street or public place of the City, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; the sounding of any device for an unnecessary and unreasonable period of time; and the use of any signaling device when traffic is for any reason held up; II. Swimming Pool Mechanical Equipment. Swimming pool mechanical equipment, including, but not limited to, mechanical filters, pumps, chlorinators, and pool heaters, shall be located or soundproofed so that such equipment will not create disturbing, excessive, offensive, or unreasonable noise that disturbs the peace and quiet enjoyment of property of persons residing in the neighborhood. D. Prima Facie Violations. Any of the following shall constitute evidence ofa prima facie violation of this section: Pa~ 5 of8 11-23 Ordinance No. I. The operation of sound production or reproduction device, radio receiving set, musical instrument, drum, phonograph, television set, machine, loud speaker and sound amplifier, or similar machine or device between the hours of 11:00 p.m. and 8:00 a.m. in a manner as to be plainly audible at a distance of fifty (50) feet from the building, structure, vehicle, or premises in which it is located; 2. The operation of any sound amplifier, which is part of or connected to, any radio receiving set, stereo, compact disc player, cassette tape player, or other similar device when operated at any time in a manner as to be plainly audible at a distance of fifty (50) feet and when operated in a manner as to cause a person to be aware of vibration accompanying the sound at a distance of fifty (50) feet from the source. 17.24.050 Enforcement of Prima Facie Violations. A. Any person, who is authorized to enforce the provisions of this chapter and who encounters evidence of a prima facie violation of Section 17.24.040, is empowered to confiscate and impound as evidence any or all of the components amplifying or transmitting the sound. B. Any peace officer, as defined in the California Penal Code, who encounters evidence of a prima facie violation of Section 17.24.040 whereby the components amplifying or transmitting the sound are attached to a vehicle may, in accordance with the provisions of California Vehicle Code Section 22655.5, impound the vehicle, as containing evidence of a criminal offense, when the amplifying and/or transmitting PaKe 6 of8 11-24 Ordinance No. component(s) cannot be readily removed from the vehicle without damaging the component(s) or the vehicle. 17.24.060 Repeated Violations - Public Nuisance-Responsible Person - Cost Recovery. A. Any person, who is responsible for a second violation of Section 17.24.040 within one year (365 days) of the first violation at a place or premises including residential or commercial property, under his or her control shall be liable for maintaining a public nuisance, as defined by state and/or local law. To be deemed a person responsible for repeated violations of Section 17.24.040, it is not necessary for the person to be found criminally liable for a violation of the section. In addition to other penalties allowed by state law or this Municipal Code, a person responsible for repeated violations of Section 17.24.040 may be subject to an administrative fine of $1 ,000 per incident. The administrative fine shall constitute a debt of the responsible person to the City, and shall be payable to the City in the manner provided in CVMC Chapters 1.40 and 1.41 and other applicable law. If the responsible person is a minor, the parent or guardian of the minor shall be jointly and severally liable under this section. B. Under the provisions of this section, a responsible person shall include a property owner of a residential or commercial property, who has actual knowledge or who receives actual notice of a first violation of Section 17.24.040 committed by a tenant. A property owner, who has actual knowledge or who receives actual notice of a first violation of Section 17.24.040 by a tenant, shall take any and all reasonable steps to Page 7 of8 :1-25 Ordinance No. ensure that the property is not being maintained in a manner to constitute a public nuisance as defined by state and/or local law. C. Where there occurs a repeated violation of Section 17.24.040 within one year (365 days) of a previous violation and the responsible party has been provided written notice of the previous violation, the responsible person shall be held liable for the cost of providing police services needed as a result of the second violation to control the threat to the public peace, health, safety, general welfare, or quiet enjoyment of the property. The imposition of this liability for cost recovery shall be governed by the provisions of Government Code Section 38773, CYMC 1.41.140, and other applicable law. A repeated violation of Section 17.24.040 may also result in the arrest and/or citation of violators of the California Penal Code, this Municipal Code, or other applicable state or local law. D. Nothing in this section shall be construed as affecting the ability to initiate or continue concurrent or subsequent criminal prosecution for any violation of the provisions of this Municipal Code or any state law arising out of the same circumstances necessitating the application of this section. SECTION II: Effective Date. This Ordinance shall take effect and be in force thirty days after its final passage. Presented by Richard P. Emerson Chief of Police /~.. :M~0 / Ann Moore City Attorney . J:\AttorneyVDA WSON\Ordinances\Noise Qrdinance.fnl (CLEAN copy of REDLINE-SO)_04-12-07.doc Page 8 of 8 :1-26 ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 9 OF THE CHULA VISTA MUNICIPAL CODE BY ADDING CHAPTER 9.14, SECTIONS 9.14.010 THROUGH 9.14.070, MAKING IT UNLAWFUL FOR MINORS TO CONSUME ALCOHOLIC BEVERAGES, AND FOR PERSONS TO HOST, PERMIT, OR ALLOW GATHERINGS WHERE MINORS ARE CONSUMING ALCOHOLIC BEVERAGES WHEREAS, the City of Chula Vista, pursuant to the police powers delegated to it by the California Constitution and as a charter city, has the authority to enact laws that promote the public health, safety, and general welfare of its residents; and WHEREAS, the City of Chula Vista, acting through the City Council [the Council] fmds that parties, gatherings, or events [gatherings] on private property where alcoholic beverages are consumed by minors, who are under the legal age to consume alcohol in the State of California, are harmful to the minors themselves and a threat to public health, safety, quiet enjoyment of residential property, and general welfare; and WHEREAS, the Council finds that minors often obtain alcoholic beverages at gatherings held at private residences or other private property, places, or premises, including rented commercial premises, which are under the control of a person who knows or should know of the consumption of alcoholic beverages by minors; further, the Council fmds that persons responsible for the occurrence of such gatherings often fail to take reasonable steps to prevent the consumption of alcoholic beverages by minors at these gatherings; and WHEREAS, control of gatherings on private property where alcoholic beverages are consumed by minors is necessary when such activity is determined to be a threat to the peace, health, safety, or general welfare of the public; and 9-27 Ordinance No. WHEREAS, police officers often are required to make multiple responses to the location of a gathering where alcoholic beverages are consumed by minors in order to disperse uncooperative participants, causing a drain on public safety resources and in some cases, leaving other areas of the City with delayed police response; and WHEREAS, problems associated with gatherings where alcoholic beverages are consumed by minors are difficult to prevent and deter unless the City of Chula Vista Police Department has the legal authority to arrest offenders and direct the host to disperse the gathering; and WHEREAS, police ability to abate gatherings on private property where alcohol is consumed by minors will result in a decrease in abuse of alcohol by minors, physical altercations and injuries, neighborhood vandalism, and excessive noise disturbance, thereby improving public safety; and WHEREAS, it is the intent of the Council that liability under this Ordinance applies to any person in control of private property who knowingly hosts, permits, or allows a party, gathering, or event where minors are present and an alcoholic beverage is being consumed by any minor, where the person in control of the private property knows or reasonably should know that a minor has consumed an alcoholic beverage; and WHEREAS, it is the further intent of the Council to impose a duty on any person having control of any residence or other private property, place, or premises, including any commercial premises, who knowingly hosts, permits, or allows a party, gathering, or event, to take all reasonable steps to prevent the consumption of alcoholic beverages by any minor at the gathering; -PAGE 2 OF 8- 9-28 Ordinance No. NOW, THEREFORE, the City Council of the City ofChula Vista does hereby ordain as follows: SECTION I: That the Chula Vista Municipal Code be amended to add Chapter 9.14, Sections 9.14.010 through 9.14.070 to read as follows: Chapter 9.14 Alcohol Consumption bv Minors 9.14.010 Purpose and intent. The City Council finds and declares as follows: A. The City of Chula Vista. pursuant to the police powers delegated to it by the California Constitution and as a charter city. has the authority to enact laws that promote the public health. safety. and general welfare of its residents; B. The occurrence of parties. gatherings. or eyents on private property where alcoholic beyerages are consumed by minors. who are under the legal age to consume alcohol in the State of California. are harmful to the minors themselves and a threat to ~)Ublic health. safety. quiet enioyment of residential property. and general welfare: C. Minors often obtain alcoholic beverages at gatherings held at private residences or other private property. places. or premises. including rented commercial premises. which are under the control of a person who knows or should know of the consumption of alcoholic beverages by minors. D. Persons responsible for the occurrence of such gatherings often fail to take reasonable steps to prevent the consumption of alcoholic beverages by minors at these gatherings. -PAGE 3 OF 8- 9-29 Ordinance No. E. The ability of police officers to control gatherings on private property where alcoholic beverages are consumed bv minors is necessary when such activity is determined to be a threat to the peace. health. safety. or general welfare of the public. F. Gatherings involving consumption of alcohol bv minors. as defined bv this chapter. are unlawful and constitute a public nuisance pursuant to state law and provisions of this Municipal Code. G. The purpose and intent of this chapter is: (J) to protect public health. safety. and general welfare of people and premises in the city. including the quiet eniovment of residential and other private property: (2) to enforce laws prohibiting the consumption of alcohol bv minors: and (3) to reduce the costs of providing police services to parties. gatherings. or events requiring a response bv requiring the person who knowingly hosts. permits. or allows a party. gathering. or event to ensure minors are not consuming alcoholic beverages through criminal. civil. administrative. and other penalties as allowed bv state and local law. 9.14.020 Definitions. For purposes of Sections 9.14.010 through 9.14.070. the following definitions shall ill2lliY; "Alcohol" means ethyl alcohol. hydrated oxide of ethvl. or spirits of wine. from whatever source or bv whatever process produced. "Alcoholic beverage" includes alcohol. spirits. liquor. wine. beer. and everv liquid or solid containing alcohol. sPirits. wine. or beer. and which contains one-half of one (1) percent or more of alcohol bv volume and which is fit for beverage purposes either alone or when diluted. mixed. or combined with other substances. -PAGE 4 OF 8- 9-30 Ordinance No. "Gathering" is a party. gathering. or eyent. where a group of three or more persons haye assembled or are assembling for a social occasion or social actiyity. "Legal Guardian" means: (1) a person who. by court order. is the guardian of the person of a minor; or (2) a public or priyate agency with whom a minor has been placed by the court. "Minor" means any person under twenty-one years of age. "Parent" means a person who is a natural parent. adoptiye parent. foster parent. or stepparent of another person. "Premises" means any residence or other priyate property. place. or premises. including any commercial or business premises. "Response costs" are the costs associated with responses by law enforcement. fire. and other emergency response proyiders to a gathering. including but not limited to: (1) salaries and benefits of law enforcement. code enforcement. fire. or other emergency response personnel for the amount of time spent responding to. remaining at. or otherwise dealing with a gathering. and the administratiye costs attributable to such response(s): (2) the cost of any medical treatment for any law enforcement. code enforcement. fire. or other emergency response personnel iniured responding to. remaining at. or leaving the scene of a gathering; (3) the cost of repairing any city equipment or property damaged. and the cost of the use of any such equipment. in responding to. remaining at. or leaving the scene ofa gathering; and (4) any other allowable costs related to the enforcement of Sections 9.14.030 and 9.14.040. 9.14.030 Consumption of Alcohol by Minor Prohibited in Public Place, Place ODen to Public, or Place Not ODen to Public. Except as permitted by state law. it is unlawful for any minor to: -PAGE 5 OF 8- 9-31 Ordinance No. A. consume at anv public place or anv place open to the public anv alcoholic beverage; or B. consume at anv place not open to the public anv alcoholic beverage. unless in connection with the consumption of the alcoholic beverage that minor is being supervised bv his or her parent or legal guardian. 9.14.040 Hostin!!. Permittin!!. or AUowin!! a Party. Gatherin!!. or Event Where Minors Consumin!! Alcoholic Beverae:es Prohibited. A. Imposition of Dutv and Violation. 1. It is the dutv of anv person having control of anv premises. who knowinglv hosts. permits. or allows a gathering at said premises to take all reasonable steps to prevent the consumption of alcoholic beverages bv anv minor at the gathering. Reasonable steps are controlling access to alcoholic beverages at the gathering; controlling the quantity of alcoholic beverages present at the gathering; verifving the age of persons attending the gathering by inspecting drivers licenses or other government-issued identification cards to ensure that minors do not consume alcoholic beverages while at the gathering; and supervising the activities of minors at the gathering. 2. It is unlawful for anv person having control of anv premises to knowinglv host. permit. or allow a gathering to take place at said premises where at least one minor consumes an alcoholic beverage. whenever the person having control of the premises either knows a minor has consumed an alcoholic beverage or reasonablv should have known that a minor consumed an alcoholic beverage had the person taken all reasonable steps to prevent the consumption of an alcoholic beverage bv a minor as set forth in Subsection A.l of this section. -PAGE 6 OF 8- 9-32 Ordinance No. B. This section shall not applv to conduct involving the use of alcoholic beverages that occurs exclusivelv between a minor and his or her parent or legal guardian. as permitted bv Article L Section 4. of the California Constitution. C. This section shall not applv to anv California Department of Alcoholic Beverage Control licensee at anv premises regulated bv the Department of Alcoholic Beverage Control. 9.14.050 Mandatorv Minimum Fines. Criminal violations of Sections 9.14.030 and 9.14.040 shall be punishable. on a first offense. bv a mandatorv minimum fine of$IOO.OO. plus statutory penaltv assessments. with neither fine nor assessments staved or suspended. and. on second and subsequent offenses. bv a fine of $200.00. plus statutory penalty assessments. with neither fine nor assessments staved or suspended. Notwithstanding other provisions of the Municipal Code. violations of the provisions of this chapter mav also be subiect to an administrative fine of $ LOOO per incident. as allowed bv Section 9.14.060. The administrative fine shall constitute a debt of the responsible person to the City. and shall be pavable to the Citv in the manner provided in CVMC Chapters 1.40 and 1.41 and other applicable law. If the responsible person is a minor. the parent or guardian of the minor shall be iointlv and severallv liable under this section. 9.14.060 Reservation of Lel!al Options. Violations of Sections 9.14.030 and 9.14.040 mav be prosecuted bv the City ofChula Vista. in the name of the People of the State of California. criminallv. civillv. and/or administrativelv as provided bv the Municipal Code. The Citv ofChula Vista mav seek administrative fees and response costs associated with enforcement of Sections 9.14.030 and 9.14.040. through all remedies or procedures provided bv statute. ordinance. or law. Sections -PAGE 7 OF 8- 9-33 Ordinance No. 9.14.030 and 9.14.040 shall not limit the authority of peace officers or private citizens to make arrests for any criminal offense arising out of conduct regulated bv Sections 9.14.030 and 9.14.040. nor shall they limit the City ofChula Vista's or the People of the State of California's ability to initiate and prosecute any criminal offense arising out of the same circumstances necessitating the application of Section 9.14.030 or 9.14.040. 9.14.070 Local Authoritv. Sections 9.14.010 through 9.14.060 shall not apply where prohibited or preempted bv state or federal law. SECTION II: Effective Date. This Ordinance shall take effect and be in force thirty days after its fmal passage. Presented by Approved as to form by Richard P. Emerson Chief of Police C;;/!?t/~~ ;, . Moore City Attorney J:\AttomeyVDA WSON\Ordinances\Social Host (REDLINE-SOL 04-17..Q7.doc -PAGE 8 OF 8- 9-34 ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 9 OF THE CHULA VISTA MUNICIPAL CODE BY ADDING CHAPTER 9.14, SECTIONS 9.14.010 THROUGH 9.14.070, MAKING IT UNLAWFUL FOR MINORS TO CONSUME ALCOHOLIC BEVERAGES, AND FOR PERSONS TO HOST, PERMIT, OR ALLOW GATHERINGS WHERE MINORS ARE CONSUMING ALCOHOLIC BEVERAGES WHEREAS, the City ofChula Vista, pursuant to the police powers delegated to it by the California Constitution and as a charter city, has the authority to enact laws that promote the public health, safety, and general welfare of its residents; and WHEREAS, the City ofChula Vista, acting through the City Council [the Council] finds that parties, gatherings, or events [gatherings] on private property where alcoholic beverages are consumed by minors, who are under the legal age to consume alcohol in the State of California, are harmful to the minors themselves and a threat to public health, safety, quiet enjoyment of residential property, and general welfare; and WHEREAS, the Council finds that minors often obtain alcoholic beverages at gatherings held at private residences or other private property, places, or premises, including rented commercial premises, which are under the control of a person who knows or should know of the consumption of alcoholic beverages by minors; further, the Council finds that persons responsible for the occurrence of such gatherings often fail to take reasonable steps to prevent the consumption of alcoholic beverages by minors at these gatherings; and WHEREAS, control of gatherings on private property where alcoholic beverages are consumed by minors is necessary when such activity is determined to be a threat to the peace, health, safety, or general welfare of the public; and 9-35 Ordinance No. WHEREAS, police officers often are required to make multiple responses to the location of a gathering where alcoholic beverages are consumed by minors in order to disperse uncooperative participants, causing a drain on public safety resources and in some cases, leaving other areas of the City with delayed police response; and WHEREAS, problems associated with gatherings where alcoholic beverages are consumed by minors are difficult to prevent and deter unless the City ofChula Vista Police Department has the legal authority to arrest offenders and direct the host to disperse the gathering; and WHEREAS, police ability to abate gatherings on private property where alcohol is consumed by minors will result in a decrease in abuse of alcohol by minors, physical altercations and injuries, neighborhood vandalism, and excessive noise disturbance, thereby improving public safety; and WHEREAS, it is the intent of the Council that liability under this Ordinance applies to any person in control of private property who knowingly hosts, permits, or allows a party, gathering, or event where minors are present and an alcoholic beverage is being consumed by any minor, where the person in control of the private property knows or reasonably should know that a minor has consumed an alcoholic beverage; and WHEREAS, it is the further intent of the Council to impose a duty on any person having control of any residence or other private property, place, or premises, including any commercial premises, who knowingly hosts, permits, or allows a party, gathering, or event, to take all reasonable steps to prevent the consumption of alcoholic beverages by any minor at the gathering; -PAGE 2 OF 8- 9-36 Ordinance No. NOW, THEREFORE, the City Council of the City ofChula Vista does hereby ordain as follows: SECTION I: That the Chula Vista Municipal Code be amended to add Chapter 9.14, Sections 9.14.010 through 9.14.070 to read as follows: Chapter 9.14 Alcohol Consumption by Minors 9.14.010 Purpose and intent. The City Council finds and declares as follows: A. The City ofChula Vista, pursuant to the police powers delegated to it by the California Constitution and as a charter city, has the authority to enact laws that promote the public health, safety, and general welfare of its residents; B. The occurrence of parties, gatherings, or events on private property where alcoholic beverages are consumed by minors, who are under the legal age to consume alcohol in the State of California, are harmful to the minors themselves and a threat to public health, safety, quiet enjoyment of property, and general welfare; C. Minors often obtain alcoholic beverages at gatherings held at private residences or other private property, places, or premises, including rented commercial premises, which are under the control of a person who knows or should know of the consumption of alcoholic beverages by minors. D. Persons responsible for the occurrence of such gatherings often fail to take reasonable steps to prevent the consumption of alcoholic beverages by minors at these gatherings. -PAGE 3 OF 8- 9-37 Ordinance No. E. The ability of police officers to control gatherings on private property where alcoholic beverages are consumed by minors is necessary when such activity is determined to be a threat to the peace, health, safety, or general welfare of the public. F. Gatherings involving consumption of alcohol by minors, as defined by this chapter, are unlawful and constitute a public nuisance pursuant to state law and provisions of this Municipal Code. G. The purpose and intent of this chapter is: (1) to protect public health, safety, and general welfare of people and premises in the city, including the quiet enjoyment of property; (2) to enforce laws prohibiting the consumption of alcohol by minors; and (3) to reduce the costs of providing police services to parties, gatherings, or events requiring a response by requiring the person who knowingly hosts, permits, or allows a party, gathering, or event to ensure minors are not consuming alcoholic beverages through criminal, civil, administrative, and other penalties as allowed by state and local law. 9.14.020 Definitions. For purposes of Sections 9.14.010 through 9.14.070, the following definitions shall apply: "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. "Alcoholic beverage" includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one (i) percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. -PAGE 4 OF 8- 9-38 Ordinance No. "Gathering" is a party, gathering, or event, where a group of three or more persons have assembled or are assembling for a social occasion or social activity. "Legal Guardian" means: (I) a person who, by court order, is the guardian of the person of a minor; or (2) a public or private agency with whom a minor has been placed by the court. "Minor" means any person under twenty-one years of age. "Parent" means a person who is a natural parent, adoptive parent, foster parent, or stepparent of another person. "Premises" means any residence or other private property, place, or premises, including any commercial or business premises. "Response costs" are the costs associated with responses by law enforcement, fire, and other emergency response providers to a gathering, including but not limited to: (I) salaries and benefits of law enforcement, code enforcement, fire, or other emergency response personnel for the amount of time spent responding to, remaining at, or otherwise dealing with a gathering, and the administrative costs attributable to such response(s); (2) the cost of any medical treatment for any law enforcement, code enforcement, fire, or other emergency response personnel injured responding to, remaining at, or leaving the scene of a gathering; (3) the cost of repairing any city equipment or property damaged, and the cost of the use of any such equipment, in responding to, remaining at, or leaving the scene of a gathering; and (4) any other allowable costs related to the enforcement of Sections 9.14.030 and 9.14.040. 9.14.030 Consumption of Alcohol by Minor Prohibited in Public Place, Place Open to Public, or Place Not Open to Public. Except as permitted by state law, it is unlawful for any minor to: -PAGE 5 OF 8- 9-39 Ordinance No. A. consume at any public place or any place open to the public any alcoholic beverage; or B. consume at any place not open to the public any alcoholic beverage, unless in connection with the consumption of the alcoholic beverage that minor is being supervised by his or her parent or legal guardian. 9.14.040 Hosting, Permitting, or Allowing a Party, Gathering, or Event Where Minors Consuming Alcoholic Beverages Prohibited. A. Imposition of Duty and Violation. I. It is the duty of any person having control of any premises, who knowingly hosts, permits, or allows a gathering at said premises to take all reasonable steps to prevent the consumption of alcoholic beverages by any minor at the gathering. Reasonable steps are controlling access to alcoholic beverages at the gathering; controlling the quantity of alcoholic beverages present at the gathering; verifying the age of persons attending the gathering by inspecting drivers licenses or other government-issued identification cards to ensure that minors do not consume alcoholic beverages while at the gathering; and supervising the activities of minors at the gathering. 2. It is unlawful for any person having control of any premises to knowingly host, permit, or allow a gathering to take place at said premises where at least one minor consumes an alcoholic beverage, whenever the person having control of the premises either knows a minor has consumed an alcoholic beverage or reasonably should have known that a minor consumed an alcoholic beverage had the person taken all reasonable steps to prevent the consumption of an alcoholic beverage by a minor as set forth in Subsection A.I of this section. -PAGE 6 OF 8- 9-40 Ordinance No. B. This section shall not apply to conduct involving the use of alcoholic beverages that occurs exclusively between a minor and his or her parent or legal guardian, as permitted by Article I, Section 4, ofthe California Constitution. C. This section shall not apply to any California Department of Alcoholic Beverage Control licensee at any premises regulated by the Department of Alcoholic Beverage Control. 9.14.050 Mandatory Minimum Fines. Criminal violations of Sections 9.14.030 and 9.14.040 shall be punishable, on a first offense, by a mandatory minimum fine of$IOO.OO, plus statutory penalty assessments, with neither fine nor assessments stayed or suspended, and, on second and subsequent offenses, by a mandatory minimum fine of$200.00, plus statutory penalty assessments, with neither fine nor assessments stayed or suspended. Notwithstanding other provisions of the Municipal Code, violations of the provisions of this chapter may also be subject to an administrative fine of $1,000 per incident, as allowed by Section 9.14.060. The administrative fine shall constitute a debt of the responsible person to the City, and shall be payable to the City in the manner provided in CVMC Chapters 1.40 and 1.41 and other applicable law. If the responsible person is a minor, the parent or guardian of the minor shall be jointly and severally liable under this section. 9.14.060 Reservation of Legal Options. Violations of Sections 9.14.030 and 9.14.040 may be prosecuted by the City ofChula Vista, in the name of the People of the State of California, criminally, civilly, and/or administratively as provided by the Municipal Code. The City ofChula Vista may seek administrative fees and response costs associated with enforcement of Sections 9.14.030 and -PAGE 7 OF 8- 9-41 Ordinance No. 9.14.040, through all remedies or procedures provided by statute, ordinance, or law. Sections 9.14.030 and 9.14.040 shall not limit the authority of peace officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by Sections 9.14.030 and 9.14.040, nor shall they limit the City ofChula Vista's or the People of the State of California's ability to initiate and prosecute any criminal offense arising out of the same circumstances necessitating the application of Section 9.14.030 or 9.14.040. 9.14.070 Local Authority. Sections 9.14.010 through 9.14.060 shall not apply where prohibited or preempted by state or federal law. SECTION II: Effective Date. This Ordinance shall take effect and be in force thirty days after its final passage. Presented by Approved as to form by Cjg-fv~~~r7 n Moore (/ City Attorney Richard P. Emerson Chief of Police J:\AttomeyVDA WSON\Ordinances\Social Host (REDLlNE-SO)_04-17~07.doc -PAGE 8 OF 8- 9-42 CITY COUNCIL AGENDA STATEMENT ~'i~ CllYOF -<:-<:-<-'/, CHUIA VISTA APRIL 17,2007, Item---.i(L ITEM TITLE: PUBLIC HEARING: REGARDING THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER OCCUPIED PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION RESOLUTION NO. ASSESSING CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER OCCUPIED PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL SUBMITTED BY: REVIEWED BY: DIRECTOR OF FINANCE/T~SURE~ INTERIM CITY MANAGER l 4/STHS VOTE: YES D NO ~ BACKGROUND In order to adequately protect the City's interest in delinquent sewer service charges and ensure that collection efforts are directed towards the responsible property owner in the event of a change in ownership, staff is recommending approval of liens against affected properties as a preliminary action to replacing the delinquencies on the property tax rolls if they remain unpaid. Adoption of this resolution will enhance the collection process for delinquent sewer service charges by ensuring that the correct property owners are charged and that payments will be received on a timely basis. This is the identical process approved by City Council since August 1998, RECOMMENDATION That Council open the public hearing to consider assessing delinquent sewer service charges as recorded liens on the affected properties, consider all testimony and adopt the resolution overruling all protests, approving all delinquent amounts, assessing these delinquent charges as liens upon the 10-1 APRIL 17, 2007, 1tem~ Page 2 of3 respective owner occupied parcels of land and placing these charges on the next regular tax bill for collection. BOARDS/COMMISSION RECOMMENDATION: Not Applicable DISCUSSION The Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the property tax bills for collection. The ordinance states that upon notification of the property owners, a public hearing is set for sewer service accounts which are over sixty days delinquent. At the hearing, the City Council considers the delinquent accounts together with any objections or protests by interested parties. At the conclusion of the hearing, the City Council, may either approve the delinquency and amount owed on the accounts as submitted or as modified or corrected by the City Council. Lastly, the City Council adopts a resolution assessing such amounts as recorded liens upon the respective parcels of land, and the amounts are charged to the property owners on the next regular property tax bill. Because charges can only be submitted for placement on the property tax bills once a year in August. staff is recommending assessing liens on the affected properties midyear as to better ensure the City's chances for collection. If the City were to address these delinquent charges only once a year in August. the effectiveness of using the property tax bill as a means of collection would be significantly reduced as the owners of record in August would not necessarily be the people responsible for the delinquent charges. In cases where the properties are sold or transferred, assessing liens midyear holds the correct parties responsible for the delinquent charges. In cases where the property owners choose to refinance their mortgages, the midyear liens would ensure the City receiving payments in a timely manner as the delinquent charges would be paid through escrow during the refinancing process. In December 2006, City Council approved liens for 146 delinquent sewer service accounts valued at $50,259 to be forwarded to the County for collection on the next regular property tax bill. Staff recently identified 449 owner occupied accounts totaling $121,200 as being over 60 days delinquent and through preliminary collection efforts, 109 accounts have been resolved, and the remaining 340 accounts valued at $110,000 are now being submitted (listing available at the Finance Department). Many of these property owners have gone through this lien process previously as they continue to leave their sewer service accounts unpaid. These property owners have been notified of their delinquencies within the last 60 days, and two weeks ago, they were notified of the public hearing and were asked again to pay their delinquent sewer service charges to avoid a lien being placed on their property. Payment arrangements will be set up as needed, and 10-2 APRIL 17, 2007, Item~ Page 3 of3 staff will continue to update this list as payments are received and accounts are cleared. A final list will be submitted to the City Council for consideration on the day of the public hearing in order to reflect the most current payment postings. Staff is recommending that the City Council approve the final list of delinquent sewer accounts as submitted, and that these charges be forwarded to the County and assessed as liens on the respective owner occupied parcels of land and ultimately placed on the next regular tax bill for collection. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the properties which are the subject of this action. FISCAL IMPACT By placing delinquent sewer service charges on the property owner's regular tax bill, the City should realize approximately $225,000 in additional sewer fund revenues for FY06-07. From this action alone, the City should realize approximately $110,000 in revenues. Prepared by: Nadine MandelY, TreasUlY Manager, Finance Department 10-3 Account # Balance Due 23426003 $ 257.95 23817404 $ 122.47 23818204 $ 271.88 23855001 $ 244.94 24014201 $ 327.61 25031604 $ 357.95 32950608 $ 357.95 34721003 $ 283.00 34911402 $ 670.27 35559405 $ 251.34 358730011 $ 356.59 36038206 $ 521.24 360534022 $ 298.90 36443809 $ 421.14 36445805 $ 318.13 36619400 $ 357.31 36817006 $ 137.81 37011004 $ 289.40 37054603 $ 120.13 37055001 $ 214.00 37626603 $ 160.69 37644205 $ 225.96 37817801 $ 436.94 38027002 $ 205.59 39252602 $ 383.32 349398021 $ 232.74 39417402 $ 310.17 39427801 $ 174.50 39612603 $ 583.69 38668609 $ 194.48 3963500 $ 330.35 39656900 $ 231.93 39657402 $ 470.13 40261804 $ 111.34 40317005 $ 332.90 40325401 $ 338.23 ~ {f?. ~ ~-5:~~ - --~ CllY OF CHUlA VlsrA Finance Department Collections Unit Accounts with Notice of Public Hearing Sent Delinquent Sewer 04/10/2007 1 10-4 40433806 $ 198.83 40831403 $ 235.41 40833001 $ 54\.89 40635809 $ 169.57 40907406 $ 20\.93 41030203 $ 280.30 41119803 $ 288.60 41231004 $ 150.98 412596014 $ 380.48 412616012 $ 226.88 416534013 $ 244.50 419110014 $ 36\.05 42045804 $ 225.25 42121006 $ 244.32 42227007 $ 198.83 42409003 $ 402.63 42416606 $ 558.28 42513800 $ 320.47 43716203 $ 302.78 43716609 $ 222.68 43717802 $ 215.38 43723802 $ 458.15 437470014 $ 251.55 43759400 $ 363.02 44511003 $ 111.34 44713003 $ 473.55 46128602 $ 268.88 47031005 $ 280.30 46132603 $ 215.37 46706206 $ 324.20 46743403 $ 297.74 47108605 $ 227.32 47117007 $ 170.34 47129402 $ 184.20 47308602 $ 330.03 47339801 $ 407.35 47522207 $ 235.41 47715408 $ 199.61 47911007 $ 235.48 48115401 $ 25\.66 48121007 $ 147.18 48122604 $ 206.15 48320608 $ 370.86 490134010 $ 308.57 490186026 $ 263.09 49046608 $ 244.50 49057406 $ 575.37 49063008 $ 220.78 496082011 $ 182.36 496290012 $ 206.15 49827001 $ 152.34 607338010 $ 18\.86 2 10-5 60755801 60760201 609510011 61525807 61536602 62141800 62161008 623182013 623210014 62361006 62367002 62407803 62460203 62468203 62626201 63219050 63248205 63248601 63625804 63645802 63657001 64219402 64341002 64533403 645546013 647074011 64712609 64745003 65130602 65163006 65733401 66543401 66555003 66715803 66723403 66755401 66756206 66941000 67119402 6713500 675078014 67521006 67542604 67721007 67752204 681246018 68305003 68327004 68523002 68706605 68723601 68908210 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 287.26 638.66 258.84 361.05 234.80 326.06 338.57 333.64 235041 351.34 479.77 179.09 322.20 310.14 345.15 2,506.11 121.56 449.55 186.24 197.70 213047 154.94 328045 184.20 323.39 273.08 380.63 220.78 586.22 350.79 468046 306.53 243.00 615.11 271.99 349.93 458.15 209.21 647.03 204.54 270.34 203 Al 243.88 187.09 154.10 286.38 169.74 140.61 205.67 351.13 496.48 169.57 3 10-6 69019802 69207800 69228607 69317401 69358603 69435008 69538209 744302010 745102010 74733803 747422011 747466011 74750205 74751403 74865609 752078014 752166010 75236202 75322203 75780203 76152720 68516209 667106012 364346013 360066021 360062048 45423803 42453007 64224201 42412207 360074019 37818701 33233802 74809803 422234025 43538208 67921003 479246017 36420601 62609802 60750608 43740201 68153003 67161402 40244604 411306013 36047405 376110022 623130012 39724608 38450603 67941004 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 215.52 179.45 169.57 734.43 612.36 246.95 225.89 550.07 293.06 194.31 481.47 248.51 242.73 288.83 205.24 220.61 362.83 308.46 259.36 210.67 7,201.86 264.68 526.86 417.14 247.31 238.30 554.45 345.15 147.62 442.41 385.77 423.51 356.99 108.18 250.19 354.84 302.78 281.03 175.86 176.89 510.57 169.61 196.02 147.40 190.03 245.98 244.42 515.93 326.55 401.27 347.40 458.16 4 10-7 45433006 $ 320.08 355254013 $ 222.30 435146014 $ 322.20 39048203 $ 515.17 68540602 $ 559.47 64459201 $ 335.50 74413408 $ 237.72 60716202 $ 235.46 396398027 $ 274.50 34965403 $ 373.90 63433405 $ 174.46 69628203 $ 250.05 24035002 $ 517.48 66736208 $ 356.28 36428602 $ 216.92 61523003 $ 191.52 69211806 $ 310.43 649090017 $ 127.65 65123404 $ 273.03 39022605 $ 610.88 39019803 $ 168.27 67909802 $ 345.15 358458023 $ 153.87 64225801 $ 234.66 61531805 $ 507.21 34714209 $ 248.13 74854405 $ 184.20 621694014 $ 302.78 465442022 $ 550.36 66941807 $ 282.95 23631004 $ 357.95 69147803 $ 482.71 67908601 $ 345.15 72157805 $ 345.15 35558603 $ 595.53 69314607 $ 313.61 69435801 $ 522.68 404094018 $ 393.02 34947405 $ 191.81 36641403 $ 342.42 41313404 $ 335.88 33207803 $ 246.10 402498012 $ 200.71 416122014 $ 518.05 647394012 $ 198.71 61205801 $ 186.24 67531809 $ 290.25 757662010 $ 176.89 424482019 $ 257.36 74850804 $ 169.80 66954603 $ 229.98 470202023 $ 349.93 5 10-8 64708202 $ 518.42 37307805 $ 331.47 3965380\1 $ \81.48 62468602 $ \91.52 642\\003 $ 283.82 42430605 $ 477.84 67\4\80\4 $ 200.7\ 75782604 $ 278.7\ 3665460\7 $ 2\4.00 6853740\3 $ 249.29 68\3980\6 $ 327.87 68329403 $ 288.65 63656202 $ 298.08 74856009 $ 345.\5 46\23004 $ 3\8.96 63244608 $ 429.05 4\95\00\ $ 359.88 411\020\2 $ 524.38 65727402 $ 200.7\ 4\433403 $ 345.\5 64239403 $ 408.03 7576180\4 $ 427.92 358454022 $ \52.86 667262010 $ 347.91 68\2\404 $ 359.35 683\8603 $ \60.93 7530780\ $ \4\.04 2380940\0 $ 425.99 366574020 $ 466.49 382230\2 $ 2\7.72 360246046 $ 222.63 360250029 $ 245.39 240\5806 $ \85.77 685\660\ $ 457.77 64733803 $ 270.34 68519403 $ 258.82 66967802 $ 296.96 40826604 $ 338.38 66748208 $ \80.82 46718209 $ 431.80 46718209 $ 499.26 3824940 \5 $ 206.20 74836004 $ \69.82 4703\80\8 $ 276.\9 4\307402 $ 433.77 67716608 $ 270.34 4\3470011 $ 463.42 37808204 $ 413.36 74729003 $ 270.34 40342204 $ 198.83 64326609 $ 338.38 42515402 $ 338.38 6 10-9 423136029 $ 270.34 685330015 $ 257.22 752482011 $ 186.89 67133803 $ 356.88 64539803 $ 170.42 83811804 $ 274.24 67170208 $ 212.24 69325401 $ 270.34 45141804 $ 321.11 38861002 $ 292.88 757822011 $ 198.83 75320201 $ 283.31 68323004 $ 198.83 372186016 $ 206.20 62655002 $ 198.83 630298018 $ 198.83 69219802 $ 270.34 63247404 $ 167.32 66962209 $ 201.98 386530018 $ 222.40 68926608 $ 202.50 479086022 $ 198.83 37048204 $ 218.70 41409403 $ 195.94 47328205 $ 250.05 39641801 $ 400.04 647226011 $ 290.25 445146011 $ 361.04 40935001 $ 276.71 62411401 $ 354.24 64534603 $ 189.22 43721405 $ 198.83 60912202 $ 204.99 83809002 $ 134.69 236294010 $ 361.06 46125008 $ 273.64 47727406 $ 227.40 632430014 $ 302.78 74711802 $ 233.10 62312604 $ 180.92 68152209 $ 147.62 69110602 $ 182.60 24820501 $ 357.95 35811402 $ 261.52 Total # of Accts 340 $ 110,012.55 7 10-10 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER OCCUPIED PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION WHEREAS, Chula Vista Municipal Code section 13.14.150 allows delinquent sewer service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the property tax bills for collection; and WHEREAS, the ordinance states that, upon notification of the property owners, a public hearing may be set for sewer service accounts which are over sixty days delinquent; and WHEREAS, at the hearing, the City Council considers the delinquent accounts together with any objections or protests by interested parties; and WHEREAS, at the conclusion of the hearing, the City Council may either approve the delinquency and amount owed on the accounts as submitted, or as modified or corrected by the City Council; and WHEREAS, many of these property owners have gone through this lien process previously as they continue to leave their sewer service accounts unpaid; and WHEREAS, these property owners have been notified of their delinquencies within the last sixty days, were notified of the public hearing, and were again asked to pay their delinquent sewer service charges to avoid a lien being placed on their property; and WHEREAS, staff is recommending that the City Council approve the final list of delinquent sewer accounts as submitted, and that these charges be forwarded to the County and assessed as liens on the respective owner occupied parcels of land and ultimately placed on the next regular tax bill for collection. 10-11 Resolution No. 2007- Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista that it (I) conducts the public hearing to consider assessing delinquent sewer service charges as recorded liens on the affected propeliies; (2) overrules any and all protests or objections presented at the public hearing; and (3) approves the delinquent account list submitted to the City Council and on file in the City Finance Department, assessing delinquent sewer service charges as recorded liens Llpon the respective owner occupied parcels of land and the placement of such delinquent charges as special assessments on the next corresponding regular tax bills, unless cleared prior to transmittal of the delinquent account list to the County. Presented by Approved as to fonn by Maria Kachadoorian Director of Fiuance l-f!~-- tL,A~ Ann Moore City Attorney .I:' .\l(()I"Il~y\RES()\I;IN^NCE\^sseSSlllelll (Ji' Delinquent Sewer Service Charges_04-17-07.DOC 10-12 ~! ~lNv 8 J {) 0 l/ t1-1??t/ H3Aoa 03 alAva nOA >lNVH~ O'IHcIV NO HV3A ~SV' 3snOH SIH~ a3SVH~Hnd I oLOO'2 '9'2 H~HVW 'I~Nn dn A~W3 SVM ~33H~S >I L'2L SS3Hoav AW ONOUVZIHOH~nv AW ~nOH~IM dn a3Nf>IS SVM I ~VH~ aNY a3sn H3A3N I ~VH~ 3~IAH3S HO.:l SH~NOW 8 alVd I ~VH~ ~V.:I 3H~ NOI~N3W 3S O~ OS'V ~NVM I oa3A13~3H I ~VH~ 3~IOANI 3H~ NO a'o~ SVM I SV LOO'2 'LL 'IHdV AVOO~ f>NU33W 3H~ NO NOI~M ~~9th~3U3' SIH~ ~NVM I '.Ld3G 33N'IINIJ Q3^13:>3H 1//0\ "S~ ITEM TITLE: SUBMITTED BY: REVIEWED BY: CITY COUNCIL AGENDA STATEMENT ~\'f:. CllY OF '~CHULA VISTA APRIL 17, 2007, Item-LL PUBLIC HEARING: REGARDING THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES OF THE NEXT REGULAR TAX BILL FOR COLLECTION RESOLUTION NO. ASSESSING CERTAIN 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 DIRECTOR OF FINANCE/Tl~SURER~ INTERIM CITY MANAGER (/ 4/5THS VOTE: YES D NO 0 BACKGROUND 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 is recommending approval for liens against affected properties as a preliminary action to placing the delinquencies on the property tax rolls if they remain unpaid. Adoption of this resolution will enhance the collection process for delinquent solid waste service charges by reducing the amount of uncollectible losses and ensure that payment will be received on a more timely basis. This is the identical process approved by City Council on a regular basis since mid- 2001. RECOMMENDATION That Council open the public hearing to consider assessing delinquent solid waste service charges as recorded liens on the affected properties, consider all testimony, and adopt the resolution overruling all protests, approving all delinquent amounts, assessing these delinquent charges as liens upon the respective parcels of land and placing these charges on the next regular tax bill for collection. BOARDS/COMMISSION RECOMMENDATION: Not Applicable 11-1 APRIL 17,2007, Itemll-- Page 2 of3 DISCUSSION In November 1998, City Council amended Municipal Code Section 8.24 to eliminate suspension of solid waste service for nonpayment. To ensure that all residents pay their fair share of the costs of this program, the ordinance allows delinquent solid waste service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the property tax bills for collection. The ordinance states that upon notification of the property owners, a public hearing is set for solid waste service accounts that are over ninety days delinquent. At the hearing the City Council considers the delinquent accounts together with any objections or protests by interested parties. At the conclusion of the hearing, the City Council, may either approve the delinquency and amount owed on the accounts as submitted or as modified or corrected by the City Council. Lastly, the City Council adopts a resolution assessing such amounts as recorded liens upon the respective parcels of land, and the amounts are charged to the property owners on the next regular property tax bill. As these amounts are collected, the monies are remitted to Allied Waste Services less the City's Franchise Fees, AB939 fees and late charges. Because charges can only be submitted for placement on the property tax bills once a year in August, staff is recommending assessing liens on the affected properties midyear as to better ensure the City's chances for collection. If the City were to address these delinquent charges only once a year in August, the effectiveness of using the property tax bill as a means of collection would be significantly reduced as the owners of record in August would not necessarily be the people responsible for the delinquent charges. In cases where properties are sold or transferred, assessing liens midyear holds the correct parties responsible for the delinquent charges. In cases where property owners choose to refinance their mortgages, the midyear liens will ensure the City receiving payment in a more timely manner as the delinquent charges would be paid through escrow during the refinancing process. In December 2006, City Council approved 421 delinquent accounts valued at $52,400 to be placed on the property tax bills for collection. Since then, Allied Waste Services has identified and submitted an additional 1,956 delinquent accounts valued at over $186,100 to the city for collection. Through the City's preliminary collection efforts, 1,179 accounts have been resolved, and the remaining 777 accounts valued at $102,700 are now being submitted (listing available at the Finance Department). The account status and property ownership on these accounts have been verified by both Allied Waste and City staff. Many of these delinquent accounts have gone through the lien process before as they continue to remain unpaid. These property owners were notified of their delinquencies through a series of past due notices sent by Allied Waste until they were ultimately submitted to the City for collection. City staff sent out past due letters within the past 60 days, and two weeks ago, these property owners were notified of the public hearing and were asked to pay their delinquent solid waste service charges prior to transmittal of the delinquent account list to the County to avoid a lien being placed on their property. City staff has been working 11-2 APRIL 17,2007, Item-U- Page 3 oB with Allied Waste to resolve any customer disputes as they arise and payment arrangements have been set up as needed. Staff will continue to update this list as payments are received and accounts are cleared. A final list will be submitted to the City Council for consideration on the day of the public hearing in order to reflect the most current payment postings. Staff is recommending that the City Council approve the final list of delinquent solid waste accounts as submitted, and that these charges be forwarded to the County and assessed as recorded liens on the respective parcels of land and ultimately placed on the next regular tax bill for collection. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the properties which are the subject of this action. FISCAL IMPACT By using the property tax bill as the ultimate collection method for delinquent solid waste service charges, the City should realize a total of approximately $50,000 in Franchise Fees, AB939 Fees and late charges for FY 06-07. From this action alone, the City should realize approximately $18,500 in revenues with $84,200 being forwarded to Allied Waste Services. Prepared by: Nadine Mandery, Treasury Manager, Finance Department 11-3 April 10, 2007 Account 174169 105526 181571 180480 71637 116802 64988 168482 95717 138001 172263 176013 127012 30336 48841 105793 124845 22895 170510 171094 180643 100843 83455 180565 173978 140717 1 03097 162844 92434 92436 165104 180553 37278 174809 181224 164867 ~Vt- ~ ~","",,=--~ - ~--~ CllY OF CHULA VISTA Finance Deoartment Collections Unit Accounts With Notice Of Public Hearing Sent Balance Due $213.15 $82.12 $157.75 $204.17 $222.01 $174.98 $174.98 $174.98 $299.97 $174.98 $148.45 $148.45 $79.32 $205.07 $249.08 $148.45 $103.43 $130.02 $228.51 $88.51 $78.52 $221 .96 $197.01 $103.95 $92.59 $103.95 $174.98 $86.07 $183.04 $183.04 $114.01 $205.18 $174.98 $95.43 $194.00 $96.90 11-4 Page 1 of 22 April 10, 2007 Account 181595 135521 29536 22489 111870 67441 154961 171989 33944 47629 34856 116996 180204 171105 176368 94352 177856 132447 136511 136212 173300 148857 124573 176678 32887 180830 163803 135064 108055 25616 47906 70234 181458 145974 148712 163132 ~v?- :- .J'It ~ ~ - - -- ~~~...c= ~- ~~ CllY OF CHUlA VISTA Finance Deoartment Collections Unit Accounts With Notice Of Public Hearing Sent Balance Due $107.98 $174.98 $107.98 $148.45 $248.89 $183.04 $107.98 $197.01 $82.12 $107.98 $96.89 $181.44 $174.98 $174.98 $92.86 $82.12 $107.99 $101.37 $96.90 $107.98 $92.86 $96.90 $82.12 $92.49 $174.98 $333.32 $197.01 $144.06 $96.90 $82.12 $262.63 $92.86 $102.53 $92.86 $103.90 $174.98 11-5 paae 2 of 22 April 10, 2007 Account 147816 138215 22862 86970 175204 103594 95461 159527 182093 26949 146022 152248 145480 168514 147577 92996 180144 145044 150963 183630 27691 181457 128248 174712 130161 180409 164284 130873 102251 181708 93354 172085 167253 150115 149396 150243 ~v?- ~ ~----~ ~-~~ OlY OF CHUlA VISTA Finance Deoartment Collections Unit Accounts With Notice Of Public Hearing Sent Balance Due $130.02 $96.89 $174.98 $100.17 $92.40 $92.86 $92.87 $86.15 $153.31 $82.12 $227 .35 $92.86 $92.87 $107.43 $237.70 $174.98 $306.08 $92.86 $103.01 $99.48 $183.04 $80.93 $174.98 $81.75 $103.95 $78.52 $107.98 $205.07 $107.98 $92.87 $93.06 $96.90 $206.08 $67.93 $82.12 $82.55 11-6 Paae 3 of 22 April 10, 2007 Account 46803 109859 20319 147976 111091 166943 129237 133878 164965 107000 136570 179623 124072 154634 171874 159894 182622 97515 172084 142301 142806 90959 101641 114244 113352 169183 162992 24770 101684 73650 150542 174391 101894 142574 96370 103909 ~v?- ~ ~---:::~ ~- ~- CllY OF CHUlA VISTA Finance Deoartment Collections Unit Accounts With Notice Of Public Hearing Sent Balance Due $96.90 $96.89 $107.98 $92.87 $103.95 $78.52 $92.86 $92.87 $92.87 $82.12 $92.87 $92.87 $78.52 $174.98 $92.86 $181.28 $139.70 $92.54 $92.87 $160.40 $203.44 $135.55 $71.95 $183.04 $96.90 $93.06 $191.10 $226.87 $299 .97 $174.98 $122.67 $96.90 $130.02 $107.98 $114.91 $103.95 11-7 PBlle40f 22 April 10, 2007 Account 170008 157004 168880 15349 154622 91994 165293 166564 21601 92895 183658 134924 148740 104898 34807 86635 156749 176281 175813 157714 157707 25316 84439 166606 148344 148356 165087 177995 166449 166448 29136 131440 1 17850 85363 157642 8498 ~V?- ii!III!i!iii ....:;:~--~ ~-~~ OlY OF CHULA VISTA Finance DeDartment Collections Unit Accounts With Notice Of Public Hearing Sent Balance Due $107.98 $131.05 $85.27 $107.98 $107.98 $86.15 $96.90 $127.98 $174.98 $174.98 $107.98 $174.98 $92.86 $150.63 $128.34 $21.02 $130.88 $92.87 $92.87 $136.90 $226.14 $174.98 $205.07 $226.87 $92.86 $97.09 $107.98 $1 07.98 $178.74 $138.95 $107.98 $1 07.80 $96.40 $365.92 $103.95 $107.98 11-8 Page 5 of 22 April 10, 2007 Account 169500 157939 181465 34357 136964 35861 46809 93046 83190 35945 93078 64382 142087 93094 114889 125125 174663 119428 109406 159368 132155 73017 92017 163542 36136 182250 119549 177408 159669 163970 176406 182919 106071 158950 170987 154439 ~y~ ~ ~--~~ --- ~- CllY OF CHULA VISTA Finance Deoartment Collections Unit Accounts With Notice Of Public Hearing Sent Balance Due $197.01 $175.92 $215.99 $94.98 $197.01 $102.16 $78.52 $184.98 $75.92 $183.04 $183.04 $183.04 $183.04 $226.87 $92.86 $154.70 $242.66 $107.98 $92.86 $204.70 $183.04 $183.04 $183.04 $117.39 $219.16 $23.78 $240.65 $92.36 $109.65 $126.79 $103.95 $166.90 $107.98 $96.90 $103.95 $205.07 11-9 Paae 6 of 22 April 10. 2007 Account 183591 124779 90194 93200 89043 182772 183239 179842 179523 174275 123119 23811 147214 174358 110767 180362 104581 180354 140329 99385 27641 25995 181520 106113 119665 183529 183244 180272 124361 117571 174841 116472 129187 92816 108653 25811 ~~f? ~ ~-=~~ ~-~~ CllY OF CHULA VISTA Finance Deoartment Collections Unit Accounts With Notice Of Public Hearing Sent Balance Due $102.01 $248.89 $92.87 $174.98 $195.64 $201.08 $192.23 $92.86 $92.87 $96.35 $97.09 $92.86 $96.90 $92.87 $206.08 $233.37 $96.90 $190.44 $90.68 $176.95 $174.98 $107.98 $189.72 $82.55 $96.89 $123.12 $93.68 $233.37 $114.91 $174.98 $189.50 $174.98 $107.98 $92.86 $96.89 $92.86 11-10 Page 7 of 22 ~u~ ~ ~=-~-5' - - -- ON OF CHUlA VISfA Finance DeDartment Collections Unit Accounts With Notice Of Public Hearing Sent April 10, 2007 Account Balance Due 160783 163319 160364 120837 175331 150580 82631 181529 37254 95639 14209 25130 152107 109708 17158 106190 180418 187145 89543 75414 182525 174738 104162 131881 87505 89849 163042 117017 74584 77628 163505 134466 130954 14534 182684 104627 $92.86 $96.90 $103.95 $205.D7 $86.68 $205.07 $92.86 $190.44 $129.84 $92.86 $125.99 $96.90 $138.97 $103.95 $114.91 $92.86 $91.56 $107.98 $82.12 $92.87 $119.92 $107.98 $90.96 $103.90 $174.98 $92.86 $135.70 $138.94 $248.89 $248.89 $103.95 $174.98 $67.93 $200.36 $78.52 $92.86 11-11 Paae 6 of 22 April 10, 2007 Account 168936 172837 182611 57233 183546 181312 182313 174868 84651 173797 173533 184359 117131 112659 131322 138116 89655 26868 158852 176405 70288 171208 81945 155166 122556 83101 122405 174831 131431 147105 15075 173578 135379 98399 183501 147565 ~v?- =-~.:..= --_--:_--- ~~~~ CIlY OF CHUlA VISTA Finance Deoartment Collections Unit Accounts With Notice Of Public Hearing Sent Balance Due $93.06 $103.95 $169.76 $92.86 $101.00 $215.19 $92.87 $98.82 $195.28 $103.37 $92.86 $92.87 $107.98 $174.98 $96.90 $93.67 $205.07 $174.98 $103.95 $130.03 $205.07 $107.98 $207.22 $248.89 $200.16 $174.98 $107.23 $118.87 $107.98 $149.61 $92.87 $92.86 $130.02 $191.10 $108.33 $238.93 11-12 Page 9 of 22 April 10, 2007 Account 164955 178018 96271 173458 162235 140192 142411 91080 146889 122171 111675 119511 96162 35438 145278 73624 118713 110676 174217 169608 127873 177585 130672 99438 89775 93290 174242 121358 101272 166443 182237 133867 167784 114677 147665 182609 ~J~ =-~~-~ - - -- ~~~~ CllY OF CHUlA VISTA Finance Deoartment Collections Unit Accounts With Notice Of Public Hearing Sent Balance Due $154.51 $96.90 $174.98 $143.32 $92.87 $222.19 $197.Q1 $96.90 $96.89 $92.86 $174.59 $174.98 $93.06 $92.86 $236.29 $82.12 $197.01 $92.87 $88.73 $174.98 $92.87 $61.60 $205.07 $197.01 $96.90 $96.90 $107.98 $78.52 $174.98 $116.64 $212.77 $107.98 $84.90 $92.87 $103.95 $129.84 11-13 Paae11 of 22 April 10, 2007 Account 147453 83210 59034 36339 130923 74341 114938 93936 122636 172078 173322 103505 37196 63425 143975 122897 92657 155539 177536 176498 109408 165075 64494 21976 93998 131771 170172 86062 15743 174200 33493 15784 172813 106005 136289 163112 ~V?- ~ ~~--~ - - -:...~ ON OF CHULA VISTA Finance Deoartment Collections Unit Accounts With Notice Of Public Hearing Sent Balance Due $248.89 $205.07 $178.26 $195.28 $92.86 $130.02 $157.73 $81.04 $107.98 $109.98 $107.98 $103.96 $107.98 $22.58 $82.12 $203.60 $197.01 $96.89 $107.98 $106.63 $96.90 $78.52 $96.89 $205.07 $116.14 $134.87 $240.63 $205.07 $174.98 $144.23 $102.56 $92.87 $122.44 $92.87 $107.98 $174.98 11-14 Paae 10 of 22 April 10, 2007 Account 158992 181741 165326 92553 164088 74442 177826 107567 150283 181800 170855 148402 180541 86260 134071 121468 107409 109534 37412 100442 171212 155835 70341 170876 171585 133053 154752 16576 168378 118063 103989 123617 181836 151775 16714 169208 ~~ft- ~ ~~~~ ~-~-::... OlY OF CHULA VISTA Finance DeDartment Collections Unit Accounts With Notice Of Public Hearing Sent Balance Due $92.88 $91.77 $92.86 $125.99 $82.12 $103.09 $207.15 $96.90 $197.01 $183.12 $67.93 $103.95 $107.05 $85.27 $103.95 $92.86 $174.98 $92.86 $181.94 $103.95 $92.87 $103.95 $219.38 $139.39 $125.68 $240.83 $96.90 $96.89 $197.01 $86.15 $127.67 $92.86 $93.06 $179.98 $96.90 $215.22 11-15 P811e 12 of 22 April 10, 2007 Account 164012 67731 94438 71331 33961 95369 151101 56340 148599 17998 148156 125111 62303 94452 117337 68029 178132 178129 176238 136795 182730 153848 170526 182941 61178 143872 96962 174247 174155 134050 112425 94469 164413 88754 48844 154285 ~~~ =~~-~ ~=':~.;E CllY OF CHUlA VISfA Finance Deoartment Collections Unit Accounts With Notice Of Public Hearing Sent Balance Due $107.96 $103.95 $103.95 $103.95 $125.99 $175.11 $92.86 $92.86 $159.48 $92.87 $86.15 $124.25 $92.86 $174.96 $107.96 $92.87 $103.95 $124.25 $103.95 $197.01 $107.96 $96.89 $174.96 $20.25 $183.04 $186.24 $114.91 $183.04 $103.95 $103.95 $112.86 $174.96 $103.95 $134.05 $96.89 $92.87 11-16 Pa~e 13 of 22 April 10,2007 Account 178136 94471 171313 17427 94479 163525 168659 153238 165485 152050 172706 153142 170238 168572 182457 177972 157060 111492 183433 176767 146780 146796 147670 181827 119661 160267 123012 115927 136532 96111 132124 137844 65937 101526 96781 168454 ~y~ ~ ~----~ - - ~- CllY OF CHUlA VISTA Finance DeDartment Collections Unit Accounts With Notice Of Public Hearing Sent Balance Due $92.86 $92.87 $163.04 $96.10 $86.15 $92.87 $106.49 $92.86 $78.52 $92.87 $174.98 $103.95 $92.87 $103.77 $162.79 $174.98 $93.06 $96.90 $123.78 $99.97 $184.82 $107.98 $107.98 $156.55 $96.89 $100.92 $240.83 $110.50 $103.95 $92.86 $123.96 $174.98 $128.28 $240.13 $107.98 $126.08 11-17 Paae 140122 April 10, 2007 Account 17844 175500 181299 123328 125027 171425 67486 131909 144836 118014 94964 106738 182251 94965 85455 164209 104039 116943 94973 164556 174188 34331 94978 1 80620 135834 18547 91190 34201 12n07 94853 94854 174848 11n68 165814 57934 99429 ~u?- ~ '~~~~ CllY OF CHUlA VISTA Finance DeDartment Collections Unit Accounts With Notice Of Public Hearing Sent Balance Due $92.87 $107.93 $287.90 $92.86 $82.12 $102.56 $92.87 $81.72 $96.89 $174.98 $183.04 $117.20 $204.17 $108.88 $92.86 $107.98 $91.65 $92.87 $174.98 $178.13 $197.01 $174.98 $105.33 $103.95 $114.91 $248.83 $103.95 $130.02 $176.13 $83.52 $92.86 $67.93 $92.86 $125.99 $138.88 $174.98 11-18 Paae 15 of 22 April 10, 2007 Account 181645 174623 135899 162884 155779 105946 150088 177084 80841 162934 88361 118804 114117 108384 107463 149843 181601 176432 77655 150226 18899 23199 116520 18952 180563 26043 117468 36836 26374 130097 137769 160900 92586 19271 168143 106205 ~V?- ~ ~----~ ~- ~- erlY OF CHUlA VISTA Finance DeDartment Collections Unit Accounts With Notice Of Public Hearing Sent Balance Due $502.98 $67.37 $92.87 $240.83 $92.41 $107.98 $152.95 $92.87 $183.04 $224.78 $82.97 $10.36 $83.52 $92.87 $92.87 $197.01 $97.33 $197.01 $133.06 $128.28 $79.73 $121.19 $103.95 $183.04 $78.78 $34.71 $197.01 $86.15 $82.12 $107.98 $183.04 $99.71 $174.98 $130.02 $189.34 $92.86 11-19 paoe 16 of 22 April 10, 2007 Account 172788 168652 176106 164546 127651 151674 155632 150699 78126 139916 153553 116944 17176 182266 123336 145584 180475 130133 170388 143753 145926 165195 182702 174378 178439 104169 168882 118002 167981 155827 145350 98696 154163 182175 174475 110041 ~~~ ~ ~--~~ - - ~~ OlY OF CHUlA VISTA Finance Deoartment Collections Unit Accounts With Notice Of Public Hearing Sent Balance Due $86.15 $82.12 $174.98 $146.45 $146.45 $107.98 $197.01 $205.07 $114.91 $92.86 $92.86 $103.95 $92.86 $120.17 $92.86 $86.15 $92.87 $89.85 $174.98 $411.53 $174.90 $92.40 $123.78 $252.17 $118.44 $107.98 $103.95 $117.39 $96.90 $103.95 $92.87 $92.86 $92.87 $123.78 $197.01 $130.02 11-20 Paa. 17 of 22 April 10, 2007 Account 167673 133508 173800 19184 152486 111955 110183 28784 174888 154770 118681 146634 30742 166578 31332 25818 177102 108574 162069 113984 120332 150334 70304 95116 173860 119743 121006 143623 182245 150681 182262 29981 113357 105457 174147 174874 ~V?- ~ ~""'--~ - ~~~ CllY OF CHUlA VISTA Finance Deoartment Collections Unit Accounts With Notice Of Public Hearing Sent Balance Due $174.98 $98.74 $146.45 $188.04 $174.98 $92.86 $96.89 $195.28 $96.90 $92.87 $103.95 $100.54 $174.98 $137.92 $195.02 $82.12 $96.89 $92.86 $146.45 $174.98 $92.86 $121.64 $96.90 $92.86 $92.87 $103.95 $92.86 $92.86 $107.98 $205.07 $209.19 $103.95 $130.02 $112.86 $158.04 $77.95 11-21 Paae 18 of 22 April 10. 2007 Account 172224 172492 183683 176231 172296 180501 165189 183695 170120 161904 5676 19441 19458 170126 120921 95300 151687 154149 179933 19598 142086 125092 170182 180617 21324 21058 153330 19638 183694 106279 133085 55216 159738 140270 163989 109083 ~{f? ~ ~""'€:~~ - - -:...~ CllY OF CHUlA VISTA Finance DeDartment Collections Unit Accounts With Notice Of Public Hearing Sent Balance Due $78.52 $102.37 $100.64 $78.52 $78.52 $78.12 $103.95 $99.86 $78.52 $96.89 $113.17 $103.95 $92.87 $1 07.98 $82.12 $178.18 $78.52 $103.95 $174.98 $195.28 $170.44 $174.98 $83.14 $113.64 $77.31 $92.86 $92.87 $197.01 $112.60 $172.95 $174.98 $114.91 $118.94 $114.64 $126.76 $180.39 11-22 Paae 19 of 22 April 10, 2007 Account 126044 125533 127067 182982 147343 183359 180399 74546 183632 165386 106812 163052 175740 137980 153437 183492 19746 33994 144065 75318 182255 182822 153760 81910 5517 154036 130187 131393 95443 26671 95214 135635 161970 178022 167529 152554 ~~~ ~ - - -- ~-~- -- - ~~~ CllY OF CHUlA VISTA Finance Deoartment Collections Unit Accounts With Notice Of Public Hearing Sent Balance Due $240.83 $174.98 $82.12 $150.11 $166.68 $106.11 $198.57 $100.13 $112.91 $82.12 $92.87 $96.90 $96.89 $107.98 $61.90 $145.69 $174.98 $174.98 $92.86 $0.50 $171.69 $194.84 $103.95 $92.87 $103.56 $107.98 $103.95 $98.82 $140.89 $130.90 $113.16 $92.86 $174.11 $77.83 $67.93 $133.46 11-23 Paae 20 of 22 April 10, 2007 Account 129549 183109 183286 157969 23047 26390 78272 161181 54053 72601 166111 167587 129049 182803 73771 147840 114757 144827 152188 166873 181111 155653 161669 34123 1=46 7872 177879 162305 31999 121558 145891 116392 64646 173682 162294 176763 ~ ~ f?. ~ ~~;F~ CllY OF CHUlA VISTA Finance Deoartment Collections Unit Accounts With Notice Of Public Hearing Sent Balance Due $103.95 $92.87 $105.Q7 $92.87 $352.08 $82.12 $100.92 $229.66 $183.04 $234.28 $103.95 $113.16 $197.01 $176.67 $155.74 $103.95 $113.16 $197.01 $197.01 $146.45 $205.48 $99.39 $82.12 $174.98 $107.98 $93.80 $112.58 $78.52 $174.98 $92.87 $82.12 $99.33 $92.86 $103.29 $92.86 $1 03.90 11-24 Paae 21 of 22 April 10, 2007 Account 100066 134378 133723 120760 147170 161444 182089 147792 96330 101917 130222 75807 22997 164423 180831 131246 96219 141708 157141 94041 94035 Total Due: ~V?- ~ -------- - - -- - - ~~ CllY OF CHUlA VISTA Finance Deoartment Collections Unit Accounts With Notice Of Public Hearing Sent Balance Due $86.15 $197.01 $93.06 $248.89 $116.25 $96.90 $149.27 $103.95 $189.34 $174.98 $112.96 $183.04 $1 02.39 $103.95 $103.95 $107.98 $237.28 $197.Q1 $107.98 $316.15 $92.86 $102,743.98 No Of Accounts: 777 11-25 PaQe 22 of 22 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION WHEREAS, in November 1998, the City Council amended Municipal Code section 8.24 to eliminate suspension of solid waste service for nonpayment; and WHEREAS, to ensure that all residents pay their fair share of the costs of this program, the ordinance allows for delinquent solid waste service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the property tax bills for collection; and WHEREAS, the ordinance states that upon notification to the property owners, a public hearing is set for solid waste service accounts that are over ninety days delinquent; and WHEREAS, at the hearing, the City Council considers the delinquent accounts together with any objections or protests by interested parties; and WHEREAS, at the conclusion of the hearing, the City Council may either approve the delinquency and amount owed on the accounts as submitted or as modified or corrected by the City Council; and WHEREAS, the account status and property ownership on these delinquent accounts have been verified by both Allied Waste and City staff; and WHEREAS, property owners were notified of their delinquencies through a series of past due notices sent by Allied Waste until they were ultimately submitted to the City for collection; and WHEREAS, staff has notified the prope11y owners of the public hearing and these owners were asked to pay their delinquent solid waste service charges prior to transmittal of the delinquent account list to the County to avoid a lien being placed on their property; and WHEREAS, stafI is recommending that the City Council approve the final list of delinquent solid waste accounts as submitted, and that these charges be forwarded to the County and assessed as recorded liens on the respective parcels of land and ultimately placed on the next regular tax bill for collection. 11-26 Resolution No. 2007- Page 2 NOW, THEREFORE, BE [T RESOLVED by the City Council of the City of Chula Vista that it: (]) conducts the public hearing to consider assessing delinquent solid waste service charges as recorded liens on the affected properties; (2) overrules any and all protests or objections presented at the public hearing; and (3) approves the delinquent account list submitted to the City Council and on file in the City Finance Department, assessing delinquent solid waste service charges as recorded liens upon the respective parcels of land and the placement of such delinquent charges as special assessments on the next corresponding regular tax bills, unless cleared prior to transmittal of the delinquent account list to the County. Presented by Approved as to form by ('/~~~J{UtI~ Ann Moore City Attorney Maria Kachadoorian Director of Finance .I: ..\ttlll"l1ey\RES()\I:IN.ANCE\Assesslllenl {l[' Delinquent S\)lid Waste Service Charges_04-17-07.DOC 11-27 Irf/V'lS' IP/ It RECEIVED FINANCE DEPT. I WANT THIS Lt. . ER8f8W WtJtlON ON THE MEETING TODAY APRIL 17,2007 AS I WAS TOLD ON THE INVOICE THAT I RECEIVED. I WANT ALSO TO BE MENTION THE FACT THAT I PAID 8 MONTHS FOR SERVICE THAT I NEVER USED AND THAT I WAS SIGNED UP WITHOUT MY AUTHORIZATION. MY ADDRESS '127 K STREET WAS EMPTY UP UNTIL MARCH 25, 2007. I PURCHASED THIS HOUSE LAST YEAR ON APRIL. THANK YOU DAVID E. DOYER /0;T ,pi /7 f (1 r'iS; ~~~ CITY COUNCIL AGENDA STATEMENT :S}\'f:.. CIIT OF '~CHUlA VISTA ITEM TITLE: SUBMITTED BY: REVIEWED BY: APRIL 17, 2007, Item J?- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING STAFF TO DEVELOP AND IMPLEMENT CAPITAL IMPROVEMENTS TO ENHANCE PUBLIC HEALTH AND SAFETY AT LAUDERBACH NEIGHBORHOOD PARK, AMENDING THE FY07 CAPITAL IMPROVEMENT PROGRAM ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT (CIP) "LAUDERBACH PARK IMPROVEMENTS (CIP NO. PR295)", AND APPROPRIATING STATE RECREATION GRANT FUNDS IN THE AMOUNT OF $114,020. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AN INTERPROJECT TRANSFER FROM EXISTING CIP "WESTERN CHULA VISTA INFRASTRUCTURE FINANCING PROGRAM (CIP NO. GG188)" TO PR295 IN THE AMOUNT OF $285,980 AS NECESSARY TO FULLY FUND THE PROJECT. IS DIRECTOR OF PUBLIC WORKS OPERA TIONstt--/ DIRECTOR OF GENERAL S~. ~. DIRECTOR OF RECREATIO lNTERIM CITY MANAGER ' J! 4/5THS VOTE: YES ~ NO D BACKGROUND Lauderbach Neighborhood Park was added to the City park system as part of the Montgomery annexation in 1985. The Boys and Girls Club of Chula Vista leases the recreation building located within the park and uses the field and tot lots for its members. Lauderbach Park is also the meeting place for an active senior citizen group that meets on a weekly basis. As is the case in many of our older City Neighborhood Parks, there is no public restroom. Over the past several years, there have been growing community concerns regarding health and safety of the public at Lauderbach Park because of ongoing criminal activities. In response to the concerns here and at several other parks in Chula Vista, a collaborative cross-departmental team met to discuss the various options available to address these issues. Police, Recreation, Public Works Operations, and General Services began /~~. / ItemJL Page 2 of 5 meeting with representatives from local businesses and the Boys and Girls Club. After several meetings, a number of actions were taken including clearing undergrowth in planters and around trees, repairing perimeter fencing, installing hardware on walls and benches to deter skateboard grinding, and enclosing the trash dumpster. These improvements were done in accordance with basic Crime Prevention Through Environmental Design (CPTED) principles. In addition, Lauderbach Park and three other City parks were designated as parks that prohibited the possession and consumption of alcohol without a permit. Signs have been installed alerting the public to this designation. Police officers increased their presence in the park 27% over calendar year 2005 and made 50 arrests for alcohol and other violations. These efforts have resulted in a 47% decrease in the number of calls for service for violent behavior at Lauderbach Park. The number of service related calls to other non- violent disorder activities in the park have increased substantially, despite the increased enforcement efforts by the Police Department. Disorder calls increased 84% in 2006 compared to 2005, primarily because of increased calls from Boys and Girls Club staff and City staff (Parks employees). This is most likely in response to heightened awareness levels since the implementation of the no alcohol ordinance enacted in November 2005 and the continuing efforts to improve the park. Although these efforts have improved the situation, City staff believes additional improvements can be made to promote greater use of this facility by the local community. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class I Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines because the proposed project consists of minor alterations to an existing public facility involving negligible or no expansion of the site's existing use. Thus, no further environmental review is necessary. RECOMMENDATION Adopt the resolution amending the FY 2007 Capital Improvement Program establishing a new Capital Improvement Project (CIP) "Lauderbach Park Improvements (CIP No. PR295)" and appropriating State Recreation Grant funds in the amount of$114,020, Adopt the resolution authorizing the interproject transfer from existing Capital Improvement Project (CIP) "Western Chula Vista Infrastructure Financing Program (CIP NO. GG 188)" to PR295 in the amount of $285,980 as necessary to fully fund the project. / ..t ~ ..2.. APRIL 17, 2007 Item~ Page 3 of5 BOARDS/COMMISSION RECOMMENDA nON The Parks and Recreation Commission unanimously endorsed this project on January 18, 2007. The City Council Public Safety Subcommittee received a project presentation on January 17, 2007, and in a meeting at the Boys and Girls Club on February 28, 2007. The Subcommittee generally supported moving this project ahead. DISCUSSION City staff including Recreation, Police, General Services, Public Works Operations, and the City Attorney's office collaborated with the Boys and Girls Club and several local business owners to develop strategies to improve the situation. These ideas were presented to the community on December 6, 2006 and received overwhelming endorsement from the approximately 70 citizens in attendance. The overall strategy includes creating safer, more attractive park amenities that will promote more family-oriented activity in the park and serve as deterrents to undesirable behavior. With the proposed park improvements, combined with enforcement strategies, the City aims to increase overall use of Lauderbach Park and its related facilities. There is an existing lease with the Boys and Girls Club for the Lauderbach Community Center, which runs to June 1,2018. The proposed Capital Improvements are as follows: Fencing and Signage ($35,000): Pursuant to the terms of the existing lease with the Boys and Girls Club, construct a six-foot high ornamental wrought iron fence around the perimeter of the front lawn and garden area, with the Boys and Girls Club having control of this area. Also included is constructing a four-foot high ornamental wrought iron fence surrounding the Tot Lots to delineate age appropriate use of these public facilities. Both of these areas will have signs posted designating appropriate age groups usage. Restroom ($165,000): Constructing a new restroom for use by the general public during normal park operating hours. This restroom will be constructed to current city standards as an adjoining element to the existing building leased by the Boys and Girls Club. It will be secured at night. Security Lighting ($50,000): Augmenting the existing security lighting around the park, especially the field, will not only enhance general park safety during the winter months, but will enable teams to practice sports after dark. Rubber Surface in Tot Areas ($100,000): Removing the existing sand around the play equipment and replacing with rubber surfacing to minimize any hazard related to materials disposed of or hidden in the sand. . /:..L .3 APRIL 17, 2007 Item~ Page 4 of5 The remaining $50,000 will be needed to cover staff time in developing the project and contingencies during construction. In an independent action, the Boys and Girls Club will be installing video cameras to assist with security issues at Lauderbach Park; because the cameras will be installed on city property, permission to do so must be granted by the City. The police department is working with the City Attorney's office and the Boys and Girls Club to draft an agreement in which permission will be granted and conditions of camera use will be specified. Installation of the cameras should be complete by the end of May 2007. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property, which is the subject of this action. INTERPROJECT TRANSFER The Western Chula Vista Infrastructure Financing Program was established in 2004 and included $9 million of financing for parks and drainage improvements in western Chula Vista. The drainage improvement portion of the program made up $4.7 million of the amount, the vast majority being utilized to rehabilitate or replace existing corrugated metal pipe. The balance of the funds ($4.3 million) was set aside for three parks related projects. Those projects were Harborside Park, Otay Park and the Women's Club. In the time from the establishment of the financing program and when Harborside Park and Otay Park went forward construction costs had escalated to the point that only $285,980 of the bond proceeds are remaining. The original preliminary cost estimate for the Women's Club was $450,000, based upon an architectural analysis undertaken in January of 2003. Construction costs, particularly for building materials have increased at least 35% since that time which would bring the preliminary cost estimate of the Women's Club to over $600,000. The remaining amount of the bond proceeds, being less than half of that amount, would not be wisely spent on the Women's Club as any improvements that could be made would be quite limited. For this reason, since the remaining amount was originally set aside by the City Council for park purposes in western Chula Vista, the Lauderbach Park improvements are a better fit for the remaining funds. The Finance Department has reviewed this change in plan to utilize the remaining funds at Lauderbach Park for compliance with the financing documents and has found that the bond proceeds can be used for this purpose. /=<, y/ APRIL 17,2007 ItemJL Page 5 of5 FISCAL IMPACT There is no impact to the General Fund from the proposed project. The $400,000 in funding for the proposed Capital Improvements will come from a previously allocated Per Capita State Recreation Grant and transfer from an existing project, GG 188. Annual operating expenses for restroom cleaning, periodic fence painting, and lighting replacement will be absorbed into the Public Works Operations' ongoing park maintenance budget. A TT ACHMENTS: Attachment I - Vicinity Map Attachment 2 - Arial Photograph Attachment 3 - Plan View with summary of Proposed Improvements Attachment 4 - Proposed Public Restroom Layout Attachment 5 - Proposed Fencing Detail Attachment 6 - Existing Lease Agreement with Boys and Girls Club Prepared by: Rick Hopkins, Assistant Director of Public Works Operations /) ,,- /0<' - ~, , . Attachment 1 \ '\\ ~---\~-~\ ~ V-:-~\\ \. \~ ~l t \-1\ \ J.-~ c:. \. ;Y---- ---- \ \ ~--- y~ Lauderbach Park - Vicinity /..J . 0 lauderbach Park - Aerial Photo /) ~ J /""" ( Attachment 2 ...... --- ..--;::~;:; ~:. ,-~.-? "'" /',' '.. '.". /'. '\-...L......... __ .. . l' . ,. . . .//~" .jl. /. i .. <" . / .'i @ .'Woif, '. -._-- , TYPICAL-Existing pole i mounted light with j proposed upgraded fixture. TYPICAL - Proposed new light pole with new fixture. I j I i TYPICAL - Existing pole mounted light -"\ " j' , f ~ '- .,"t Attachment 3 1 Proposed enclosure with 6' high fence with gates. I i .. , >." .....'1 ~ .;..1 I I Proposed restroom addition. I TYPICAL - Proposed new wall mounted light. Proposed enclosure with 4' high fence with gates. i! / '..-,,; .~ :. ~:', ') I ......; 't :1 " ;I . .- ... ~ 11".., .,~ / f' \. lauderbach Park - Proposed Improvements n,t.s /~- ,- r -.:::t +-' C Q) E ..c C,) co +-' +-' <( Ol c: :;::; l/l 'x Q) - Ol o c: Q)'i5 U= ell => LL..o E o l:! .. III l!! ". GI C ~.S! Q,:!:: 0" .." ll..ClI "~lt~ LAUDERBACH COMMUNITY CENTER ([) !IolDICATE5lOCATlON or FIRE EXTINGUISHERS ROOM 2 c Dining 34 A.ssembly 72 o tr AIC ROOM DInIng '4 Assembly 53 .... GE] ,El 51Q!lAG{ KITCHEN 7 ROOM I (Nol available ror rent) $---- OFFICE .......1 El01' Ol .5: 32 => CO Ol c: :;::; l/l 'x LlJ . ./ MAIN HALL DIning 208 Assembly 446 <E.i) IHr_ , rL[(11lIt.\< o >("'TE~ ~ ~ ~ > Q ~ c 0 ~ "0 "0 <( E 0 0 .... - en Q) ("., c:: 'J "0 ') Q) '. en "- 0 0 .... a.. I ~ ... ca 0.. .c u ca ,g ... G> "C ~ ca ..J -------------~ o ~ " o " > o m of:H[Q o ... M...~T1HMlCI Attachment 5 Example of proposed 4' high fence 16' ~ i "'1 Existing low I 2' high wall Typ. 'I high Proposed 6' hiqh fence lauderbach Park - Proposed Fencinq ) /"1 'd ''':/V I Attachment 6 LEASE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE BOY'S AND GIRL'S CLUB FOR THE LEASE OF CERTAIN PROPERTY AT LAUDERBACH COMMUNITY CENTER AT LAUD ERBACH PARK THIS LEASE AGREEMENT is made and entered into this 16th day of May, 2000 between the City of Chula Vista, a Municipal Corporation, as lessor, hereinafter called "City," and the Boys & Girls Club of Chula Vista, Inc., a California non-profit corporation, as lessee, hereinafter called "Club;" RECITALS: WHEREAS, the City owns certain property, including all improvements located upon the property, at Lauderbach Park in the City of Chula Vista. WHEREAS, the Club desires to lease said property to conduct its Community Youth Center for the purposes of providing primarily the youth, and secondarily the Chula Vista community in general, with a recreational, childcare, and educational facility and corresponding projects and programs intended to promote their physical, mental, and moral well being; and WHEREAS, the activities offered by the Club benefit the community. WITNESSETH: City hereby leases to Club and Club hereby leases from City, certain property hereinafter described under the following terms and conditions: I. Subject Premises. City leases to the Club a certain part of a parcel of real property, together with all current improvements thereon, situated in the City of Chula Vista, County of San Diego, State of California, commonly known as Lauderbach Community Center, Chula Vista, as follows: a. The Club shall have the use and occupancy of the Community Center building in its entirety as well as access to the park area and playgrounds. One playground may be fenced by the Club for such licensing requirements as may prevail, with the understanding that the general public will have access during those times that the Club is not using the subject playground. City will have continual access and responsibility for maintenance and repair of said playground and equipment to insure public safety. b. It is further understood that the Oxford Seniors Club will continue to have the use of the assembly hall and kitchen for its regular meetings and events. The Oxford Seniors Club would continue to have reasonable storage. /Q.. -// c. It is further understood that the 4 - H Club of San Diego will continue to have occupancy of the classroom on weekdays to conduct pre and after school programs for a period of one (1) year from the date hereof. d. Other community user groups will request use of the building through the Club's process. Any groups wishing to rent the facility will do so through the Club with all proceeds from these rentals being retained by the Club. e. The facility will provide operational hours beginning no earlier than 6:00 a.m. and extending no later than II :00 p.m. in accordance with the wishes of the adjacent dwellings. f. The City shall remove an non-affixed equipment agreed upon by the Club and City, equipment left by the City for the use of the Oxford Seniors and 4-H Program will bear the City's inventory numbers and be accounted for yearly. 2. Term. The initial term of this lease shall expire June 1,2018, unless sooner terminated by the destruction of Subject Premises, as herein defined, or otherwise as permitted by this Agreement. a. The Subject Premises shall be deemed destroyed for the purpose of terminating this Lease at such time as (1) the improvements thereon are, in whole or in part, ruined by a calamity or a progressive degenerative process, such as rot, termites, etc., and, (2) the amount the City receives as compensation for the damage from an insurance source or the Club exceeds the City's estimate of the cost of the repair. If the Subject Premises are deemed terminated, the City may retain all of the proceeds for the damage from the insurance source. Nothing herein shall be deemed to relieve the Club for damage to the premises they may have otherwise caused. b. If the improvements on the Subject Premises are, in whole or in part, ruined by a calamity or a progressive degenerative process, the City shall be under no duty to the Club to provide substitute or replacement facilities or premises during any repair or reconstruction of the Subject Premises, or to pay the rental value thereof, regardless of cause of the damage to the Subject Premises. c. Extended Term. Upon the expiration of the Initial Term, the Club may request to extend the term of the lease for two (2) successive five (5) year periods. The Club shall exercise the extension option by written notice to and approval of the City, such notice to be provided no later than ninety (90) calendar days prior to the expiration of the lease term then in effect. Unless otherwise mutually agreed by the parties in writing, the terms and conditions of this Agreement shall remain in effect during the Extended Term. Prior to the granting of any extension period, however, the City shall review the Club's operations at the facility, which shall include the Club's provision of programming, and the extent to which it is designed to meet the needs of youth and the community, and which shall further include the nature and extent to which the Club has adequately maintained the facility, or other wise contributed to the cost of rC<'~ said maintenance, and which shall further include a review of the advantages and disadvantages from continuing to permit the Club to operate at the facility. d. Holdover Tenancy. In the event the Club elects not to extend the Term but retains possession of the Premises upon the expiration thereof, with the City's consent the Club's tenancy shall be converted to a month to month arrangement, subject to termination by the City upon one (I) months written notice, but otherwise on the same terms and conditions then in effect. e. The City reserves the right to require the Club to vacate the premises and to terminate this lease anytime during the course of the Agreement upon six (6) months written notice. However, if the Holdover Tenancy has been triggered, Paragraph 2.2 shall. prevail 3. Rent. Club agrees to pay to City as rental for Subject Premises the sum of $1.00 per year payable on the I st day of June of each year during the term hereof; and in addition hereto, Club agrees to do and perform the other covenants and agreements in this lease contained each of which shall be considered as additional rent. 4. Purpose. Club shall use the Subject Premises solely for the following purposes, to wit: maintaining and operating thereon the Lauderbach Community Center building and the use of the playground( s) and park for use as a service, educational, licensed childcare, and recreational center for young people and other members of the community residing in the South Bay area according to the standards of the Club and for all reasonable and lawful purposes incidental thereto including traditional fundraising activities. The Club agrees to use Subject Premises solely for the purposes herein stated. Any other use by the Club without the written consent of the City shall be cause for termination ofthis agreement upon 30 days notice to vacate the premises. 5. Responsibility of Club. a. Club shall keep the Subject Premises, building and the property upon which the building is situated, rree from any liens arising out of the work performed, materials furnished, or obligations incurred by Club. Failure to keep Subject Premises free of liens shall constitute a major breach, and default, ofthe covenants of this agreement and grounds for termination by City, at City's sole option. It is intended by the parties hereto that City has no obligation, in any manner whatsoever, to repair and maintain the Subject Premises nor the structural improvements, including any buildings, now located or to be constructed thereon, nor the equipment now located or to be constructed therein, whether structural or non structural, unless otherwise provided for in this Agreement. Club expressly waives the benefit of any statute now, or hereinafter in effect which would otherwise afford Club the right to make repairs at City's expense or to, terminate this Lease because of City's failure to keep the Subject Premises in good order, condition and repair. 3 /..2 13 b. Club hereby covenants and agrees that all utilities and services necessary for the use and occupation of Subject Premises shall be provided and paid for by Club. C. Club shall not make any improvements or additions to the building and Subject Premises without prior written approval of the Director of Parks and Recreation. Said improvements and additions shall include, but not be limited to, changes to the exterior or interior, room additions, sigos, and new plantings. The Club may, however, place 'Boys & Girls Club" signage consistent with and similar to the sigo erected at the Chula Vista Youth Center. The Club shall remove at their expense the existing sigoage at the Chula Vista Community Youth Center. d. Pursuant to the provisions of Section 107.6 of the Revenue and Taxation Code, the property interest which is the subject matter of this lease may be subject to property taxation and that the Club, as lessee, may be subject to the payment of such property taxes levied on such interest. Club shall be liable for and shall pay, at least ten days before delinquency, taxes levied against any personal property or fixtures placed by Club in or about the Subject Premises. Further, Club shall be obligated to pay any and all other taxes, including but not limited to possessory interest tax, which may be from time to time assessed upon the facility. The failure of Club to pay such levied tax, resulting in the establishment of a tax lien by any taxing agency, shalJ constitute a major breach, and default, of this lease and constitute grounds for recovery of possession by City. e. Club agrees to accept full responsibility for the maintenance and repair of Subject Premises, excluding landscaping in park areas. In addition the Club will assume the balance of the alarm monitoring contract obligation, as well as the contractual janitorial maintenance. Club shall, at Club's sole cost and expense, keep the Subject Premises and every part thereof in good condition and repair, comparable to other property held by the City in the general vicinity. Club shal- upon the expiration or sooner termination of the term hereof surrenders the Subject Premises to City in the same condition as when received. City shall have no obligations to alter, remodel, repair, decorate, or paint the structures located upon the land which is the subject of this lease. The City shall have the right to enter upon the premises to conduct inspections of the premises as it deems necessary and in no event less than twice annually. The City shall continue to maintain the adjacent park areas. f. Anti-Discrimination Club, for itself and its successors and assigos, agrees that during the occupancy and use of the Subject Premises, Club will not, with respect to its operation of the Subject Premises, discriminate against any person because of race, color, creed, religion, sex, sexual orientation, marital status, age, handicaps, ancestry or national origin. In addition, Club agrees to continue current status of compliance of the Subject Premises with the requirements of the Americans With Disabilities Act, and regulations promulgated thereunder. 4 'J /"1/ /~, 6. Parking. Club agrees to allow City access to the parking lot and shall not unreasonably restrict the use thereof by the general public and shaH not create more than five (5) reserved spaces for the sole use ofthe club. 7. Compliance with Laws and Regulations. Club agrees to maintain and operate Subject Premises in compliance with all laws, rules and regulations applicable thereto. a. Club agrees to provide City reasonable access to the Premises to allow City staff or a designee of the City to perform any renovations necessary to comply with the Americans with Disabilities Act. b. Renovations undertaken by City to comply with the Americans with Disabilities Act shall be funded by the City. 8. Termination. a. In the event that Club fails to maintain and operate Subject Premises for the principal purpose for which the same are hereby demised or fails to maintain reasonable and adequate supervision and maintenance of Subject Premises or further fails to remedy any such faults or defects within 30 days after written notice to do so ftom the City, then City may elect to terminate and cancel this lease. b. All of the conditions and covenants contained herein to be performed by Club shall be deemed to be conditions of Club's right to possession of the Subject Premises, and if after 30 days written notice to Club, any default in said conditions is not remedied or corrected or performed to City's satisfaction, City shall have the right to re-enter the Subject Premises, remove Club and retake possession thereof: c. In the event that Club abandons Subject Premises, the City may elect to terminate this lease. Abandonment is herein defined to include, but is not limited to, any absence of Club from the Subject Premises for fifteen (15) days or longer while in default of any provision of this lease except where excused by law or circumstances beyond Club's control. d. City may terminate this Lease Agreement at any time and for any reason, by giving specific written notice to Club of such termination and specifying the effective date thereof, at least ninety (90) days before the effective date of such termination. 9. Representatives of Parties to Agreement. The following are designated as representatives of parties to this agreement: a. City designates the Director of Parks and Recreation as its representative in all matters under this contract (except execution hereof) and all notices given to the City shall be so addressed to the above designated representative at 276 Fourth A venue, Chula Vista, CA 92010. 5 ,,- /.1- /..;; b. Club designates its President as the representative under this contract and all notices sent to Club shall be addressed to the above designated representative at 130] Oleander Avenue. Chula Vista. CA 9191] ]0. Assignment. Neither this agreement nor any duties or obligations hereunder shall be assignable by Club without prior written consent of the City, which consent may be withheld in the discretion of the City. In the event of an assignment by Club to which the City has consented, the assignee or its legal representative shall agree in writing with the City to assume, perform, and be bound by the covenants, obligations, and agreement contained herein. Any consent to an assignment shall not, in the absence of express provisions to the contrary, constitute a release of the Club ITom the provisions of this Agreement. ] 1. Successors and Assigns. Subject to the provision regarding assignment, this agreement shall be binding on the heirs, executors, administrators, successors, and assigns of the respective parties. ]2. Attorney's Fees. If any action at law or inequity is brought to enforce or interpret the provisions of this agreement, the prevailing party shall be entitled to reasonable attorney's fees in addition to any other relief to which it may be entitled. 13. Modification of Agreement. This Agreement may be amended by reason of changes in the scope of the purpose as described herein and the amount of any adjustment shall be determined by negotiations to the mutual satisfaction of the City and Club. Said amendments must be in writing. ] 4. Indemnity, Insurance, and Disclosure a. Indemnity. Club shall indemnify and hold harmless City flom and against any and all claims arising flom Club's use of the Subject Premises (including specifically, but not limited to, deposit of toxic or hazardous material in or about the Subject Premises, or uses of such material in any structure on the premises) or flom the conduct of Club's business or from any activity, work or things done, permitted or suffered by Club in or about the Subject Premises or elsewhere and shall further indemnify and hold harmless City from and against any and all claims arising from any breach or default in the performance of any obligation on Club's part to be performed under the terms of this Lease, or arising from any negligence of the Club, or any of Club's agents, contractors, or employees, and ITom and against all cost, attorney's fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against City by reason of any such claim, Club upon notice ITom City, shall defend the same at Club's expense Club, as a material part of the consideration to City, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Subject Premises arising :ITom Club operations and Club hereby waives all claims in respect thereof against City. 6 ,. /' ~ '/h b. Exemption of City from Liability. Club hereby agrees that City shall not be liable for injury to Club's business or any loss of income therefrom or for damage to the goods, wares, merchandise or other property of Club, Club's employees, invitees, customers, or any other person in or about the Subject Premises, nor shall City be liable for injury to the Club, Club's employees, agents or contractors, whcthcr such damage or injury is caused by or results from fire, rain, water, steam, electricity, gas, or ITom the breakage, leakage, obstruction or other defects of the land, grading, elevation of the land, pipes, wires, appliances, plumbing, or ITom any other cause, whether the said damage or injury results ITom conditions arising upon the Subject Premises or ITom other sources or places and regardless of whether the causc of such damage or injury or the means of repairing the same are inaccessible to Club. City shall not be liable for any damages arising nom any act or neglect of any other tenant, if any, of the land adjacent to the Subject Premises leased by City. c. Liability Insurance. Club shall, at Club's expense obtain and keep in force during the tcrm of this lease a policy of Bodily Injury insurance insuring City and Club against any liability arising out of the ownership, use, occupancy or maintenance of the Subject Premises and all areas appurtenant thereto. Such insurance shall be a combined single limit policy in an amount not less than $1,000,000 per occurrence. The limits of said insurance shall not, however, limit the liability of Club hereunder. d. Property Insurance. Club shall obtain and keep in force during the term of this Lease a policy or policies of insurance covering loss or damage to the Subject Premises, in the amount of the fun replacement value thereof, as the same may exist ITom time to time, which replacement value is now $500,000, but in no event less than the total amount required by lenders having liens on the Subject Premises, against all perils included with the classification of fire, extended coverage, vandalism, malicious mischief, and special extended perils ("all risk" as such term is used in the insurance industry). Said insurance shall provide for payment of loss thereunder to City and to the holders of mortgages or deeds of trust on the Subject Premises. If the Club shall fail to procure and maintain said insurance the City may, but shall not be required to, procure and maintain the same, but at the expense of Club. If such insurance coverage has a deductible clause, the deductible amount shall not exceed $1,000 per occurrence, and Club shall be liable for such deductible amount. e. Insurance Policies. Insurance required hereunder shall be in companies holding a "General Policyholders Rating" of at least A, or such other rating as may be required by a lender having a lien on the Subject Premises, as set forth in the most current issue of "Best's Insurance Guide." The Club shall deliver to the City copies of policies of such insurance or certificates evidencing 7 /.J' /7 the existence and amounts or such insurance with loss payable clauses as required by this Section. No such policy shall be cancelable or subject to reduction of coverage or other modification except after thirty (30) days prior written notice to City. Club shall, at least thirty (30) days prior to the expiration of such policies, furnish City with renewals or "binders" thereof. or City may order such insurance and charge the cost thereof to Club, which amount shall be payable by Club upon demand. Club shall not do or permit to be done anything which shall invalidate the insurance policies referred to in this Section. If Club does or permits to be done anything which shall increase the cost of the insurance policies referred to in this Section, then Club shall forthwith upon City's demand reimburse City for any additional premiums attributable to any act or omission or operation of Club causing such increase in the cost of insurance. All insurance policies shan name the City as an additional insured. f. Waiver of Subrogation. Club and City each hereby release and relieve the other, and waive their entire right of recovery against the other for loss or damage arising out of or incident to the perils insured against under this Section, which perils occur in, on or about the Subject Premises, whether due to the negligence of City or Club or their agents, employees, contractors and/or invitecs. Club and City shall, upon obtaining the policies of insurance required hereunder, give notice to the insurance carrier or carriers that the foregoing mutual waiver of subrogation is contained in this Lease. g. Amendment The amount of coverage required by the City pursuant to this agreement may be amended by the City upon 180 days notice to Club. Fai]ure of Club to maintain said policy shall be grounds for termination ofthis lease. h. Lead Disclosure The parties acknowledge that pursuant to the Code of Federal Regulations, Section 745.223, that the Club facility may constitute a Child-occupied facility, defined by the Code as follows: A building, or a portion ofa building, constructed prior to ]978, visited regularly by the same child, six (6) years of age or under, on at least two different days within any week (Sunday through Saturday period), provided that each days visit lasts three (3) hours and the combined weekly visits last at least six (6) hours, and the combined annual visits last at least sixty (60) hours. Child-occupied facilities may include, but are not limited to, day-care centers, preschools and kindergarten classrooms. The parties understand the goal of the LeadBased Paint Poisoning Prevention Act (42 v.s.c. Section 4821-4846) is to eliminate, as far as practicable. the hazards of lead-based paint poisoning with respect to properties that may be occupied by children under 7 (seven) years of age. 8 /.J ,,/f The Club agrees to take aU reasonable precautions and to use reasonable care in the Subject Premises in light of the above. h. Asbestos The city knows of no friable asbestos in the Subject Premises. 15. Subleases. Club shall not sublease any portion of the building or Subject Premises without prior written approval of the Director of Parks and Recreation. 16. Entire Agreement. This Agreement supersedes any prior agreement and contains the entire agreement of the Parties on the matters covered. No other agreement, statement or promise made by any Party or by any employee, officer or agent of any Party that is not in writing and signed by all Parties shall be binding. 17. Governing Law This Agreement has been executed in and shall be governed by the laws of the State of California. 18. Invalidity r f any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or enforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 19. Waivers The waiver by one Party of the performance of any covenant. condition or promise shall not invalidate this Agreement, nor shaH it be considered a waiver by him of any other covenant, condition or promise. The waiver by either or both Parties of the time for performing any act shall not constitute a waiver of the time for performing any other act or an identical act required to be performed at a later time. The exercise of any remedy provided in this Agreement shall not be a waiver of any consistent remedy provided by law, and any provision of this Agreement for any remedy shall not exclude other consistent remedies unless they are expressly excluded. 20. Condemnation. 9 A./9 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING STAFF TO DEVELOP AND IMPLEMENT CAPITAL IMPROVEMENTS TO ENHANCE PUBLIC HEALTH AND SAFETY AT LAUDERBACH NEIGHBORHOOD PARK, AMENDING THE FISCAL YEAR 2007 CAPITAL IMPROVEMENT PROGRAM ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT (CIP) "LAUD ERBACH PARK IMPROVEMENTS (CIP NO. PR295)," AND APPROPRIATING STATE RECREATION GRANT FUNDS IN THE AMOUNT OF $114,020 WHEREAS, Lauderbach Neighborhood Park was added to the City park system as part of the Montgomery annexation in 1985; and WHEREAS, the Boys and Girls Club ofChula Vista leases the recreation building located within the park and uses the field and tot lots for its members; and WHEREAS, Lauderbach Park is also the meeting place for an active senior citizen group that meets on a weekly basis; and WHEREAS, as is the case in many of our older City neighborhood parks, there is no public restroom; and WHEREAS, over the past several years, there have been growing community concerns regarding the health and safety of the public at Lauderbach Park because of ongoing criminal activities; and WHEREAS, in response to the concerns here and at several other parks in Chula Vista, a collaborative cross-department team including the Police, Recreation, Public Works Operations, and General Services began meeting with representatives from local businesses and the Boys and Girls Club to develop strategies to improve the situation; and WHEREAS, the overall strategy includes creating safer, more attractive park amenities that will promote more family-oriented activity in the park and serve as deterrents to undesirable behavior; and WHEREAS, with the proposed park improvements, combined with enforcement strategies, the City aims to increase overall use of Lauderbach Park and its related facilities; and /;).<0 Resolution No. 2007- Page 2 WHEREAS, there is an existing lease with the Boys and Girls Club for the Lauderbach Community Center, which runs to June 1,2018; and WHEREAS, the Parks and Recreation Commission unanimously endorsed this project on January 18, 2007; and WHEREAS, the City Council Public Safety Subcommittee received a project presentation on January 17, 2007, and in a meeting at the Boys and Girls Club on February 28, 2007, where the Subcommittee generally supported moving this project ahead; and WHEREAS, the $400,000 in funding for the proposed Capital Improvements will come from a previously allocated Per Capita State Recreation Grant and transfer from an existing project (GG 188); and WHEREAS, the proposed Capital Improvements are as follows: Fencing and Signage ($35,000), Restroom ($165,000), Security Lighting ($50,000), Rubber Surface in Tot Areas ($100,000); and WHEREAS, the remaining $50,000 will be needed to cover stafftime in developing the project and contingencies during construction; and WHEREAS, staff recommends amending the Fiscal Year 2007 Capital Improvement Program establishing a new Capital Improvement Project (CIP) "Lauderbach Park Improvements (CIP No. PR295);" and WHEREAS, staff further recommends appropriating State Recreation Grant funds in the amount of $114,020 for this project. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby authorize staff to develop and implement capital improvements to enhance public health and safety at Lauderbach Neighborhood Park. A ..:< / Resolution No. 2007- Page 3 BE IT FURTHER RESOLVED the City Council does hereby amend the Fiscal Year 2007 Capital Improvement Program establishing a new Capital Improvement Project (CIP) "Lauderbach Park Improvements (CIP No. PR295)," and appropriate State Recreation Grant funds in the amount of $114,020 for this project. Presented by Approved as to form by Dave Byers Director of Public Works Operations ~...\'~~\'\-.~ Ann Moore City Attorney J:\Anomey\RESO\FINANCE\Amend FY 07 elP Program budget - Lauderbach Nghbrhd Park_04-17-07.doc /,,2 - d ~.. RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AN INTERPROJECT TRANSFER FROM EXISTING CIP "WESTERN CHULA VISTA INFRASTRUCTURE FINANCING PROGRAM (CIP NO. GGI88)" TO PR295 IN THE AMOUNT OF $285,980 AS NECESSARY TO FULLY FUND THE PROJECT WHEREAS, the Western Chula Vista Infrastructure Financing Program was established in 2004 and included $9 million of financing for parks and drainage improvements in western Chula Vista; and WHEREAS, the drainage improvement portion ofthe program made up $4.7 million of the amount, the vast majority being utilized to rehabilitate or replace corrugated metal pipe; and WHEREAS, the balance of the funds ($4.3 million) was set aside for related projects at Harborside Park, Otay Park, and the Women's Club; and WHEREAS, work has been completed at both Harborside and Otay Parks, and only $285,980 of the bond proceeds are remaining; and WHEREAS, it has been determined that since the $285,980 in remaining bond proceeds represent less than half of what it would take to update the Women's Club (due to a 35 percent increase in construction costs dating back to January 2003), the remaining funds would not be wisely spent on the Women's Club as any improvements that could be made would be quite limited; and WHEREAS, since the remaining amount was originally set aside by the City Council for park purposes in western Chula Vista, the Lauderbach Park improvements are a better fit for the remaining bonds; and WHEREAS, the Finance Department has reviewed this change in plan to utilize the remaining funds at Lauderbach Park for compliance with the financing document and has found that the bond proceeds can be used for this purpose even though Lauderbach Park has not been identified as a specific project at the time of the financing; WHEREAS, the $400,000 in funding for the proposed Capital Improvements for PR295 will come from a previously allocated Per Capita State Recreation Grant and a transfer from an existing project (GG 188); and /:J ..)3 Resolution No. 2007- Page 2 WHEREAS, staff recommends the authorization of an interproject transfer from existing Capital Improvement Project (CIP) "Western Chula Vista infrastructure Financing Program (CIP No. GG 188)" to PR295 (Lauderbach Park Improvements) in the amount of $285,980 as necessary to fully fund the project. NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula Vista does hereby authorize an interproject transfer from existing CIP "Western Chula Vista Infrastructure Financing Program (CIP No. GG 188)" to PR295 in the amount of$285,980 as necessary to fully fund the project. Presented by Approved as to form by --:> \.).~ <0(\\\ ~{,,\~ ~ Ann Moore City Attorney Michael Meacham Director, Cons. & Environmental Services J:\Attorney\RESO\FINANCE\lnterproject transfer from ClP #GG188 to PR295 - Lauderbach Nghbrhd Park_04-1 7-07.doc /.) - P;JL! CITY COUNCIL AGENDA STATEMENT April 17, 2007 Item-13- SUBMITTED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE CERTIFICATION OF SUFFICIENCY OF AN INITIATIVE PETITION REGARDING ALLOWABLE BUILDING HEIGHT LIMITS Susan Bigelow, MMC, City Clerk dJ -p. (!j3 4/5THS VOTE: YES NO X ITEM TITLE: BACKGROUND An initiative petition regarding allowable building height limits in certain areas of the City was filed with the City Clerk on February 21,2007. The required number of valid signatures needed was 8,985 (ten percent of the voters of the City, which was 89,849 according to the Registrar of Voters' official report to the Secretary of State on September 8, 2006). The Registrar of Voters examined the signatures on the petition, and found them to be sufficient. Elections Code Sections 9211 and 9114 require the City Clerk to certifY the results of the examination to the City Council. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060( c )(3) of the State CEQA Guidelines the activity is not subject to CEQA. RECOMMENDATION Council adopt the resolution and select one of the following options (EC 9215): A. Direct staff to place the ordinance, as proposed by the proponents, without alteration, on a Council agenda for adoption within ten days; or B. Direct staff to prepare a resolution for Council adoption placing the ordinance on the ballot at the next regular municipal election (June 3, 2008); or 13-1 April 17, 2007 Iteml:1_ Page 2 of3 C. Refer the proposed ordinance to any City agency or agencies for a report, to be presented to Council within 30 days, on any or all of the following: 1. Its fiscal impact. 2. Its effect on the internal consistency of the city's general and specific plans, including the housing element, the consistency between planning and zoning, and the limitations on city actions under Section 65008 of the Government Code and Chapters 4.2 (commencing with Section 65913) and 4.3 (commencing with Section 69515) of Division 1 of Title 7 of the Government Code. 3. Its effect on the use of land, the impact on the availability and location of housing, and the ability of the city to meet its regional housing needs. 4. Its impact on funding for infrastructure of all types, including, but not limited to, transportation, schools, parks, and open space. The report may also discuss whether the measure would be likely to result in increased infrastructure costs or savings, including the costs of infrastructure maintenance, to current residents and businesses. 5. Its impact on the community's ability to attract and retain business and employment. 6. Its impact on the uses of vacant parcels ofland. 7. Its impact on agricultural lands, open space, traffic congestion, existing business districts, and developed areas designated for revitalization. 8. Any other matters the legislative body requests to be in the report. If Option C is chosen, when the report is presented to the Council, it shall either adopt the ordinance within ten days or order an election to be held at the next regular municipal election - June 3, 2008 (ECI405(b)). BOARDS/COMMISSION RECOMMENDA nON Not Applicable. DISCUSSION An initiative petition entitled, "A Petition to Adopt an Ordinance That Would Amend the General Plan to Require Voter Approval for Any General Plan Amendment That Would Increase Allowable Building Heights Above 84 Feet in Most Areas of the City, Except the Bayfront Planning Area and to Set a Building Height Limit of 45 Feet on Third Avenue Between E and G Streets" (Attachment I) was filed with the City Clerk's office on February 21,2007. The petition was forwarded to the San Diego County Registrar of Voters, and the petition signatures were validated up to the required number of 8,985 signatures (ten percent of the voters of the City, in accordance with Elections Code Section 9215). The certification by the Registrar of Voters (Attachment 2) was received March 27, 2007, and the proponents of the initiative were notified by mail on the same day. 13-2 April 17, 2007 ltem13-. Page 3 of3 According to a Memorandum of Law from the City Attorney's office dated February 22, 2007 (Attachment 3), the initiative petition did not contain the necessary language to require a special election, and therefore, the signatures were counted and validated up to the number required to place the measure on the ballot at the next regular election, Once the resolution approving the certification is adopted, the next step in the process is for the Council to: Adopt the ordinance, without alteration, at the regular meeting at which the certification of the petition is presented, or within 10 days after it is presented; or Submit the ordinance, without alteration, to the voters at the next regular municipal election; or Order a report pursuant to Elections Code Section 9212 (as outlined in Option C, above) at the regular meeting at which the certification of the petition is presented. When the report is presented to the legislative body, the legislative body shall either adopt the ordinance within ten days or order an election. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and, consequently, the 500-foot rule found in California Code of Regulations Section 18704.2(a)(l) is not applicable to this decision. FISCAL IMPACT There is no fiscal impact associated with the certification of the sufficiency of the petition; however, an appropriation will be requested once the Registrar of Voters prepares an invoice for signature validation services. The cost to include a measure on the June 3, 2008 ballot is estimated at $35,000. ATTACHMENTS Attachment 1: Initiative Petition Attachment 2: Certification oflnitiative Petition Attachment 3: Memorandum of Law Prepared by: Donna Norris, Assistant City Clerk, Office of the City Clerk 13-3 Attachment 1 PETITION FOR SUBMISSION TO VOTERS PROTECTION OF GENERAL PLAN THROUGH VOTER APPROVAL OF CERTAIN CHANGES AND DESIGNATION OF HEIGHT LIMITS Section 1. Purpose and Findin2s - Protection of overlv intensive development and taller buildin2s This ordinance is intended to protect Chula Vista residents from the traffic, visual, community character and infrastructure impacts from overly intensive development and taller buildings. The intention is to protect the General Plan, in effect as of December 13, 2005, by requiring voter approval to increase allowable building heights above 84 feet in most areas of the city, and to set a building height limit of 45 feet on Third Avenue between E and G Streets. A statement of the reasons for the proposed action as contemplated in the petition is as follows: The people of Chula Vista should have a voice in protecting the current General Plan against chartges that will increase traffic congestion, reduce available parking and cause visual impacts from high rise developments in the wrong locations. The people of Chula Vista are also concerned about the protection of the character of the Third Avenue Village area, where over- development would also have visual, traffic and parking impacts. The current General Plan recognizes that high-rise buildings have a place in Chula Vista. They should be located where transportation systems have been built to serve them, and where existing neighborhoods will not be disrupted, displaced or overburdened. Under this initiative, the Bay Front Planning Area and other areas the current General Plan already designated as suitable for high-rise development would not be affected. Under this initiative, the voters would have a voice in protecting the current General Plan against changes that would adversely affect residents' quality of life. Section 2. Amendment of the General Plan The Land Use Element of the General Plan is hereby amended to add two provisions to read: Approval of Changes to Height Limits. Except as permitted under the Chula Vista General Plan Update as approved December 13, 2005, an amendment to the General Plan approved by the City Council which has the purpose or effect of increasing the allowable building height of development within any area to exceed 84 feet, such amendment, whether approved as a general plan change, specific plan, or by any similar action, 13-4 shall not take effect unless and until approved by a majority of the registered voters in the City at an election held in accordance with this ordinance. No voter approval shall be required for any General Plan changes affecting the Bayfront Planning Area, as identified in the Land Use Element of the Chula Vista General Plan as amended and adopted in 1989. Protection of Third Avenue Village Notwithstanding any other provision of the Chula Vista General Plan, no building that is part of any development, in the Third Avenue Village, which fronts on Third Avenue between E Street and G Street shall exceed 45 feet in height. For the purposes of this section, the allowable height shall be calculated as an average above existing grade, and shall include garages and rooftop appurtenances. These items shall not apply to amendments which are necessary to comply with state or federal law. Section 3. ImDlementation A. Upon the effective date of this initiative, the provisions of this initiative shall be inserted into the General Plan as an amendment thereto, except that if the four amendments permitted by State law for the calendar year in which it is approved have already been utilized for that year prior to the effective date of this initiative, this General Plan amendment shall be the first inserted into the General Plan on January I of the following year. Any provisions of City law inconsistent with the amendment inserted by this initiative shall be unenforceable to the extent of the inconsistency. B. To ensure that the Chula Vista General Plan remains a meaningful and integrated planning document, the General Plan provisions adopted by the initiative shall prevail over any conflicting revisions to the General Plan adopted between the date of circulation and the date the amendments included in this initiative measure are adopted by the voters. C. In the event that the City Council approves a change, amendment or other land use decision which must, by the terms of this initiative, be approved by the voters of the City of Chula Vista in order to become effective, the City Council shall set the matter for public vote. D. The City Council shall call any election required by this initiative for the next available general municipal election or may, in its discretion, set a special election. Section 4. Construction Nothing in this initiative shall be construed to make illegal any lawful use presently being made of any property. Nothing in this initiative shall be construed to require more than a simple majority vote for the adoption of this initiative or for the approval of any future measure required by this initiative. Nothing in this initiative shall be construed to interfere with rights to obtain 13-5 density bonuses under affordable housing laws or limit rights or entitlements under affordable housing laws. Section 5. Severability The provisions of this initiative measure shall not apply to the extent they violate state or federal laws. If any word, sentence, paragraph, subparagraph, section or portion of this initiative is declared to be invalid by a court, the remaining words, sentences, paragraphs, subparagraphs, sections and portions are to remain valid and enforceable. Section 6. Amendment or Receal This initiative may be amended or repealed only by the voters at a City election. Section 7. Effective Date Pursuant to the State of California Municipal Elections Code section 9217, if a majority of the voters voting on a proposed ordinance vote in its favor, the ordinance shall become a valid and binding ordinance of the city. The ordinance shall be considered as adopted upon the date that the vote is declared by the legislative body and shall go into effect 10 days after that date. 13-6 Initiative Measure to Be Submitted Directly to the Voters The City Attorney has prepared the following title and summary of the chief purpose and points of the proposed measure: Title: A Petition to adopt an ordinance that would amend the General Plan to require voter approval for any General Plan amendment that would increase allowable building heights above 84 feet in most areas of the City, except the Bayfront Planning area and to set a building height limit of 45 feet on Third Avenue between E and G Streets. Summary: This petition proposes to amend the Land Use Element of the General Plan in two ways. First, except as permitted under the General Plan Update as approved on December 13, 2005, an amendment to the General Plan which will have the purpose or effect of increasing the allowable building height within any area to exceed 84 feet will not be effective until approved by a majority of the registered voters in the City. This petition will not require voter approval for any General Plan changes affecting the Bayfront Planning Area as identified in the Land Use Element of the Chula Vista General Plan as amended and adopted in 1989. Second, this petition proposes the Land Use Element of the General Plan be amended to provide that no building that is part of any development in the Third Avenue Village, which fronts Third A venue between E Street and G Street, shall exceed 45 feet in height. This petition proposes that for the purposes of the section regarding Third Avenue, the allowable height shall be calculated as an average above existing grade, and shall include garages and rooftop appurtenances. The petition proposes that in the event that the City Council approves a change, amendment or other land use decision, which must, by the terms of the petition, be approved by the voters of the City of Chula Vista in order to become effective, the City Council shall set the matter for public vote. The petition provides that the Council shall call any election required by this initiative for the next available general municipal election or may, in its discretion, set a special election. The petition further proposes that upon the effective date of the initiative, the provisions of the initiative shall be inserted into the General Plan as an amendment thereto, except that if the four amendments permitted by State law for the calendar year in which it is approved have already been utilized for that year prior to the effective date of the initiative, this General Plan amendment shall be the first inserted into the General Plan on January I of the following year; and that the initiative could only be amended or repealed by the voters at'a City election. The above is a summary of the terms of the proposed petition prepared by the City Attorney as required by Elections Code section 9203; it does not reflect any legal analysis or opinion of the City Attorney concerning the proposed measure. SDPUBISHAGERTY\33751 3.1 13-7 Attachment 2 ReoJd mal"~ 11\ 7..001 cX~~p~ MIKEL HAAS Registrar of Voters <ITountu of ~a:n ~i2g0 REGISTRAR OF VOTERS 5201 Ruffin Road. Suite I. San Die90. Caiifornia 92123-1693 Office: Fax: TOo: Toll Free: (858) 565-5800 (858) 694-2955 (858) 694-3441 (800) 696-0136 March 26, 2007 Susan Bigelow, City Clerk City of Chula Vista 276 4th Ave Chula Vista CA 91910 Dear Ms Bigelow: RE: City ofChula Vista Allowable Building Heights Following is the certification of the above named initiative petition. As directed, our office conducted a verification of up to 8,985 valid signatures from the tota120,488 submitted for verification. Results of the verification process are as follows: . Date petition was received by this office....................................................... February 22,2007 . Number of sections submitted ...............................................................................................174 . Number of signatures submitted ....................................................................................... 20,488 . Number of signatures verified ..........................................................................................12,238 . Number of signatures found NOT sufficient (includes 947 duplicates). ............................3,253 . Number of signatures found sufficient............................................................................ 8,985 . Number of signatures required ....................................................................................... 8,985 If you have any questions, please contact Elvira Vargas in the Records and Petitions Section at (619) 694-3443. Sincerely, MIKEL HAAS Registrar of V oters E~;~ Supervising Clerk, Records & Petitions 13-8 Attachment 3 ~~f? :-~~ - - - - -------- - - -- ~- -- RECEIVED CHOrA ~srA 7 FEE 22 P 4 :07 OFFICI;; OF TI-ll;; CITY ATTORN~i' GF CHUU, Vi:, - ,', CITY CLERK'S 8Ft:'!. CITY OF CHULA VISTA MEMORANDUM OF LAW DATE: February 22, 2007 TO: Susan Bigelow, City Clerk Elizabeth Wagner Hull, Assistant City Attornefvr Ann Moore, City Attorne~~ FROM: VIA: SUBJECT: Special Election Requirements MEMORANDUM OF LAW QUESTION PRESENTED Will the City Council be required to call a special election for either the Protection of the General Plan Initiative or the Elected City Attorney Act charter amendment proposal? SHORT ANSWER The General Plan Protection Initiative ("GPPI") is a measure to adopt an ordinance which limits the city's ability to modify certain provisions of the General Plan. Although the legislature has provided a way by which the proponents of a measure can require the Council to call a special election for the consideration of the initiative, the proposed measure has not complied with the procedural requirements necessary to trigger a special election. Specifically, the measure must request the calling of a special election and as currently being circulated the GPPI does not contain the necessary language. The Elected City Attorney Act is a proposed charter amendment. The legislature has provided city councils with three basic options when faced with a ballot measure proposing a city charter amendment. Those three options are to call a special election, place the measure on the ballot at any established municipal election date, or place the measure at any established election date pursuant to section 1000. The statutory framework leaves the decision to the City Council as to whether to call a special election. 13-9 Special Election Requirements February 22, 2007 Page 2 ANALYSIS 1. The Measures A. Protection of the General Plan Through Voter Approval of Certain Changes and Designation of Height Limits The GPPI petition proposes an ordinance to amend the Land Use Element of the General Plan in two ways (Attachment I). First, it requires that an amendment to the General Plan which allows building heights within certain areas of the City to exceed 84 feet be approved by the voters prior to taking effect. Second, this petition proposes the Land Use Element of the General Plan be amended to prohibit buildings proposed in the Third A venue Village from exceeding 45 feet in height. The ordinance and ballot language are silent as to when the proponents anticipate an election on the matter. The language currently being circulated does not include a request for the Council to call a special election. B. Elected City Attorney Act This petition proposes to amend Sections 500 and 503 of the City Charter to make the City Attorney an elected officer of the City, independent of the Council and other city officials and responsible to the Chula Vista residents. (Attachment 2.) This measure proposes that the City Attorney be nominated and elected to a four-year term in the same manner and at the same election as a member of the Council. This petition, in the preamble to the City Council, states that the measure should be put to the voters at an election on a date to be determined by the Council but requests the election be scheduled at the earliest possible date. II. Petition Process for Ordinance Adoption By Initiative or Charter Amendment A. Notice of Intent - Filing The proponents of a measure to adopt an ordinance or amend a city's charter must begin the process by filing a "Notice of Intent to Circulate Petition," along with the text of the measure, with the city's elections official. (Cal.Elec.Code 99 9202, 9256). At least one, and not more than three, of the proponents, must sign the notice. Jd. Once the notice is filed, the elections official must immediately provide a copy of the notice to the city attorney. (CaI.Elec.Code 99 9203(a), 9256). On September 8, 2006 the City Clerk, the City's election official pursuant to Charter Section 502, received a notice of intent to circulate a petition for the GPPI from David J. Peterson and Earl Jentz. On that same day the Clerk also received a notice of intent to circulate a petition for the Elected City Attorney Act from Norma A. Cazares 13-10 (,ITV ('\C "'Ul II ^ \llCTA Special Election Requirements February 22, 2007 Page 3 and Charles 1. Ulrich. These were forwarded by the City Clerk to the City Attorney's office. B. Ballot Title and Summary Upon receipt of the notice, the city attorney must prepare a ballot title for, and an impartial, non-argumentative statement of, the proposed measure. (CaI.Elec.Code SS 9203(a), 9256). The ballot title and statement must be prepared by the city attorney and returned to the elections official within 15 days of the filing of the notice; the elections official must then provide a copy of the ballot title and summary to the person[ s] who filed the notice. (CaI.Elec.Code SS 9203(a)-(b), 9256). Prior to circulating the petition, the proponents of the measure must place the ballot title and summary on each section of the petition, above the text of the proposed measure and across the top of each page of the petition on which signatures are to appear. (Cal.Elec.Code SS 9203(b), 9256). The City Attorney's office prepared the ballot title and summary for the GPPI and forwarded this to the City Clerk on September 22, 2006 for distribution to the proponents. The City Attorney's office retained outside counsel to prepare the ballot title and summary of the Elected City Attorney Act. This ballot title and summary were provided to the City Clerk on September 22,2006. On October II, 2006, the City Clerk informed the Attorney's office that the Elected City Attorney Act measure had been withdrawn by the proponents and a revised notice of intent and request for ballot title and summary had been received. On October 26, 2006 a new ballot title and summary were forwarded from the outside counsel to the City Clerk for distribution to the proponents of the Elected City Attorney Act measure. C. Notice of Intent - Publication Prior to circulating the petition, the measure proponents are required to publish the notice, the ballot title and the summary. (Cal.Elec.Code SS 9205, 9207, 9256). The publication shall be done in accordance with California Elections Code section 9205. (CaI.Elec.Code S 9256). Within 10 days after publication, proponents must file copies of the notice, title and summary, as published, and affidavits certifying completion of tlle publication, with the elections official. (Cal.Elec.Code SS 9205, 9256). D. Petition - Format and Circulation After the above steps are completed, the proponents may begin circulating the petition. The petition shall set forth the text of the proposed amendment, in no less than 10-point type; the petition must be on white paper, uniform in size, with dimensions not less than 8-1/2 by II inches and not greater than 8-1/2 by 14 inches. (CaI.Elec.Code SS 9257, 9262). Each section of the petition must have attached to it an affidavit of the person soliciting the signatures stating the circulators name, address, and other required information. (Cal.Elec.Code SS 104, 9022, 9209, 9261). Once a measure has qualified 13-11 .....,T\J'......I"'" ......111" 1\ \ "....."T"II Special Election Requirements February 22, 2007 Page 4 for the ballot the local government has ministerial duty to place it on the ballot. (Save Stanislaus Area Farm Economy v. Board of Supervisors (1983) 13 Cal.App.4th 141, 148, 149). E. Timing of an Election for an Initiative Petition to Adopt an Ordinance -- General Plan Protection Initiative A petition for an initiative shall be submitted to the voters in signed by at least 10 percent of the registered voters of the City. (Cal.Elec.Code S 9214). The total number of registered voters of the city shall be determined according to the county elections official's last official report of registration to the Secretary of State that was effective at the time the Notice of Intent to Circulate Petition was given. (Cal.Elec.Code S 9214). The timing of the election is determined by how many valid signatures are received by the elections official. If the initiative petition to adopt an ordinance is signed by 15% of the voters or more and the petition contains a request that the ordinance be submitted immediately to the voters at a special election, the Council may be required to call a special election. When 15 percent of the voters have signed the petition the Council shall either: (I) adopt the ordinance as presented; (2) immediately order a special election pursuant to Elections Code section 1405; or (3) order a report pursuant to Elections Code section 9212 and upon receipt of the report adopt the ordinance or order a special election. (Cal.Elec.Code S 9214). When an initiative petition to adopt an ordinance is signed by 10 percent of the voters, but less than 15 percent the Council has three options. In that case, the Council shall either: (I) adopted the ordinance as presented; (2) submit the ordinance to the voters pursuant to Elections Code section 1405(b) unless a special election is otherwise required; or (3) order a report pursuant to Elections Code section 9212 and upon receipt of the report adopt the ordinance or order an election. (Cal. Elec. Code S 9215). Elections Code section 1405, provides that if an initiative qualifies pursuant to Section 9214 (qualifies with signatures of 15 percent or more of the voters) the election shall be held not less than 88 nor more than 103 days after the date of the order of election. (Cal.Elec.Code S l405(a)). If an initiative qualifies for the ballot pursuant to Section 9215 (qualifies with signatures between 10 percent and 15 percent of the voters) the election shall be held at the next regular election. (Cal.Elec.Code S 1405(b)). Although it is unknown how many valid signatures the proponents to qualify the OPPI, will submit, the initiative does not contain a request for the measure to be submitted to the voters at a special election. If the petition is signed by 15% of the voters and it contained language requesting a special election, the Council would be required to adopt the ordinance without alteration or call special election. If the petition is signed by 10% of the voters, whether it contains a request for a special election or not, the Council would not be required to call a special election. Based upon the applicable sections of the Elections Code, the initiative as being circulated does not meet the procedural requirements, as it does not include language requesting a special election, and the Council would not be required to call a special election. 13-12 Special Election Requirements February 22, 2007 Page 5 "Voter action by initiative is so fundamental that it is described 'not as a right granted the people, but as a power reserved by them.'" (Associated Home Builders, etc., lnc v. City of Livermore (1976) 18 CalJd 582, 591 citing Native American Sacred Site and Environmental Protection Association, et al. v. City of San Juan Capistrano (2004) 120 Cal.AppAth 961, 965). Thus, "courts are required to liberally construe this power (ibid.) and accord it 'extraordinarily broad deference.'" (Pala Band of Mission lndians v. Board of Supervisors (1997) 54 Cal.AppAth 565, 573-574 citing Native American Sacred Site and Environmental Protection Association, et al. at p. 966). Once a measure has qualified for the ballot the local government has ministerial duty to place it on the ballot. (Save Stanislaus Area Farm Economy v. Board of Supervisors (1983) 13 Cal.AppAth 141, 148, 149). Based upon this deference to the initiative process, the proponents may assert an equity argument that the citizens have expressed their desire to see this change in the law and that it should be placed before them as soon as possible. However, without the language stating the intent to call a special election in the measure there is no way to know whether the citizen's would have signed the petition knowing that it would require calling special election at a cost to the City of approximately $450,000-$500,000. "A paramount concern in determining whether a petition is valid despite an alleged defect is whether the purpose of the technical requirement is frustrated by the defective form of the petition." (Assembly v. Deukmejian (1982) 30 Cal.3d 638, 652, 180 Cal.Rptr. 297, 639 P.2d 939 citing MHC Financing Ltd. Partnership Two v. City of Santee (2005) 125 Cal.AppAth 1372). The purposes served by the ballot title and summary requirement of section 9203, subdivision (b), are: (1) to reduce the risk that voters were misled when signing the petition, (2) to allow verification that the signers had a neutral explanation of the proposed ordinance available to them when signed; and (3) to prevent signatures from being submitted in support of a different measure than that for which they were procured. (Alliance for a Better Downtown Mil/brae v. Wade, supra, 108 Cal.AppAth at pp.l30- 131, 133 Cal.Rptr.2d 249). There is a question as to whether the voters may have been misled as to the timing and cost of implementing this measure. Consequently, with the procedural deficiencies the Council would most likely not be required to call a special election. F. Timing of an Election for Charter Amendment Petition - Elected City Attorney Act A petition for an amendment to a city charter shall be submitted to the voters only if it is signed by at least 15 percent of the registered voters of the city. (Cal.Elec. Code S 9255(a)(3)). The total number of registered voters of the city shall be determined according to the county elections official's last official report of registration to the Secretary of State that was effective at the time the Notice of Intent to Circulate Petition was given. (Cal.Elec.Code S 9255(c)). Only a person who is a qualified registered voter at the time of signing the petition is entitled to sign it. (Cal.Elec.Code SS 9020, 9259). A charter proposal shall be submitted to the voters at either a special election called for that purpose, at any established municipal election date, or at any established 13-13 ('ITV Ill:: ,...WI II ^' 'ICT^ Special Election Requirements February 22, 2007 Page 6 election date pursuant to section 1000, provided that there are at least 88 days before the election. (Cal.Elec.Code S 9255(a)). Additionally, Elections Code section 1415 states: City or city and county charter proposals that qualify pursuant to Section 9255 shall be submitted to the voters at either the next regular general municipal election occurring not less than 88 days after the date of the order of election, or at a special election called for that purpose or on any established election date pursuant to Section 1000 occurring not less than 88 days after the date of the order of election. "[T]he two statutes governing initiatives to repeal or amend city charters have no maximum time limits. Nothing in them requires a city council to "order" the election at the very next available opportunity. Indeed, the very fact that each statute allows options in election dates refutes that idea." (Jeffrey v. Superior Court (2002) 102 Cal.App.4,h I, 6). In analyzing the requirements for the placement of the Elected City Attorney Act on the ballot, state law provides the Council with the option of calling a special election, placing the measure on the next regularly scheduled municipal election, or placing it on the ballot at the time of an election pursuant to Elections Code section 1000. Although the proponents may desire to have their measure presented to the public immediately, the legislature and case law provide the Council with the discretion to choose the election at which the measure is heard. Both Elections Code section 9255 and 1415 provide minimum, but not maximum, time limits for the consideration of charter amendments. This is in direct contrast to the Elections Code provision governing the initiative process identified above for the GPPl. (Cal.Elec.Code SS 9214, 9215, and 1405). Consequently, the City Council has the option of calling a special election once the Elected City Attorney Act qualifies for the ballot but the Council would not be required to do so. This discretion is limited in that the COlmcil cannot delay indefinitely or to an election after the effective date identified in the ballot measure. (Jeffrey at p. 10). As presented, the Elected City Attorney Act does not contain a specific date for its implementation. IV. Conclusions A. General Plan Protection Initiative The GPPI is a measure to adopt an ordinance that limits the city's ability to modify the General Plan. Although the legislature has provided a way by which the proponents of an initiative can require the Council to call a special election, the proposed measure has not complied with the procedural requirements necessary to trigger a special election. Specifically, the measure must request the calling of a special election and as currently being circulated the GPPI does not contain the necessary language. 13-14 .......1"T"\f......r'.....llIll 1I\1t,-..'T.. Special Election Requirements February 22, 2007 Page 7 B. Elected City Attorney Act The Elected City Attorney Act is a proposed charter amendment. The legislature has provided city councils with three options when faced with a ballot measure proposing a city charter amendment. Those three options are to call a special election, place the measure on the ballot at any established municipal election date, or place the measure at any established election date pursuant to section 1000. The statutory provisions and case law make it clear the Council has the discretion to determine when to place the matter before the voters. 13-15 .....I~,.......r-.....',,"...'''.........A J' ' vD)'",esfcY>cL..."CL r.iC: 'r\-e..","',", l? I Ap(~' \ 17; :A:0~ Donna Norris From: Sent: To: Cc: Subject: Leticia Lazo on behalf of CityClerk Monday, April 16, 2007 8:21 AM Susan Bigelow Donna Norris FW: GPPI>>>> -----Original Message----- From: BILL ' Sent: Satur ay, To: CityClerk Subject: GPPI>>>> CITY COUNCIL: Please adopt the GPPI........ .... ....... Or call a special election... .... ....... Thank you, Bill & Leah Pack ~ d)..\<s~; bu--.-\ccY' l.) ~ CD lJ-.f"\c...0 tt ~ ~tmyY\e~ c.~ ~ HWi\.0-'-J f C~ "J tuv Vi 1 CORRESPONDENClPa~1 of 1 ITEM 13, APRIL 17, 2007 Leticia Lazo From: Ned Ardagn~ Sent: Tuesday, April 17, 20074:34 PM To: CityClerk; Cheryl Cox; Rudy Ramirez; Jerry Rindone; John McCann; Steve Castaneda Subject: Building Height Initiative Support for Adoption Re: Item 13 of the April 17, 2007 City Council Agenda: Dear Honorable Mayor and Council Members: I am writing to support the adoption of the initiative to limit the height of buildings on Third Avenue and urge you to adopt the initiative without further delay as described in sub-part A of Agenda Item No. 13. Should you determine that the matter should be placed on the ballot for a vote by the entire voter population of the City I urge you to place it on the ballot prior to the June, 2008 date suggested by City Staff. This matter is being closely watched by the entire population of the City in both the western & eastern geographic regions and your decision could become the topic of many future political debates. I will attempt to attend the City Council meeting to voice my support in person but have scheduling conflicts. Very truly yours, Ned Ardagna **** This e-mail communication contains CONFIDENTIAL INFORMATION WHICH ALSO MAY BE LEGALLY PRIVILEGED and which is intended only for the use of the intended recipients identified above. If you are not the intended recipient of this communication, you are hereby notified that any dissemination, distribution, downloading, or copying of this communication is strictly prohib If you have received this communication in error, please immediately notify the above bye-mail or telephone and delete the communication and d Thank you for your cooperation. **** DISTRIBUTION: CITY COUNCIL CITY ATTORNEY CITY MANAGER CITY CLERK 4/17/2007 Donna Norris CORRESPONDENCE RE: ITEM 13, APRIL 17, 2007 From: Sent: To: Cc: Subject: Leticia Lazo on behalf of CityClerk Monday, April 16, 2007 8:20 AM Susan Bigelow Donna Norris FW: Third Avenue Height -----Original Message----- From: Suzanne Kushnir r Sent: Saturday, April 14, 2007 To: CityClerk Subject: Third Avenue Height To Whom It May Concern. Please keep the maximum height for buildings on Third Avenue in Chula Vista at 45 feet. Let's not over-urbanize Chula and completely change the character of our city (ie. the horrible police station). Thank You, Suzanne Kushnir Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com DISTRIBUTION: CITY COUNCIL CITY ATTORNEY CITY MANAGER CITY CLERK 1 CORRESPONDENCE RE: ITEM 13. APRIL 17 2007 , Donna Norris From: Leticia Lazo on behalf of CityClerk Sent: Monday, April 16, 2007 8:19 AM To: Susan Bigelow Cc: Donna Norris Subject: FW: GPPI and the UCSP -----Original Message----- From: Isla Morri Sent: Saturday, Apri 14, 2007 6:09 PM To: CityClerk Subject: GPPI and the UCSP Dear City Clerk, I am not able to attend the council meeting scheduled for April 17th, however, I want to make my views known. I urge the council to either adopt the General Plan Protection Initiative (GPPI) that has qualified to be placed on the ballot, or call a prompt election to resolve the issue prior to approval of the Urban Core Specific Plan (UCSP). Over 20,000 Chula Vistans have signed the GPPI, which should send the message loud and clear to the city council that everyday people are not in favor of the proposed UCSP as it now stands. I was so hopeful that with the election of a new mayor and council member we would see a change in the city council's willingness to listen to the will of the people. I am disheartened by the apparent disregard of the voice of the constituency when it comes to these issues. It's not too late for the right decision to be made. Please let the council and mayor know that I am strongly opposed to the proposed UCSP. DISTRIBUTION: CITY COUNCIL CITY ATTORNEY CITY MANAGER CITY CLERK 4/16/2007 Donna Norris CORRESPONDENCE RE: ITEM 13, APRIL 17, 2007 From: Sent: To: Cc: Subject: Leticia Lazo on behalf of CityClerk Tuesday, April 17, 2007 9:37 AM Susan Bigelow Donna Norris FW: GPPI -----Original Message----- From: Eunice Seltenric Sent: Monday, April 16, To: CityClerk Subject: GPPI To the people in City Hall: My husband and I support the GPPI and urge you to either immediately adopt the changes called for by the GPPI, or call a prompt election. Please take prompt action. End the divisiveness and protect our historic downtown area. Keep Third Avenue our downtown village. Sincerely, Phil and Eunice Seltenrich Get a FREE Web site, company branded e-mail and more from Microsoft Office Live! http://clk.atdmt.com/MRT/go/mcrssaub005000l4llmrt/direct/Ol/ DISTRIBUTION: CITY COUNCIL CITY ATTORNEY CITY MANAGER CITY CLERK , . 1 ~Yresporde(\ce... r-e" : 1~~ hO.13( A-pr', \ \ 7/ ;lDt) r") Donna Norris Rce;Clvtu From: Sent: To: Cc: Subject: Leticia Lazo on behalf of CityClerk Thursday, April 12, 2007 3:45 PM Donna Norris Susan Bigelow FW: GPPI '07 APR 12 P4:50 CITY OF CHULA ViS r r... CITY CLERK'S OFFICE -----Original Message----- From: June Leonard Sent: Thursday, April 1 , -2007 To: CityClerk Subject: GPPI TO THE CITY COUNCIL: Either adopt the General Plan Protection Initiative or call a prompt election to resolve this issue. Some city. Please city. people are not able to attend council meetings to find out We are still interested in what is happening to our city listen to what the majority of the people want to happen what is going on in our and outlying areas. in the future of our fair Sincerely, Eugene L. Leonard June M. Reilly Leonard ~ PeoplePC Online A better way to Internet http://www.peoplepc.com '--j:)\s+r-; ~OY''' CL\~ tOVJiW G~ A-wu(n~ C; ~ V\,{ ().N'.~ef (;, (jbil 1 Coae SpDnde0C.L Ire: J- l:e.rn \ '6) Afri \ \7, ;;2oQ '7 Page 1 of 1 RECEIVED Donna Norris '07 APR12 PS:56 From: JaCkDaviS~ Sent: Thursday, April 12, 20074:51 PM To: CityClerk CITY OF CHULA VIS U. CITY CLERK'S OFFICE Chula Vista City Clerk, We, Jack & Judith Davis, 254 Vista Del Mar Court, C.V., CA. We don't want the high rise buildings (84 root) built on 3rdAvenue. We've been very active in the cities General Plan. We located in Chula Vista because, onts small town charm. If this plan contiues in the direction to allow larger buildings on 3rd Avenue to reach the 7 story height, we'll move out and you'll lose us as a tax base resident. That is how much we're against the high rise buildings. We're not against the basic revitalization in the General Plan. Sincerely ,Jack & Judith Davis p\s-tn Io.v--ncsn'. t; t:J ~\A.\f"\ c:.J et~ At+omej 01 0~e\ ~~ tAe..y\"\ 4/12/2007 CORRESPOND~l ~el ITEM 13, APRIL 17, 2007 Donna Norris From: Leticia Lazo on behalf of CityClerk Sent: Friday, April 13, 2007 7:43 AM To: Donna Norris Cc: Susan Bigelow Subject: FW: NO MORE TALL BLOGS! Follow Up Flag: Follow up Flag Status: Red -----Original Message----- From: Bonnie 5eebe'-- [ IT Sent: Thursday, April 12, 2007 5:57 PM To: CityClerk Subject: Re: NO MORE TALL BLDGS! Chula Vista shud never have any more buildings higher than 7 stories!!! I've lived here since 1982 and love the atmosphere here as it still seems like a lovely small town. Developers will always want to build higher - don't let them spoil Chula Vista!! Bonnie Seeber DISTRIBUTION: CITY COUNCIL CITY ATTORNEY CITY MANAGER CITY CLERK' . . 4/16/2007 Donna Norris CORRESPONDENCE RE: ITEM 13, APRIL 17, 2007 From: Sent: To: Cc: Subject: Leticia Lazo on behalf of CityClerk Monday, April 16, 2007 8:16 AM Susan Bigelow Donna Norris FW: GENERAL PLAN PROTECTION INITIATIVE -----Original Message----- From: Susan Watry Sent: Saturday, April 14, 2007 7:58 To: Steve Castaneda; Jerry Rindone; John McCann; Cheryl Cox; Rudy Ramirez; CityClerk Subject: RE: GENERAL PLAN PROTECTION INITIATIVE Mayor and City Council City Clerk: There will be no trust, no peace in Chula Vista as long as you continue to ignore the citizens and continue to ram through your grandiose redevelopment plans. Others before you have tried and gotten nowhere. It is time for you to begin to act as though the citizens are partners and not the enemy, time to build a sense of trust so we can move on. A good beginning would be to either adopt the GPPI or call an election as soon as possible so this can be resolved before approving the UCSP. Not doing so is almost sure to result in further turmoil - which none of us want. __ Wat~ DISTRIBUTION: CITY COUNCIL CITY ATTORNEY CITY MANAGER CITY CLERK 1 Donna Norris Co-n e ~pfJndev-Le re: rkv-n 13) A.r \ '1 2IJo7 From: Sent: To: Cc: Subject: Leticia Lazo on behalf of CityClerk Monday, April 16, 2007 8:15 AM Donna Norris Susan Bigelow FW: Adopt the GPPI! -----Original Message----- From: raquel kinney ~ Sent: Sunday, April ~ 12:14 PM To: CityClerk Subject: Adopt the GPPI! Hello! Please either adopt the GPPI, or call a prompt election to resolve this issue PRIOR to approval of the UCSP. Please listen to the many, many voices who are asking for this issue to be resolved.. NO tall buildings on Third Avenue in Chula Vista!!! Don't ignore the will of the people!! We are a lot of Hispanics that are getting involved!!! Remember if you want to be elected, you have to listen to the will of the people! Thank you, Raquel Kinney Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com D \,';,+,-, ~l:>+'''''' ~ .C; ~ CoU-VI c.J; ~~ . fM-mrile-) ~~ ~~~ ~~ ~~ 1 Corre~nJen4 re' Page 1 ofl ~ \3, .Jvrr-'t I llj,;)DD7 Donna Norris From: Leticia Lazo on behalf of CityCierk Sent: Monday, April 16, 2007 8:15 AM To: Donna Norris Cc: Susan Bigelow Subject: FW: GPPI Initiative -----Original Message----- From: Dave Evan~ Sent: Sunday, April 15, 2007 8:32 PM To: CityClerk Subject: GPPI Initiative I'm in complete support of the GPPI initiative, restricting building heights in the redevelopment of north-western Chula Vista. The Council needs to either adopt this initiative or place it on a ballot for an early test of voter sentiment, prior to approval of the GCSP. David M. Evans --::b \'S+r, loll+:' 0 n: C;~ to\Ml\~ ~~ f\+ruyne'f ~+:J ~ G'J ~ 4/16/2007 CORRESPONDENCEuRB ITEM 13, APRIL 17, 200; Leticia Lazo From: Gretchen Evan- Sent: Tuesday, April 17, 20071:55 PM To: CityClerk Subject: GPPllnitiative I totally support the general plan protection initiative restricting heights in the redevelopment of north-western Chula Vist The Council needs to adopt this initiative or add it on a ballot for an early test of voter opinion before the approval of the GCSP. We had a beautiful downtown shopping area & it should not be destroyed by high-rise trash. Gretchen N. Evans Chula Vista, CA 91910 DISTRIBUTION: CITY COUNCIL CITY ATTORNEY CITY MANAGER CITY CLERK CORRESPONDENCli...RE - . .I. - ITEM 13, APRIL 17, 200i Leticia Lazo From: Sent: To: Subject: City Council Attention: All members Please be real careful in planning the future of Third Avenue. Keep it like La Mesa, small and quaint. Why have green belts and crowded cities.... have a peaceful place to walk around, conviel parking...no tickets, free parking, let's get real. Make some good grown-up decisions that are for the people. Thanks, The Bales Family Native Chula Vistians Ahhh...imagining that irresistible "new car" smell? Check out new cars at Yahoo! Autos. DISTRIBUTION: CITY COUNCIL CITY ATTORNEY CITY MANAGER CITY CLERK Leticia Lazo CORRESPONDENCE RE: ITEM 13. APRIL 17. 2007 From: Jackie Morud~ Sent: Monday, April 16, 2007 2:34 PM To: CityClerk Subject: General Plan I am again voicing my opinion, as have thousands of other Chula Vista residents, in opposition to high-rise buildings in the Third Avenue Village, which would destroy the character of our fair city. I strongly urge City Council to either adopt the General Plan Protection Initiative or call a prompt election to resolve this issue prior to approval of the Urban Core Specific Plan. There are plenty of other locations for high-density construction Uust look around at the sea of housing surrounding Chula Vista). The ambitious plans for our waterfront and the never-ending construction of housing and malls should be lucrative enough to appease builders and City officials without infringing on or ignoring the will of the people. Jackie Morud DISTRIBUTION: CITY COUNCIL CITY ATTORNEY CITY MANAGER CITY CLERK 4/17/2007 Donna Norris CORRESPONDENCE RE: ITEM 13, APRIL 17, 2007 From: Sent: To: Cc: Subject: Leticia Lazo on behalf of CityClerk Monday, April 16, 20078:21 AM Susan Bigelow Donna Norris FW: UCSP -----Original Message----- From: Joan Roseman Sent: Saturday, April 14, 2007 5:14 PM To: Ci tyClerk Subject: UCSP Madam Mayor and Council Members, Incorporate the 45 foot height limit into the Urban Core Specific Plan. DO NOT ignore the will of the people who signed the Initiative. How difficult can it be t 0 make that small change in the UCSP? Let's corne together and move on! DISTRIBUTION: CITY COUNCIL CITY ATTORNEY CITY MANAGER CITY CLERK 1 CORRESPONDENCE RE: ITEM 13, APRIL 17, 2007 Donna Norris From: Leticia Lazo on behalf of CityClerk Sent: Monday, April 16, 2007 9:59 AM To: Susan Bigelow Cc: Donna Norris Subject: FW: Redevelopment Plan -----Original Message----- From: Dr. Tom Mautner Sent: Monday, April 16, 20 9: S A To: Cheryl Cox; rramirex@chulavistaca.gov; John McCann; Jerry Rindone; Steve Castaneda; CityClerk Cc: Dr. Tom Mautner Subject: Redevelopment Plan Dear Mayor and City Council Members: It is disturbing to read that the City of Chula Vista leaders are ignoring and potentially throwing away the regulations voted into effect by the City's citizens. More importantly, it has been reported that the Mayor, and others, are taking the side of the developers rather than the best interests of the City. The Chula Vista Council should adopt the guidelines proposed in the latest voter initiative which has been endorsed by the required number of registered voter signatures and many others. Failure to adopt a plan (demonstrated viable by the Citizen group(s)) in the best interests of the City indicates the "selling out" of City Officials to irresponsible developers. At this point in time, it makes one wonder who will really benefit from the latest City plans. Developers? Citizens? Respectfully, Dr. Tom Mautner DISTRIBUTION: CITY COUNCIL CITY ATTORNEY CITY MANAGER CITY CLERK 4/16/2007 Donna Norris CORRESPONDENCE RE: ITEM 13. APRIL 17. 2007 From: Sent: To: Cc: Subject: Leticia Lazo on behalf of CityClerk Monday, April 16, 2007 8:17 AM Donna Norris Susan Bigelow FW: Adopting the GPPI -----Original Message----- From: Richard Swallow ~ Sent: Saturday, Aprll 14, 2007 7:31 PM To: CityClerk Subject: Adopting the GPPI It is incumbent upon the city council to obey the will of the people, and that is to either adopt the changes called for by the GPPI ir to call a prompt election, and that being before pushing through the Urban Core Specific Plan. Shame on any elected official not supporting the will of those citizens who trusted their candidates enough to put them in office. DISTRIBUTION: CITY COUNCIL CITY ATTORNEY CITY MANAGER CITY CLERK 1 To: Chula Vista Cty r:!erk's Office Page 1 of 2 2007-04-1800:12:35 (GMT) From: Mitchell Berner RECEIVED FAX COVER SHEET '07 APR 18 Al0 :22 TO Chula Vista City COMPANY Chula Vista City FAXNUMBER'tIII.- ... FROM Mi tchell Berner DATE RE Clerk's Office Clerk's Office CITY OF CHULA VIS tI~, CIlY l;LERK 5 OFFICi: ~ 2007-04-18 00:11:02 GMT Tonight's Item 13 COVER MESSAGE Can you please distribute this letter to the Mayor, Council, City Attorney and City staff for item 13 tonight? I am not able to attend in person, Thank you. ~5ITI~- C~ht miAV~ L~ 4Holuwy " (1mrn U-~ T:J:-vdvf/~ I)uto-ciffl- ipLfuw..UVJl <T~/c~ 1>ti~,f-L www.efax.com Honorable Mayor Cox and Members of the City Council City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 N rn 0 < -0 rr1 U1 0 g \0 Tuesday, April 17, 2007 Subject: Council Docket Number 13: Consideration of Acceptance of Certification of Sufficiency of an Initiative Petition Regarding Allowable Building Height Limits Dear Mayor Cox and Members of the City Council: I am writing on behalf of Inland Industries Group LLC, the owners of the 19-acre bayfront business park located at 1011-1161 Bay Boulevard, regarding the proposed initiative before you this evening. I am writing to request the City Council direct the City Attorney and City Manager to evaluate whether or not the proposed initiative applies to the business park properties located at 1011-1161 Bay Boulevard. It is my understanding that the business park properties of 1011-1161 Bay Boulevard are in fact within the Bayfront Specific Plan west of Interstate 5; may be within the City of Chula Vista's Bay Front Planning Area as identified in the Initiative; and could otherwise be designated under the Chula Vista General Plan a site suitable for high-rise development. There are provisions in the Initiative that would seemingly cause the Initiative to not apply to the properties at 1011-1161 Bay Boulevard. We would appreciate having the City Attorney and City Manager evaluate whether or not the Initiative applies to these properties. I'm sorry I can not attend tonight's meeting, and thank you in advance for your consideration. Sincerely, ~e(f- President cc: City Clerk's Office City Attorney's Office Planning and Building Department Director Inland Industries Group LLC (")(") ~ =t~ ::u -<-< (")0 ~ fT1 r-""T1 (") mC") rn ::I:I=<: N ::><:c::: 0 < v;r- o~ -0 r',Ci ." ""T1< U1 0 ~v ~ 0~ f"'711_~ 0 HOW 00 YOU THEM? 110 West C Street, Suite 1300' San Diego, California 92101 . P 619.645.5247 . F 619.645.52' RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE CERTIFICATION OF SUFFICIENCY OF AN INITIATIVE PETITION REGARDING ALLOW ABLE BUILDING HEIGHT LIMITS WHEREAS, an initiative petition entitled, "A Petition to Adopt an Ordinance That Would Amend the General Plan to Require Voter Approval for Any General Plan Amendment That Would Increase Allowable Building Heights Above 84 Feet in Most Areas of the City, Except the Bayfront Planning Area and to Set a Building Height Limit of 45 Feet on Third Avenue Between E and G Streets" was filed with the City Clerk's office on February 21, 2007; and WHEREAS, pursuant to California Elections Code Section 9215, the required number of signatures was 8,985, which was ten percent of the 89,849 voters in the City of Chula Vista as officially reported by the County Registrar of Voters to the Secretary of State on September 8, 2006; and WHEREAS, the San Diego County Registrar of Voters verified 8,985 signatures, and certified the results of its examination (Exhibit A). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept the certification of sufficiency of an initiative petition entitled, "A Petition to Adopt an Ordinance That Would Amend the General Plan to Require Voter Approval for Any General Plan Amendment That Would Increase Allowable Building Heights Above 84 Feet in Most Areas ofthe City, Except the Bayfront Planning Area and to Set a Building Height Limit of 45 Feet on Third Avenue Between E and G Streets," Presented by: Approved as to form by: :::.~_Ll d 1 ~-<;~ L~ Susan Bigelow, MMC City Clerk fl:~MLf/./d/1L~ .' n Moore .' City Attorney . " 13-16 ~V~ -.- .-- --- ~-::E~~ Mayor and City Council City Of Chula Vista 276 Fourth Avenue Chula Vista, Ca 91910 619.691.5044 - 619.476.5379 Fax MEMO CIlY OF CHUlA VISTA Thursday, April 12, 2007 TO: Members of the City Council Independent Financial Review subcommitte~ Overview ofEPS Independent Financial Review FROM: RE: The financial structure of the City of Chula Vista is in transition. Opinions have been expressed as to the nature of the city's current financial status, the reasons for reaching this point, and direction to guide future actions. An independent financial review is an appropriate mechanism for an objective look at budget imbalances and to help the City Council and staff establish a sustainable basis for future budgets. With City Council concurrence, Mayor Cox and Councilmember Steve Castaneda formed an Independent Financial Review Subcommittee, through which a Request for Proposal to complete the specified scope of work was issued on January 4, 2007. The Council approved the final consultant selection and the scope of work on February 6, 2007. Economic & Planning Systems, Inc. (EPS) was selected and began working with City staff in March. The scope of work was broad, the time frame to complete the effort within 60 days was aggressive and the budget was limited to $40,000. EPS analyzed existing data, and identified high level policy issues and offered recommendations for future action. The attached report is offered by the Council Subcommittee to the City Council for discussion. Its contents have implications for next fiscal year's budget decision making. It identifies areas where financial management can be strengthened. Importantly, the consultant concluded that the fiscal sustainability and well-being of Chula Vista depend on the City Council: . Fully recognizing revenue limitations and risks, . Achieving economic development objectives, . Establishing clear expenditure priorities, and . Balancing decisions regarding capital improvements, staffing levels and compensation, and services against conservative revenue forecasts. Following the consultant's presentation and the City Council discussion on April 17, 2007, the Subcommittee will work with the consultant to bring back a final version in two or three weeks I 15-1 for the City Council's acceptance of the report. The Subcommittee anticipates that the City will consider the report's findings and recommendations as budget policies are set for 2007-08. 2 15-2 Economic & Planning Systems Puui;.. Fjn<Jtlu' Rei)! E.'ul.Jr E(mJOttlj,'~ RfgiM;,;f r(~IIMtllr.< Land l..',,, Polin' CHULA VISTA INDEPENDENT FINANCIAL REVIEW Prepared for: City of Chula Vista Prepared by: Economic & Planning Systems, Inc. April 2007 EPS #17006 BE R K E LEY SAC RAM E 1\1 T 0 DEN V E R ::'5i.'j :\inrh:;rfc'd Suire-20r; nll:'nc; ~1(Hq,. '!')0 f,l.' 51;J .~,! .'i~(,:'< phon~ 'i] ,;.',4')-2;' (a~ I {;-\'4'i--2'l7u ph"",'; ., I'.l.'>;:'; i~' ~ fot.\ :'13_62.<"'".1''' .Be,'kele::, ,-'-; 'i~7,;;-::)!5 ,\-ww."'lH\'~.~('rn 15-3 TABLE OF CONTENTS I. INTRODUCTION .................................... ..... ............................. ....................................1 II. BACKGROUND.. ................... ..................................................... .................................. 2 III. FINDINGS.................................................................................................................... 3 Financial Condition.................................................................................................. 3 Financial Management ...... ........................................................................ ...............5 Financial Forecast..................................................................................................... 6 Implications of Future Development ......................................................................9 Capital Investments and Related Maintenance Obligations ...............................12 Tax Increment Financing........................................................................................ 13 Retirement Liabilities............................................................................................. 16 IV. STRENGlHENING CHULA VISTA'S FINANCIAL CONDmON .....................................18 BIBLIOGRAPHY ApPENDIxA: BACKGROUND DATA 15-4 LIST OF FIGURES AND TABLES Figure 1: Figure 2: Table 1: Table 2: Table 3: General Fund Revenues and Expenditures ......................................................3 General Fund Revenues and Expenditures (Projected)...................................7 Chula Vista Residential Development Capacity .............................................. 9 Additions to City Assets ..................................................................................12 PERS Required Contribution Rates (1) ...........................................................17 15-5 I. INTRODUCTION This independent financial review provides the City of Chula Vista with a set of findings and a related set of recommendations intended to address the current budget imbalance and to establish a sound and sustainable basis for future budgets. The financial review is focused upon determining the magnitude of the current budget problem and illuminating the factors that may have led to the current situation. This independent review is based upon a thorough review of prior City budgets, annual audits, and related financial information. The financial review also considered financial information and strategic plans provided by individual departments. The City of Chula Vista is a vital, growing city located in the southern portion of the San Diego metropolitan region and covers about 50 square miles. The City is home to more than 220,000 people, marking it as the second largest city in San Diego County. The City has grown dramatically in recent years; in 2003, the Census Bureau identified Chula Vista as the seventh fastest growing city in the United States. Since 1990, the population grew at an average compounded rate of four percent annually. Recent trends indicate a slowing of this growth rate linked to the downturn in the housing market. Longer term prospects are sound - there remains substantial development capacity and regional economic trends are favorable. The City's Budget has also grown substantially reflecting an ongoing effort to maintain and improve service standards and quality of life for the growing population. The City's municipal service standards are equal to or better than those of comparable cities in the State. The City's Growth Management Ordinance requires that these service standards be maintained or improved as the City grows. The approximately $170 million annual budget provides for a broad range of public services including general government, public works, police and fire, planning and building, community development, recreation and library. Staffing levels have generally grown proportionate to population growth in recent years. Major new construction of public facilities and infrastructure has occurred in recent years, funded in large part by impact fees but also relying upon general revenue sources as well. New facilities have included a new police station, a major renovation of the Civic Center complex, three fire stations, new city parks and three recreation centers, an animal shelter, a new corporation yard, and a significant amount of new road infrastructure improvements. The City is also undertaking redevelopment activities along its Bayfront, in the downtown, area and along older commercial corridors. As the City transitions from a sustained period of high growth and development to a more stable level, it faces many transitional issues. Slowing revenue growth and continued cost growth create a significant set of challenges, compounded by current budget conditions, to achieving a fiscally sustainable city. While there are existing and future challenges to be faced, the prospects for the City are very sound given regional market conditions, local development opportunities, the extensive capital investments that have been made, and the capabilities of City staff. 1 P: \ 17000$ \ 17006ChulaFinRvw IRcpart \ 17006rpl5.doc 15-6 II. BACKGROUND AND ApPROACH Following years of steady growth in municipal revenues and expenditures Chula Vista has encountered a period of fiscal stress, evidenced by increasing difficulty in balancing the budget in the past few years. Approaching the 2007-08 fiscal year, revenues continue to fall short of expenditures requiring further draws on reserves and reductions in expenditures. In view of these difficulties, the City Council commissioned this independent financial review to shed light on the causes of the current problems, offer recommendations that address the current problem, and establish a sustainable approach to budgeting in the future. Specifically, the request for proposals for the independent financial review highlighted eight desired results: . A summary of the current approach used by the City in managing its finances. . A review of the current state of the City's financial condition. . A determination of the most pressing factors on the City's financial condition in the five and ten-year time horizons. . A discussion of the financial implications of major development including continued residential development and revitalization and redevelopment projects. . A review of capital, infrastructure and maintenance commitments and spending. . A review of past and current use and capability of tax increment financing. . An assessment of the financial implications of unfunded retirement system liabilities. . Recommendations for strengthening Chula Vista's financial condition. The independent financial review has consisted of an intensive review of financial documents provided by the City, a detailed evaluation of fiscal (costs and revenue) trends, consideration of market trends and circumstances, a formal workshop with key City management and departmental staff involved in budget making, and selected interviews with key City staff members. The findings and recommendations included in this independent financial review are entirely the opinion of the consultant, based upon the technical analysis conducted. 2 P:\17DOOs\17006ChulaFinRvw\Repw/\17006rpl5.doc 15-7 III. FINDINGS During the last decade, the City of Chula Vista has successfully managed a very rapid growth rate, requiring a substantial effort involved with planning, administering, and investing in necessary infrastructure and expansion of municipal services. It has long been recognized that growth itself was generating substantial direct (e.g., service charges and fees) revenues that would subside along with development, both cyclically and as the community approaches "buildout". However, it has also been assumed that the more stable revenue base of the City, including property taxes and sales taxes, would also grow and eventually compensate for rapidly increasing recurring costs and a downturn in service charges and fees. Although it is likely that this is true in the long run, delays in the timing of stabilized revenues vs. the loss of development revenues have contributed, along with several other factors, to short-term financial stress. The following findings respond to the first seven" desired results" of the independent financial review. A subsequent chapter addresses related recommendations. FINANCIAL CONDITION 1. The City of Chu/a Vista financial condition was stressed in the current budget cycle (2006 and 2007). a. Current budget conditions were precipitated by substantial increases in costs, and revenues falling behind growth seen in prior budgets. Figure 1 illustrates the recent use of reserves and one-time funding sources as expenditures outpaced revenues. Figure 1 General Fund Revenues and expenditures $170 $140 Use of Reserves & One- TlIlle Revenues to Fund Sha1faIls & Md-Year }\ppropIiatiQls c o =$110 'E $80 $50 ~'O ~"\ ~'b .S> _C\ ~" ~'" ~" -'" ~<O ~'O ~ "dj'J "dj'J "dj'J "q,"'- 'fl"" 'flv 'flv ",Cv ",C'" 'flv 'flv 'flv b. Expenditure increases included significant salary increases (including an initial 8 to 10 percent increase for Public Safety employees beginning in FY06, an increase in debt service of $6 million annually over the past five years (a portion funded by the General Fund) to pay for major new public facilities, and a significant increase in Public Employee Retirement System (PERS) contribution rates. c. Mid-year appropriations have also had a major impact on the need to draw- down reserves. From FYOl through FY06, mid-year appropriations, net of offsetting revenues, totaled $24.2 million. 3 P"\17000s\17006ChuIllFinRvu'\Repart\17006rpt5.doc 15-8 Chula Vista Financial Review April 12, 2007 d. The effects on reserves were compounded by limited revenue growth, including revenue "take-aways" by the State; a loss of franchise revenue in 2003 caused by declining energy prices and adjustments to the method of fee calculation; the use of reserves to fund shortfalls which reduced interest earnings to the City; and a slowing of development-related revenues without a corresponding reduction in related costs. e. Various "one-time" sources helped balance prior adopted budgets while reserves have been drawn down for special projects and expenditures; this strategy cannot be applied indefinitely without exhausting remaining reserves. 2. It will be challenging to meet budget obligations in the upcoming budget cycle. a. Going into the two-year budget cycle, recurring revenues are lagging expected expenditures. A combination of staff-related savings (e.g., freezing unfilled positions, reducing positions not required for core functions) and other spending reductions are needed to narrow the gap. b. Expenditure controls on existing departmental functions, limitations on any new expenditures, and focus on increasing revenues will all be necessary to balance the budget and to create a more sustainable basis for future budgets. c. The new budget provides a context for considering recommended reforms. 3, Over the longer term, the City's financial conditions will improve as its tax base expands and appropriate fiscal discipline is exercised, a. Growth prospects in Chula Vista remain sound; substantial development capacity remains and regional market conditions are favorable to Chula Vista. While current national economic trends affecting the housing market are expected to continue for several more years, a rebound will eventually occur, as is typical of the business cycle. b. In addition to growth prospects, considerable opportunities exist to continue the expansion of the City's tax base (e.g., retail sales). c. Existing collective bargaining agreements (MOUs) expire in 2010. Future negotiations should link employee compensation agreements to an achievable forecast of municipal revenues. d. Recent completion of new public facilities provides capacity for substantial future growth without a corresponding need for future debt service. 4 P:\17000s \ 17006ChulilFinR!>Ul \Report\ 17006rpl5.do<: 15-9 Chula Vista Financial Rroiew April 12, 2007 FINANCIAL MANAGEMENT 4, The organizational structure and staff overseeing the City's finances and the budget process are sound. a. The current organizational structure and budget-making procedures followed reflect common and well-accepted practices among municipalities around the State and country. Prior City budgets have been recognized for their excellence by professional organizations including the California Society of Municipal Finance Officers and the nationally-based Government Finance Officers Association. b. Currently, the budget-making process formally begins with overall priority setting by the City Council followed by an interaction between the Office of Budget and Analysis (OBA), Finance, and the individual departments. In this process, departmental budget requests are typically based on prior budget appropriations, plus new expenditures to cover salary increases, expansion or improvement to services, and capital outlays. At the same time, OBA and Finance, being aware of overall revenue limitations, struggle to contain costs, find additional revenues, and balance the overall budget. Ultimately, the City Manager prepares a draft budget for consideration by the City Council. c. Record keeping, data availability, and audited financial statements all reflect sound financial practices. d. The two-year budget used by Chula Vista provides a sound approach to budgeting and can make the budget-making process more efficient and cost- effective; however, in periods of rapid change or stress, a single-year budget process may be necessary. e. City staff has historically prepared revenue and cost forecasts, although their budget forecasting capabilities will be improved through implementation of the "Muni-Cast" model currently under development by the Finance Department. f. While the City's budget making process formally begins with a priority-setting process; the process has apparently not comprehensively considered and prioritized all increases in expenditures, including employee compensation and benefit agreements, capital expenditures and debt service, and increases in services or service levels against a conservative forecast of revenues available. g. The stresses underlying the FY 06-07 Budget were not described in the budget document. Future budgets should more transparently reveal issues and constraints being faced and how the budget responds to these issues and constraints. 5 P: \ 170005 \ 17006CkuwFinR17U' \Repart \ 17006rpt5.do<; 15-10 Chula Vista Financial Review April 12, 2007 h. The Capital Improvement Program (OP) document, while comprehensive with regard to projects programmed, lacks transparent identification of how major capital expenditures are funded and the sources of this funding, 1. Departmental "strategic plans," while useful descriptions of accomplishments and ideal service and facility plans, are not fully responsive to the budget priority-setting process because they generally lack assessment of response to external conditions (e.g., cyclical or permanent reductions in development activity) or realistic funding constraints. Moreover, the strategic plans do not in all cases utilize common forecasting framework or consistently apply performance-related measures. 5. Cumulative budget implications of previous expenditure commitmeuts, including major capital projects, staffing levels, and increased employee compensation, were not adequately anticipated. a. During the period of rapid urban expansion, the combination of short-term revenue increases, the growing demands for facilities and services from new development, and the opportunities to improve civic facilities have focused the City's attention upon building major infrastructure and facilities and expanding services to meet new demands. b. During this period, it is not clear that budgetary forecasts and constraints were adequately taken into account as the City Council considered expenditure commitments, either during the budget process, negotiations with bargaining units or when committing to major capital improvements. c. In budgets prior to the current ('06-'07) budget, deferring consideration of major expenditures items to mid-cycle limited the ability of the City Council to consider and prioritize these expenditures in the context of overall budget conditions and capabilities. FINANCIAL FORECAST 6. Budget prospects in the five-year time frame (the next two or three budget cycles) indicate the need to carefully control costs, expand revenues, and rebuild reserve accounts. a. At this juncture, beginning preparation of the 2007 and 2008 Budget, revenue constraints have become evident, along with the full implications of prior budget commitments. b. Compensation and benefit agreements with employee bargaining units committed the City to substantially increased costs through 2010. 6 P: I 17000s \ 17006ChulnFinRvw IReport \ 17006rptS.doc 15-11 Chula \!isla Financial Review Apri/12, 2007 c. Debt service for major facilities has become a significant General Fund obligation, totaling $13.7 million annually, although over half ($7.5 million) of these costs will ultimately be borne by the City's development impact fees. The debt service, and the General Fund share, will decline by over $2.5 million when the Pension Obligation Bonds are paid off in 2012. Debt service obligations, unlike service levels, are not discretionary and cannot be modified in response to changing revenue availability and budget priorities. d. The City has recently completed an effort to quantify the cost of major facility maintenance, including roads and drainage facilities. The major expansion of infrastructure and facilities in recent years has greatly expanded these cost obligations, as well as costs associated with a broad range of other public assets including buildings, parks and recreation facilities for which maintenance costs have not been fully estimated. It will be necessary in the upcoming and future budgets to address the costs of preventative and deferred maintenance. e. Anticipated (conservative) increases in recurring municipal revenues are not likely to match the total funding required because of baseline expenditure increases, new expenditures (e.g., full funding of maintenance costs), adjustments to funding of redevelopment, and rebuilding of reserve accounts. Figure 2 illustrates conservative revenues just meeting expenditures; however, this expenditure forecast does not include the full costs anticipated for meeting maintenance needs, nor for rebuilding reserves. Figure 2 GlInend Fund Revenues and Expenditurws Projec:f.fJd $200 Moderate RevenJe Gro'NlI1 . ... 6% ,./" . . ~ 'E $170 $140 2007 2008 2009 2010 2011 2012 2013 f. While positive economic activity and greater revenue growth will help address these funding issues, the City will continue to be subject to certain unpredictable risks that it has encountered in the past, including development downturns, fluctuations in energy prices and utility consumption, legal decisions regarding certain revenue sources, economic cycles affecting the value of its pension assets, and uncertain timing regarding major development projects. 7. Budget prospects in the ten-year time frame are sound. However, caution and continued revenue enhancement will still be necessary. a. Growth prospects are sound and ample opportunities exist to expand the City's retail and visitor-serving sectors. These opportunities, as realized, will underpin steady revenue increases during the ten-year time frame. 7 P: \ 170005 \ 17006ChuliiFinRvw \Report \ 17006rplS.doc 15-12 Chula Vista Financial Revieul April 12, 2007 b. While major capital expenditures have been made in the past few years, reducing the need for a continuation of capital investment at recent levels, there will be a continuing need to invest in infrastructure and new facilities in order to maintain service levels mandated by the Growth Management Ordinance. c. Concerted action to control costs and to expand existing revenues during the next five years will contribute to a sustainable fiscal base for Chula Vista in subsequent years. d. Significant additional costs are anticipated and will need to be funded in the ten- year time frame. These include: Continued increases in staff salaries (to be determined in the next round of negotiations with bargaining units in 2010); Funding deferred and scheduled maintenance of major municipal facilities and infrastructure; and Assuring adequate reserve accounts. Additional staff needs to maintain service standards and thresholds. e. Despite the City's sound growth prospects, future revenues will not be sufficient to cover all expenditures. The City will continue to face the potential adverse impacts of economic cycles, the magnitude of required capital maintenance (deferred and preventative), and other risks to existing sources of recurring revenues. Accordingly, seeking efficiencies in service delivery and other cost savings along with additional sources of revenue for funding desired capital projects or maintaining or improving service levels may be required. 8. The financial forecast for Chula Vista ultimately depends upon the quality of information provided by City staff and the budget decisions taken by future City Councils. a. The forecasts provided above, or the more detailed forecasts that will be made as a part of the subsequent budget-making process, provide a basis for decisions. b. Forecasting should anticipate possible variations in costs and revenues, but it cannot predict unforeseen circumstances, including changing economic conditions, changes in State statutes affecting local government finance, and legal challenges. c. The fiscal sustainability and well-being of Chula Vista depends on actions by this and future City Councils, including: Fully recognizing revenue limitations and risks. Achieving economic development objectives. 8 P: \ 170005 \ 17oo6Ch ulDFinRvw \Report \ 17006rptS.doc 15-13 Chula Vista Financial Revi.evJ April ]2, 2007 Establishing clear expenditure priorities. Balancing decisions regarding capital improvements, staffing levels and compensation, and services against conservative revenue forecasts. IMPLICATIONS OF FUTURE DEVELOPMENT 9. There is substantial remaining residential development capacity in Chula Vista that will require additional expenditures and, at the same time, generate municipal revenues. a. The recently updated General Plan included a substantial definition of development capacity throughout the City; the physical capacity for an additional 30,000 units exists. As shown on Table 1, the majority of this capacity is located in eastern Chula Vista. Table 1: Chula Vista Residential Development Capacity Residential Development Type City Sub-Area Single-Family Multifamily Total % Eastern Chula Vista 6,356 11.084 17,440 55% Northwestern Chula Vista 117 7,667 7.784 25% Southwestern Chula Vista 62 3,792 3,854 12% Bayfront Q 2400 2400 8% Total 6,535 24,943 31,478 100% 21% 79% 100% Source: Chula Vista Planning & Building Services, based on General Plan. b. Residential development capacity is dominated by "multifamily" housing prototypes (e.g., townhomes) of a higher density than the traditional single- family product that has dominated the market in recent decades. c. The mix of residential density types will generally tend to generate somewhat lower average sale prices (and related property taxes). However, the population growth and related service demands will be slightly less per unit, relative to single-family development. d. Over the next decade residential (and related population) growth rates are expected to be, on average, below those experienced during the early part of the current decade. For purposes of budget forecasting, a figure of 1,600 units per 9 P:\ 17000s\17006ChulaFinRvw\RepCll't\ 17006rpt5.do( 15-14 Chula Vista Financial Review April 12, 2007 year is a sound estimate for the next ten-year period, although annual rates will vary around this number. It appears that fewer units than the longer-term average may be built in the next few years as the housing downturn continues. Near-term revenue forecasts and staffing decisions should reflect the likelihood of this continuing weak housing market trend. 10, Growth Management Ordinance "threshold standards" obligates the City to maintaining or improving service levels to this new development (along with all existing development). a. The City has successfully expanded facilities and services during the period of rapid growth and has generally met the "threshold standards" established in the Growth Management Ordinance. b. With the City's major infrastructure in place, average additional capital investments per resident should decline as existing investments full capacity is realized. 11. Opportunities exist for the City to improve its revenue performance by capturing a larger share of local retail sales. a. At the present time residents of Chula Vista continue to make retail purchases (particularly "regional" shopping goods) in other retail venues in the San Diego region. b. Current retail sales tax per capita is $106, which is approximately 75 percent of the State and Countywide averages. c. Over time the City's retail performance has improved; however, there is an opportunity to capture a higher percentage of local sales and attract regional sales to the City. Major projects under development or in the "pipeline" include the Otay Ranch Town Centre Mall, the Eastern Urban Center, and expansion of the Chula Vista Auto Park. d. These specific opportunities to increase retail sales, along with new business throughout the City will contribute to a continued increase in retail sales tax in the City's budget. 12. Four major nodes of development will transform the City. a. The Bayfront area will be transformed by the major destination resort/conference center currently being planned and negotiated by the City, a private developer (Gaylord) and the Port of San Diego. 10 P: \ 170005 \ 17oo6Chu/QFinRvw \Report \ 170lJ6rptS.doc 15-15 Chula Vista Financial Review April 12, 2007 b. The pending adoption of the Urban Core Specific Plan along with subsequent implementation efforts will set the stage for revitalization and redevelopment of the Urban Core Area. c. The University Park and Research Center (UPRC) will be located on a SOD-acre site in eastern Chula Vista. The UPRC will combine the academic activities of a number of institutions of higher learning, private-sector research and development and a commercial center. d. The Eastern Urban Center (EUC) is envisioned as a major urban center located along the alignment of the new State Route 125 in eastern Chula Vista. The Eastern Urban Center will include a dynamic mix of higher density housing, a town center area, community parks and other recreational amenities and a business park/industrial area. e. Taken as a whole, these projects will establish a vital new urban context for the City, attracting new business and services, and creating new educational, recreational, and commercial opportunities. 13. The current organization of the City's planning and community development functions inhibits the City's ability to achieve economic development and redevelopment objectives. a. The Planning and Building Services Department historically has focused its efforts on development activity in the eastern portions of the City, whereas the Community Development department has focused on redevelopment and planning in the City's western area. b. The traditional geographic division and conflicts between the Planning and Community Development Departments inhibit the City's efforts to achieve specific economic development initiatives, restore and revitalizing existing urban areas, and sustain quality of life throughout the City. c. While the strong commitment to managing new development in the eastern portion of the City should continue, a balanced approach to revitalizing existing commercial areas and neighborhoods throughout the City will also be needed, including redirection of development-related staff resources to code enforcement and neighborhood revitalization. As this transition occurs, cost recovery through service charges to new development will proportionately diminish, increasing the general fund support for planning and building-related services. 11 P: \ 17000$ \ 17006ChuwFinRVlJ! \Report \ 17006rptS.doc 15-16 Chula Vista Financial RevieuJ April 12, 2007 CAPITAL INVESTMENTS AND RELATED MAINTENANCE OBLIGATIONS 14. The City has aggressively pursued major capital investments during the past decade. a. During the past five years the City has significantly increased its infrastructure and public facilities assets, the estimated value of which grew from $370 million to over $900 million, an increase of over $500 million (not including "construction in progress"). b. These improvements have included the infrastructure necessary to support development in the east, primarily constructed by developers as conditions of approval and the City's development impact fees, and also major civic facilities induding the police headquarters, the renovated City Hall, the new corporation yard, the three new recreation centers, and the three new fire stations. Table 2: Additions to City Assets Fiscal Year Ending (1) Item 2002 2003 2004 2005 2006 5-Year Total Land $4.8 $3.9 $6.6 $8.7 $2.5 $265 Construction in Progress 22.9 29.6 30.0 32.8 42.5 157.8 Buildings 0.1 27.5 1.0 77.2 105.8 Other 1m provements 2.0 3.4 5.7 4.0 15.1 Machinery and Equipment 3.9 3.5 3.4 3.7 3.0 17.5 Infrastructure 11.7 153.9 60.4 698 67.1 362.9 Total $43.4 $220.4 $104.8 $120.7 $196.3 $685.6 (1) 2006 shows governmental activities; other years include business-type activities. Sources: Comprehensive Annual Financial Reports, Notes to Financial Statements; Economic and Planning Systems, Inc. 15. Funding for capital improvements has come from a variety of sources that might not be sustained in the future. a. Funding for the new capital improvements has been derived from development impact fees, tax increment financing, other special funds, and increasingly, the General Fund. b. As the level of development has stabilized and existing financial capacity has been tapped, the rate of investment that has occurred recently will not be sustained. 12 P:\17000s117006ChulaFinRlIll'IRepartI17006rpt5.doc 15-17 Chula Vista Financial Review Apri/12, 2007 16. Additional capital improvements will be necessary as growth continues; the Growth Management Ordinance "threshold standards" establish a quantitative link between facilities and new development. a. Recent investments and pending agreements assure that a complement of facilities needed to achieve "threshold standards" either are built or will be built. b. Generally, growth-related infrastructure is funded with the City's development impact fees. Major facilities, such as the new City Hall, the policy headquarters, and the corporation yard, all have capacity to meet demands of buildout levels of population. c. Additional facilities, including new fire stations, parks and recreation centers, and the proposed new library will be needed to meet threshold standards as the City continues to grow. 17. Operating and maintaining infrastructure and civic facilities will place an increasing financial burden on City. a. As the facilities age, maintenance costs will grow. Future costs will be even greater if inadequate funds are committed to maintenance in initial years, and deferred maintenance is allowed to grow. b. Maintenance of existing facilities has, in some cases, been deferred, so there will be additional costs involved in addressing this deferred maintenance. TAX INCREMENT FINANCING 18. Over the past 30 years the City established five redevelopment project areas which have subsequently been amended, expanded, and merged. a. Five redevelopment projects areas have been formed in Chula Vista including Town Centre I (1976), Town Centre II (1978), Otay Valley (1983), the Southwest Area (1990), and the Bayfront (1974). b. These redevelopment project areas have been amended over the years, and more recently, merged into two larger project areas, the Merged Chula Vista Redevelopment Project Area and the Merged Bayfront/Town Centre I Redevelopment Project Area. c. Despite the mergers, the original duration of the original (now constituent) project areas remain; the Town Centre areas (I and II) will come to term (the time beyond which no debt can be issued) in the next decade. 13 P: \ 170005 \ 17006ChuIaFiIlRUll! IReport I 17006rpl5.doc 15-18 Chula Vista Financial Review April 12, 2007 d. The Redevelopment Plan areas have substantial tax increment and bonding potential remaining, per the legal limits as set forth in the enabling redevelopment plans; however this capacity has not been realized due to lack of growth in assessed value. 19. Funding from redevelopment project area property tax increments is allocated to a variety of redevelopment-related activities and obligations. a. Taken as a whole, the redevelopment project areas generate approximately $10.4 million in property tax increments annually. b. Under the terms of the original redevelopment plans approximately $2.3 million of tax increments funding is "passed through" to the County and other taxing jurisdictions. c. Under the provisions of State Redevelopment Law, 20 percent of tax increments must be set aside for affordable housing projects in the City; at the present time nearly $2 million annually is set aside for affordable housing subsidies, which is slightly less than 20 percent of the total increment. The percentage is less than 20 percent because of prior expenditures of tax allocation bond for affordable housing projects. d. Current debt obligations, including tax allocation bonds and payments on certificates of participation, total $3.9 million annually. These debt commitments will be relatively stable in the coming decade. 20. Current funding commitments constrain future use of property tax increment financing to stimulate desired private investment. a. The tax increment remaining after "pass-throughs", affordable housing, and debt service is approximately $2.5million annually. All of this remaining increment has been consumed in recent years entirely by operational and administrative costs. In fact, costs applied to the redevelopment fund have exceeded redevelopment tax increment funding available in recent years. b. In the FY 05-06 Budget, approximately $4.3 million of costs were applied to redevelopment. Of these charges $3 million were for Community Development Staff while the remaining $1.3 million were for other department staff, most significantly the City Attorney, Administration, and Planning and Building departments. c. The direct cost of Community Development staff (without the City overhead factor) was approximately $1.5 million. 14 P:\17000s \11OO6ChuIaFinRvw \Repar/\ 11006rpl5.doc 15-19 Chula Vista Financial Review April 12, 2007 d. Savings to the tax increment fund could be achieved if the current Community Development staff were charged directly (without the applied City overhead factor) and other City department direct costs were more limited. However, this shift in cost allocation would corne at the expense of the City's General Fund. e. In any event, virtually no tax increment funding remains for project-related investments. The future ability of Redevelopment Agency to make substantial investments will depend upon increases in the assessed value within the Redevelopment Project Areas, which in turn is linked to success of revitalization and economic development efforts. 21, Major investments funded with tax increment have not in all cases led to corresponding private investment and related redevelopment activity. a. Major investments made with redevelopment funds, including sites for public facilities (police station), parking garages, and streetscape improvements, were not directly linked and strategically targeted to incentivize private development. b. In the past no objective criteria appear to have been applied by the Community Development Department in making project-related investments. State statutory requirements, while directive, are rather broad and subject to interpretation. c. The adoption of the Urban Core Specific Plan and pursuing its implementation will remove current land use policy constraints that limit potential redevelopment and revitalization activity in the Urban Core Area. Redevelopment of the area will help achieve economic development and redevelopment goals which in turn will contribute to the City's revenue base. 22, Prospects for the deployment of redevelopment powers and resources in Chula Vista are favorable, a. Market conditions in the redevelopment project areas, as is the case throughout the City, are sound, despite the current downturn in the housing market. Ample business opportunities consistent with City's redevelopment objectives exist, as is evidenced by the pending exclusive negotiating agreements. b. There are many competing uses for redevelopment activity throughout the project areas including improving existing neighborhoods, subsidizing affordable housing, leveraging (and thus stimulating) private investment in beneficial projects that would otherwise be infeasible, and providing beneficial urban amenities that generally stimulate private investment. 15 P: \ 17000s \ 17006ChuwFil1Rvw \Repart \ 17006rpt5.doc 15-20 Chula Vista Financial Review April ]2, 2007 RETIREMENT LIABILITIES 23. The City has entered into agreements with public employed bargaining units under which the City must fund an expanding retirement obligation through PERS. a. At the present time, payments on behalf of City employees to the retirement system equal 16 percent of the City's General Fund. b. As employee salaries increase, future retirement obligations and required contributions similarly increase. The 8 to 10 percent salary increase for Public Safety employees beginning in FY06 created an additional liability that may trigger an increase in contribution rates, depending on the future performance of the PERS investments. 24. In addition to the direct payments made on behalf of the employees to the retirement system, the performance of the PERS portfolio, which is subject to market forces, could be a further drain on City financial resources. a. Since 2002, contribution rates increased dramatically, largely because of adverse impacts of market conditions on PERS investments. As shown in Table 3, stock market gains during the late 1990s provided adequate funding for the retirement plan. The subsequent losses required a significant, multimillion annual contribution by the City to assure adequate funding. b. Future economic cycles could similarly cause significant cost increases to the City's budget, although the "smoothing" strategy implemented by PERS will limit year-la-year fluctuations in financial market performance. 16 P:\17000s\17006CkuIllFirzRl1lf1\ReplJ1't\17006rpt5.doc 15-21 Chula lfista Financial Review April 12, 2007 Table 3: PERS Required Contribution Rates (1) Category 2002 Fiscal Year Ending 2003 2004 2005 2006 Public Safety Employer Other (2) Total 0.00% 0.00% 5.78% 24.47% 23.25% 9. 00% 9.00% 9.00% 9.00% 9.00% 9.00% 9.00% 14.78% 33.47% 32.25% 0.00% 0.00% 12.02% 15.98% 20.15% 8.00% 8.00% 8.00% 8.00% 8.00% 8.00% 8.00% 20.02% 23.98% 28.15% Miscellaneous Employer Other (2) Total (1) Does not include additional costs to repay City's Pension Obli9ation Bond. (2) "Other" includes City-funded employee share. Sources: CalPERS Actuarial Valuation Reports 17 P: \ 17000s \ 17006ChuI4FinR1JW \RepiJrt \ 17006rplS.doc 15-22 IV. STRENGTHENING CHULA VISTA'S FINANCIAL CONDITION The findings of this financial review effort expressed above lead to a set of recommendations for strengthening Chula Vista's financial condition. As noted in the findings the circumstances faced by the City are entirely manageable; while there are existing and future challenges to be faced, the prospects for the City are very sound given regional market conditions, related development opportunities, the investments that have been made and the capabilities of City staff. The key to facing the challenges will be a commitment to a set of changes including those related to budget making, departmental management, and reorganization. 1. Decisive action is necessary in the current budget cycle to contain costs allowing recurring municipal revenues to "catch up" with sustained expenditure levels. a. A substantial effort will need to be made to contain expenditures through such actions as freezing or eliminating certain unfilled positions and limiting non- essential capital outlays, and curtailing or eliminating non-core services. b. It will be important for this cost-containment effort not to inhibit essential capabilities or impede activities that have potential for increasing municipal revenues, including maintaining an adequate complement of staff in key development services functions including processing development applications, implementation of key planning and community development initiatives including major retail expansion projects, the Bayfront, and the Urban Core Area. c. Funding expenditures that in the longer term are viewed as essential (e.g., re- establishing a sufficient reserve fund) will need to be deferred until sufficient revenues become available. d. Consider reverting to a single-year budget cycle for a period of the next four years. 2, Continue transitioning to a more "program planning" and "performance- based" budget process utilizing departmental strategic planning and effective City-wide priority setting. a. City staff has been moving toward program- and performance-based budgeting for the past several budget cycles. A program-oriented budget is based primarily on programs (and program priorities) and secondarily on traditional budget unit characters and objects. The major benefit of a program planning approach lies in the planning and priority setting process, i.e., the process of making budget decisions that support specific multi-year plans and related performance measurement. 18 P: \ 17000; \ 17006Chu1aFinRl]w \RqJort \ 17006rpt5.doc 15-23 Chula Vista Financial Review April 12, 2007 b, However, as noted in the findings, the current budget making process does not necessarily provide a full opportunity for requested expenditures to be fully prioritized in view of budget constraints and strategic objectives, while at the same time information that would allow such prioritization currently exists (or can be included) in the strategic plans prepared by the individual operating departments. c. Departmental "strategic plans" typically serve as a basis of a program-oriented approach to budgeting. The City's departmental strategic plans, in the future, should incorporate assessment of potential external forces influencing service costs (e.g., growth rates), consider likely constraints on general fund revenues, and focus on specific program outcomes and service standards and on ways to increase efficiency and scale operations to reasonable expectations of service demands. d. At all times but particularly at a time of fiscal stress, priority setting - making strategic choices responding to limited budget resources is essential. 3. Strengthening reserve accounts should be a primary objective budget policy in future budget cycles. a. Current reserve policy, at 8 percent, may be inadequate, given the contingencies and risks faced by the City as time goes forward. While there is no "magic" number, a target of 15 percent would provide a more comfortable cushion against unforeseen events and circumstances. During peak growth periods, larger contributions will help to buffer against inevitable downturns. b. Reserve funds should be retained for the purpose of dealing with unforeseen circumstances or expenditures. Thus, the City Council should be required to make specific findings regarding the proposed expenditure in order to transfer funds from reserves to the General Fund or special projects. At the same time a more thorough effort to anticipate costs in the adopted budget will minimize the need for drawing down reserves. c. In addition to general reserves, a number of special reserve funds should be created and funded at an appropriate level including the existing equipment replacement fund and a facility maintenance fund. Longer term replacement of major facilities will also be an expenditure at some point in the future. The levels can be determined through a combination of risk assessment, "life-cycle" cost analysis, and evaluation of existing conditions and optimal levels of repair/replacement. 19 P: \ 170005 \ 17oo6ChulaFinRI1w IRepll7t \ 17006rpt5.doc 15-24 Chula Vista Financial Review April 12, 2007 4. Applying the financial forecasting capability presently being developed by City staff will help assure that expenditure commitments are offset by realistic expectations of municipal revenues. a. City staff is currently deploying a new budget forecasting capability using the "Muni-Cast" software. This new forecasting ability will improve the ability of staff to forecast future budget conditions, conduct sensitivity analysis, and assist in the priority-setting actions of the City Council. b. Improved technical capability to estimate costs associated with maintenance of municipal infrastructure will assist in budgeting for this purpose. c. The departmental strategic plans should incorporate and respond to the City's overall revenue forecast and be developed in sufficient financial detail (annual costs and phasing) to facilitate incorporation into the cost forecasting effort. d. The cost and revenue forecasting process should including specific "sensitivity" analysis of potential budget circumstances such as loss of a vulnerable revenue source, continued downturn in development-related revenues, and failure to achieve economic development objectives. For example, during the next few years the implications of a protracted slowdown in housing starts should be explored. 5. The City should focus its planning and economic development efforts upon coherent effort to promote development consistent with the General Plan, thereby expanding the City's tax base. a. This expansion should occur through economic development, redevelopment, strengthening of existing retail business, and revitalization of existing neighborhoods. b. A concerted effort of the City, engaging the talents of all related departments, should be focused upon achieving key economic development and redevelopment objectives including the Bayfront, the Urban Core revitalization, the Eastern Urban Center, the University Park and Research Center, and the expansion of retail shopping opportunities throughout the City. c. Objective criteria should be established to determine the appropriate type and amount of financial assistance to development projects. As an example, redevelopment investments should meet a range of "tests" including such requirements as the "but for" test (without assistance the project would not happen); "proportional direct private investment" (private investment should match redevelopment expenditures by a factor of ten or more); and "economic development and fiscal benefits" (e.g., jobs, retail sales taxes, blight removal, etc.). 20 P:\17000s\17006ChuillFinRvu'\Rl'por/\17006rp!5.doc 15-25 ChuIa Vista Financial Review April 12, 2007 d. Reorganization of the City's planning, redevelopment, economic development, housing, and development services functions and related policy and procedural reforms can improve the efficiency and effectiveness of planning and economic development efforts. Given history, such reorganization will be challenging. An independent management study should be conducted to determine the most optimal organizational structure and the steps necessary to achieve this structure. e. In any event, the Redevelopment Agency should be maintained as a separate budget unit. 6. Attaining and sustaining maximum "cost recovery" for development related services should be implemented through regularly updating service fee schedules. a. A review of development service charges for services, impact fees, and related development-related revenues should be conducted. Consistent with recent completed technical analysis, service charges and fees should approach full "cost recovery" levels. b. Service charges and fees should be "indexed" annually and/or updated every year or two to assure that they remain able to cover related costs. c. The potential economic effects of service charges and fees should, at the same time, be considered and policies established for balancing cost recovery efforts with economic development objectives. 7. The City should monitor regional and State trends related to pension reform. a. It is recognized that the City will need to continue offering competitive salary and benefit packages to assure attraction and retention of high quality staff; however, cost increases, especially for public safety functions, will likely continue to escalate faster than existing recurring revenues, placing continued pressure on the budget. b. This issue is of concern to cities throughout the State (and around the entire Country) and thus responses at the State level will continue to be a possibility. The City should, through its legislative efforts and participation in the League of Cities, monitor and participate in the formulation of appropriate reforms. 8. New sources of revenue, especially related to maintenance and capital replacement obligations, should be sought. a. Major, currently unfunded expenditures will be needed to maintain the City's growing infrastructure and public facilities assets. 21 P: \ 170005 \ 17oo6C11u/QFinRvw\Repart\ 17006rpl5.doc 15-26 Chula Vista Financial Review April 12, 2007 b. Alternatives for funding these maintenance costs should be considered including the creation of Oty-wide maintenance districts, creation of development-specific maintenance districts or assessments, or expansion of general revenues to cover these costs (e.g., sales tax measure). 9. Special funding should be sought for major civic facilities in the future (e.g., general obligation bonds). a. The Oty has benefited from growth over the past several decades; this development has, through the City's development impact fees and other revenues and agreements, funded a substantial improvement in the City's infrastructure and public facilities. b. Additionally, as general revenues have increase, the City has funded new public facilities with general revenue sources using certificates of participation and other funding mechanisms including redevelopment tax increments. c. Development-related and general revenue sources will both be more constrained in the future and thus the City may need to seek funding from voter-approved bonds. Such bonds (e.g., a general obligation bond) can be used for a variety of community improvements including deferred maintenance projects and new public facilities. 22 P:\ 17000s\17006ChuwFinRvw \Repart \ 17006rpt5.doc 15-27 Economic e7 Planning Systems Pu.1I1jr finall<'f I<~(jl brill!' Ewnllllli" R"gional !:nnwm:c.< J""J L'3( 1>"li,}' BmUOGRAPHY 15-28 BIBLIOGRAPHY 1. Bob McSeveney, Principal Management Assistant. City of Chula Vista Department of Planning and Building. Memorandum to Maria Kachadoorian, Director of Finance via J.D. Sandoval, Director of Planning & Building. "POs Not Carried Over to FY 06/07." January 5,2007. 2. Bob McSeveney, Principal Management Assistant. City of Chula Vista Department of Planning and Building, Memorandum to Maria Kachadoorian, Director of Finance and Ed Van Eenoo, Director of Office of Budget and Analysis via J.D. Sandoval, Director of Planning & Building. "FY07 Redevelopment Revenues." August 28, 2006. 3. Bob McSeveney, Principal Management Assistant. City of Chula Vista Department of Planning and Building. Memorandum to Ed Van Eenoo, Office of Budget and Analysis Director viaJ. D. Sandoval, Planning and Building Director. "Code Enforcement FY06/07 Revenues Budget." July 21, 2006. 4. Brad Remp, Assistant Director/Building Official. City of Chula Vista Department of Planning and Building. Memorandum to File. "Building Fee Study Adoption." January 24, 2007. 5. "CaIPERS Actuarial Valuation - June 30, 1999. Miscellaneous Plan of the City of Chula Vista Employer Number 195." October 26, 2000. 6. Chula Vista Fire Department. "Strategic Business Plan 2004 - 2010." July 1, 2004. 7. Chula Vista Public Library. "Chula Vista Public Library Strategic Plan 2002- 2006." April 2002. 8. Chula Vista Recreation Department. "Strategic Plan 2003 - 2008." 9. City of Chula Vista. "Chula Vista Municipal Code." 10. City of Chula Vista. "Construction Valuation, Property Tax, and Employment Projections for New Residential, Commercial and Industrial Parcels within the Major Project Area as of 2003 - 2006." March 28,2007. 11. City of Chula Vista. "Planning Fee Schedule." March 26,2007. 12. City of Chula Vista. "2007 Annual Growth Management Review Cycle: Residential Growth Forecast Years 2007 through 2011." January 2007. 13. City of Chula Vista. "Adopted Budget Fiscal Years 2006-2007: Volume I" P: \ 170005 \ 17006ChuUlFinR!>u' IReport \ Bi/Jliogmphy.dnc 15-29 Chula Vista Financial Review April 12, 2007 14. City of Chula Vista. "Adopted Budget Fiscal Years 2006-2007: Operating Budget: Volume II" 15. City of Chula Vista. "Comprehensive Annual Financial Report for the Year Ended June 30, 2006." October 26, 2006. 16. City of Chula Vista. "Memorandum of Understanding between the City of Chula Vista and Chula Vista Police Officer's Association FY 2005/06 through 2009/10." August 2006. 17. City of Chula Vista. "Fiscal Year 2007 Budget Update." July 1, 2006. 18. City of Chula Vista. "General Fund Five Year Forecast 2007-2001." May 25, 2006. 19. City of Chula Vista. "Budget Update Fiscal Year 2007: Capital Improvement Program." May 23, 2006. 20. City of Chula Vista. "Comprehensive Annual Financial Report for the year ended June 30, 2005." September 30, 2005. 21. City of Chula Vista. "Recirculated Draft Environmental Impact Report." September 2005. 22. City of Chula Vista. "Memorandum of Understanding between the City of Chula Vista and Chula Vista Employees Association July 1, 2005 - June 30, 2010." 23. City of Chula Vista. "Memorandum of Understanding between the City of Chula Vista and Local 2180 International Association of Firefighters AFL-CIO July 1, 2005 - June 30, 2010." 24. City of Chula Vista. "Memorandum of Understanding between the City of Chula Vista and Western Council of Engineer July 1, 2005 - June 30, 2010." 25. City of Chula Vista. "Adopted Budget Fiscal Years 2006/2007: Volume I Budget Summary." June 28, 2005. 26. City of Chula Vista. "Adopted Budget Fiscal Years 2006 & 2007: Capital Improvement Program." May 24, 2005. 27. City of Chula Vista. "Adopted Budget Fiscal Years 2006/2007: Volume II Operating Budget." 28. City of Chula Vista. "Draft General Plan: Document 1 of 2." December 2004. 29. City of Chula Vista. "Comprehensive Annual Financial Report for the year ended June 30, 2004." October 1. 2004. II P: \ 170005 \ 17oo6ChlllllFinRuw \Report \ Bibliography .aoc 15-30 Chula 'Vista Financial Review April 12, 2007 30. City of Chula Vista Growth Management Oversight Commission. "2003-2004 GMOC Annual Report." September 14, 2004. 31. City of Chula Vista Grown Management Oversight Commission. "2003-2004 Annual Report Appendices." September 2004. 32. City of Chula Vista. "Adopted Capital Improvement Program Fiscal Years 2004 & 2005." 33. City of Chula Vista. "Adopted Budget Fiscal Years 2004 & 2005: Volume II Operating Budget." 34. City of Chula Vista. "Adopted Budget Fiscal Year 2005." May 20, 2004. 35. City of Chula Vista. "Comprehensive Annual Financial Report for the year ended June 30, 2003." October 3, 2003. 36. City of Chula Vista. "Adopted Budget Fiscal Years 2004 & 2005: Volume I Budget Summary." June 17, 2003. 37. City of Chula Vista Council Agenda Statement. May 20, 2003. 38. City of Chula Vista. "Strategic Themes." April 9, 2003. 39. City of Chula Vista. "Comprehensive Annual Financial Report for the Year Ended June 30, 2002." October 18, 2002. 40. City of Chula Vista. "Adopted Budget Fiscal Year 2003." June 18, 2002. 41. City of Chula Vista. "Policy Threshold/Standards and Growth Management Oversight Commission." 5th revision, May 2002. 42. City of Chula Vista. "Indirect Cost AllocationlFull Cost Recovery Plan FY 2000- 01 Update." 43. City of Chula Vista. "Comprehensive Annual Financial Report for the year ended June 30, 2001." November 14, 2001. 44. City of Chula Vista. "Adopted Budget Fiscal Years 2002/2003." June 19, 2001. 45. City of Chula Vista. "Proposed Capital Improvements Program Fiscal Year 2001- 02 and 2002-03." 46. City of Chula Vista. "2001-02 and 2002-03 Capital Improvements Program." III P: I 17000s I 17006ChulaFinRvu' IReport \Bibliography.doc 15-31 Chula Vista Financial Revier.v April 12, 2007 47. City of Chula Vista. "Proposed Budget Fiscal Years 2002 and 2003." May 29, 2001. 48. City of Chula Vista. "Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2000." December 12, 2000. 49. City of Chula Vista. "Adopted Budget Fiscal Year 2000-2001." August 24, 2000. 50. City of Chula Vista. "Proposed Capital Improvements Program Fiscal Year 2000- 01." 51. City of Chula Vista. "Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 1999." October 1,1999. 52. City of Chula Vista. "Adopted Budget Fiscal Year 1999-2000." May 25, 1999. 53. City of Chula Vista. "Proposed Capital Improvements Program Fiscal Year 1999- 00." May 13, 1999. 54. City of Chula Vista. "Report on Audited Financial Statements for the Year Ended June 30, 1998." 55. City of Chula Vista. "Proposed Budget Fiscal Year 1998-99." May 26,1998. 56. City of Chula Vista. "Proposed Capital Improvements Program Fiscal Year 1998- 99." May 4,1998. 57. City of Chula Vista. "Annual Financial Report for the Fiscal Year Ended June 30, 1997." November 21, 1997. 58. City of Chula Vista. "Proposed Budget Fiscal Year 1997-98." May 12, 1997. 59. City of Chula Vista. "Proposed Capital Improvements Program Fiscal Year 1997- 98." May 2, 1997. 60. City of Chula Vista. "Annual Financial Report for the Fiscal Year Ended June 30, 1996." November 8, 1996. 61. City of Chula Vista. "Proposed Budget Fiscal Year 1996-97." May 23,1996. 62. City of Chula Vista. "Proposed Capital Improvements Program Fiscal Year 1996- 97." May 20, 1996. 63. City of Chula Vista. "Proposed Capital Improvements Program FY 1995-96." May 8, 1995. IV P: \ llOOOs \ 17006ChulllFinRvUI \Report \Bibliography.doc 15-32 Chula Vista Finandal Reuiew April 12, 2007 64. Community Development Department. "Five-Year Strategic Plan." March 28, 2006. 65. Dana M. Smith, Assistant City Manager. Memorandum to Jim Sandoval, Director of Planning and Building via Jim Thomson, Interim City Manager. "Development Services FY 2007 Budget Recommendations." November 8, 2006. 66. David D. Rowlands, Jr., City Manager and Maria Kachadoorian, Director of Finance/Treasurer. "City of Chula Vista General Fund Five Year Forecast 2007- 2001." May 25, 2006. 67. Dean Witter Reynolds, Inc. "$3,115,0001993 Certificates of Participation (Town Centre II Parking Project - Phase Two) Evidencing the Direct, Undivided Fractional Interests of the Owners Thereof in Lease Payments to Be Made by the City of Chula Vista." December 15,1993. 68. Dean Witter Reynolds, Inc. "$11,285,000 1993 Refunding Certificates of Participation (Town Centre 11 Parking Project) Evidencing the Direct, Undivided Fractional Interests of the Owners Thereof in Lease Payments to Be Made by the City of Chula Vista." February 18,1993. 69. Director of Budget and Analysis and Director of Human Resources. Council Agenda Statement. "Resolution Approving Salary and Benefit Enhancements for the Chula Vista Police Officers Association and Appropriating Funds Therefore." September 13, 2005. 70. Director of Budget and Analysis and Director of Human Resources. Council Agenda Statement. "Resolution Approving Salary and Benefit Enhancements for the International Association of Firefighters Local 2180 and Appropriating Funds Therefore." September 13, 2005. 71. Director of Budget and Analysis and Director of Human Resources. Council Agenda Statement. "Resolution Approving Salary and Benefit Enhancements for the Chula Vista Employees Association, the Western Council of Engineers, and for All Non-represented Employees and Appropriating Funds Therefore." September 13, 2005. 72. Director of Finance/Treasurer. Council Agenda. "Quarterly Financial Status Report for the Quarter Ended December 31, 2006." March 6, 2007. 73. Director of Finance/Treasurer. Council Agenda Statement. "Quarterly Financial Status Report for the Quarter Ended September 30, 2006." December 19, 2006. 74. Director of Finance/Treasurer. Council Agenda Statement. "Quarterly Financial Status Report for the Quarter Ended September 30, 2006." December 19, 2006. v P: \ I 70005 \ 17006ChuiDFinRuw IReport \ Bibliogl"llphy_Mc 15-33 Chula Vista Financial Review April 12, 2007 75, Director of FinancefTreasurer. Council Agenda Statement "Report comparing General Fund reserve levels with the 18 cities within San Diego County and other cities of comparable size." December 12, 2006. 76. "Economic Development Element" City ofChula Vista General Plan. 77. Economics Research Associates. "Fiscal Impact Analysis of the General Plan Update." January 2005. 78. Ed Van Eenoo, Director of Budget and Analysis. City of Chula Vista Office of Budget & Analysis. Memorandum to Department Heads. "Preliminary Fiscal Year 2008 Baseline." December 4, 2006. 79. Ed Van Eenoo, Director of Budget and Analysis. Office of Budget and Analysis. Memorandum to Jim Sandoval, Director of Planning and Building. "FY 2007 Budget Changes." March 28, 2006. 80. Ed Van Eenoo, Director of Budget and Analysis. City of Chula Vista Office of Budget & Analysis. 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XllZ P: \ 170005 \ 17006Chulll FinRvw \Rr:port \ Bibliography.doc 15-41 ApPENDIX A: BACKGROUND DATA 15-42 Economic 6- Planning Systems P"flIic FinMln' [(,'(;1 blllt" ff1H1iJI!iJcs Rt'jI/fHWI tn"",min Lalld 1',,~ I'"j,'(y Table of Contents Appendix Chula Vista Financial Review; EPS# 17006 Figure # Name Figure A-1 Residential Building Permits Figure A-2 Cumulative Residential Units and Population Figure A-3 General Fund Revenues Figure A-4 General Fund Expenditures Figure A-5 Chart of General Fund Revenues and Expenditures Figure A-6 Chart of General Fund Revenues and Expenditures Figure A-7 Chart of Projected General Fund Revenues and Expenditures Figure A-8 Redevelopment Agency Revenues Figure A-9 Redevelopment Agency Expenditures Figure A-10 Personnel Positions and Service Costs Figure A-11 Additions to City Assets Figure A-12 PERS Required Contribution Rates Economic & Planning Systems, Inc. 4/6/2007 P:\ 170005\ 17006ChulaFinRvwlData ICV8udginfoD31407 15-43 Figure A-1 Residential Building Permits Chula Vista Financial Review; EP$ #17006 Agency 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 (1J 2007 2008 2009 2010 2011 GMOC 914 1,028 1,339 2,505 2,618 3,525 2,250 3,143 3,300 1,654 1,180 1,761 2,530 2,095 2,690 2,675 OBA 914 1,028 1,339 2,505 2,616 3,525 2,250 3,143 3,300 1,654 1,180 1,601 1,873 1,732 (1) 1996-2006 residential building permits use actual figures and 2007-2011figures are forecasted using GMOC. Sources: Growth Management Oversight Commission, Office of Budget Analysis, Economic & Planning Systems, Inc. Historical and Projected Residential Permits ~ 4,000 en 3,500 I .j>. 3,000 .j>. 2,500 2,000 1,500 1,000 500 0 PJIo ~ PJ'b PJ<?> !::)<:) !::)" "os "os "os "os fS fS !::)<1,. !::)~ ~ !::)~ !::)Io fS fS <1,.~ fS fS IEililOBA .GMOCI ~ fS !::)'b <1,.~ !::)<?> <1,.~ ,,<:) <1,.<:) ,," f> Economic Planninll Sy.nllms, Inc. 4/612007 P.1170oos117()/)(jChulaFIrIRvwlDlllaICVBudg/llfoOJ1407 ~ CJ1 I ~ CJ1 Figure A-2 Cumulative Residential Units and Population Chula Vista Financial Review; EPS #17006 Chula Vista 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 (1) 2007 (2) 2008 2009 2010 2011 Units (1) 54,438 55,258 56,250 57,344 59,333 61,502 64,437 67,360 70,067 73,115 75,640 77,401 79,931 82,026 84,916 87,791 Population (2) 151,300 154,500 159,500 164,200 173,556 181,453 191,033 200,378 208,675 216,694 223,423 228,752 236,408 242,747 251,492 260,192 Annual Pop. Growth 2.1% 3.2% 2.9% 5.7% 4.6% 5.3% 4.9%. 4.1% 3.8% 3.1% 2.4% 3.3% 2.7% 3.6% 3.5% Sources: Chula Vista CAFR. Department of Finance, Economic & Planning Systems, Inc. (1) 1996-2006 residential unit numbers use actual DQF figures. The 2007-2011 figures are calculated using GMOC forecasted residential penn its from Table 1. (2) 1996-2006 use actual DaF population figures and 2007-2011 figures are forecasted using the amount of GMaC residential permits and DaF 2006 person per househ<lld figure of 3.026. EconomlcPlsrm;"gSysfems,lnc,418120D7 P:l/70ODs\ 17006ChuJaFInRvwlDatalCVBudgtnfo031 407 Figure A.3 General Fund Revenues Chula Vista Financial Review; EPS #17006 Functions/ Programs 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 Prooertv Tax Property Tax $8212625 $8342.059 $8 739 780 $9378123 $10262227 $11 525 823 $13068820 $14649804 $16356953 $18134869 $22192789 Total $8,212,625 59,342,059 58,739,780 $9,378,123 $10,262,227 511,525,823 513,068,820 $14,649,804 $16,356,953 $18,134,869 522,192,789 Other local Taxes Sales Tax $12,301,465 $12,891,662 $14,182,954 $15,051,971 $16,952,378 $18,820,155 $18,812,328 $19,612,779 $21,421,090 $23,600,000 $26,715,515 Franchise Fees $2,169,052 $2,133,765 $2,442,580 $2,506,858 $4,771,768 $7,316,343 $11,195,480 $4,301,710 $7,820,569 $9,837,800 $9,492,759 Utilities Users Tax $2,756,337 $2,921,407 $3,101,835 $3,452,338 $3,655,093 $3,931,223 $4,015,262 $4,770,817 $5,622,545 $6,579,578 $6,363,446 Business License Tax $768,991 $753,433 $765,085 $876,991 $865,005 $1,081,811 $1,108,566 $1,085,986 $1,063,847 $1,185,187 $1,234,912 Transient Occupancy Tax $1,337,981 $1,445,351 $1,684,156 $1,734,852 $1,990,855 $2,153,060 $2,051,203 $2,024,366 $2,159,678 $2,268,944 $2,336,204 Real Property Transfer Tax $248182 $329 006 $411802 $517 577 $700585 $882413 $1 206059 $1 359756 $1 989898 $2439190 $2122860 Total $19,582,008 $20,474,624 $22,588,412 $24,140,587 $28,935,684 $34,185,005 $38,388,898 $33,155,414 $40,071,627 $45,910,699 $48,265,696 Licenses and Permits Licenses $52,119 $63,020 $62,145 $69,697 $98,895 $93,276 $96,398 $109,162 $115,080 $105,408 $117,381 Dev/lmprovement Permits $1,406,447 $1,703,847 $1,821,583 $3,167,891 $3,214,904 $4,052,257 $3,101,806 $4,186,441 $4,690,902 $3,210,092 $2,697,584 Regulatory Permits $204,380 $207,326 $224,635 $241,820 $241,264 $246,853 $260,441 $273,691 $261,786 $334,210 $401,576 ~ Other Permits 1Q 1Q 1Q .u...m $2398 $2139 1Q CJ'1 Total $1,662,946 51,974,193 $2,108,363 $3,480,721 53,557,461 54,394,525 $3,458,645 $4,569,294 $5,067,768 53,649,710 53,216,541 I "'" Fines Forfeitures Penalties 0> Community Appearance Penalties $90,829 $64,621 $180.790 $329,550 $312,747 $249,031 $259,780 $242,795 $197,942 $458,749 law Enforcement Penalties $125.420 $147,277 $160,528 $181,774 $214,219 $177,086 $157,988 $176,629 $148,739 $168,900 Parking Penalties $198,577 $180,118 $183,138 $240,885 $230,625 $316,287 $302,578 $344,756 $273,171 $307,647 Other Penalties $186762 $195287 $196181 $179 052 $139668 $178127 $202 591 $204333 $205049 $208 893 Total $570,217 5601,588 5587,303 5720,637 5931,261 $897,259 $920,531 5922,937 5968,513 $824,901 51,144,189 Use of Monev & Prooertv Investment Earnings $638,252 $909,018 $1,698,539 $1,076,432 $1,856,461 $2,795,157 $1.831,324 -$238,982 $1,044,926 $279,277 Sales of Real Property $22,816 $343,345 $19,318 $276,132 $64,760 $50,569 $1,184 $18,179 $123 $361 Sales of Personal Property $160 $400 $100 $877 $570 $21,306 $25,555 $6,627 $13,742 $11,182 Rentalllease of Equipment $81,046 $77,873 $62,493 $65,016 $86,029 $81,226 $83,522 $122,819 $137,472 $123,365 Rental/lease of land and Space $80,897 $345,058 $337,449 $354,238 $357,220 $381,504 $378,802 $416,185 $423,664 $444,915 Rental/lease of Buildings $182034 $204 342 $223 265 $318128 $297 531 $265 920 $421121 $512236 $435460 $638 821 Totals 51,258,403 $1,005,205 51,880,036 52,341,164 $2,090,823 $2,662,571 53,595,682 52,741,508 $837,064 $2,055,387 51,497,921 Revenues from Other Aaencies Sales Tax $353,270 $370,281 $435,991 $463,871 $537,779 $592,875 $573,304 $600,308 $655,051 $720,941 $777,551 State Grants $950,571 $987,039 $431,385 $381,898 $1,314,803 $774,360 $841,248 $1,565,194 $821,142 $797,928 State Tax Sharing $179,520 $180,009 $177,311 $187,662 $194,151 $210,796 $216,868 $233,672 $250,606 $275,999 Motor Vehicle License Fees $6,048,901 $6,539.413 $7,245,046 $8,079,382 $9,213,568 $10,252,818 $11,007,909 $9,137,716 $13,941,204 $18,354,839 State Subvention-Booking Fees $0 $0 $0 $269,192 $269,192 $269,192 $269,192 $269,192 $269,192 $305,049 State Reimbursements $3,405 $37,837 $50,556 $29,573 $5,573 $3,245 $2,926 $5,428 $4,485 $773,879 Federal Grants $1,111,793 $1,663,599 $1,837,613 $2,757,141 $2,470,840 $2,743,760 $2,554,912 $2,617,845 $2,215,218 $2,656,964 Federal Reimbursements $22,417 $29,704 $58,959 $22,328 $66,921 $115,208 $91,615 $49,274 $83,467 $97,138 Other Agency Grants $50,000 $12,500 $40,996 $31,600 $17,082 $56,177 $105,290 $115,286 $108,467 $46,110 Other Agency Revenue 1Q 1Q 1Q $613500 $670 551 $883 440 $865 992 $955 276 $1 145566 $1 330798 Totals $6,840,471 $8,736,888 $9,886,092 $10,305,737 $12,910,055 514,815,556 $15,882,300 $16,556,260 $15,603,934 519,560,288 525,416,255 Ecooomk Planning Sysl8ms, Inc. 41812007 P"1I7000s117oo6ChulaFinRvw'Data\C VSudgitJfo031407 Figure A-3 General Fund Revenues Chula Vista Financial Review; EPS #17006 Functionsl Programs 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 Charaes for Services Zoning Fees $214,093 $224,778 $267,624 $763,976 $1,220,130 $1,941,654 $2,359,485 $7,966,767 $7,539,149 $8,162,093 Subdivision Fees $420,652 $517,345 $636,860 $10 $21 $0 Document Fees $50,638 $58,727 $96,071 $109,931 $88,252 $28,575 $25,797 $24,904 $27,698 $45,301 Plan Check Fees $1,173,887 $1,320,999 $2,635,746 $2,226,197 $2,607,829 $1,115,341 $1,693,248 $1,614,866 $1,760,972 $1,951,512 Inspection Fees $467,726 $421,332 $580,950 $1,187,545 $1,709,384 $1,378,983 $1,550,483 $109,826 $124,098 $168,880 Filing Fees $126,547 $93,835 $59,037 -$1,011 $432,531 $198,545 $45,285 $0 $228 $0 Development Agreement Fees $529,904 $950,572 $1,790,019 $2,000,665 $2,247,120 $2,627,890 $3,158,867 $0 $0 $0 Other Development Fees $13,251 $87,914 $78,726 $42,693 $141,987 $65,792 $122,186 $38,647 $9,152 Animal Shelter Contracts $5,540 $4,518 $3,640 $7,949 $8,075 $8,435 $7,359 $5,540 $6,655 $8,930 Dispatch Contracts $44,832 $45,068 $47,608 $40,717 $65,412 $17,160 Information Systems Services $126,839 $127,561 $114,371 $52,951 $34,345 $30,334 $18,416 $12,671 $16,242 $12,114 Services to the Port District $742,140 $715,552 $931,700 $732,957 $851,433 $864,006 $1,053,659 $919,332 $953,058 $544,810 Youth Center Utilities Reimb $16,921 $14,746 $12,389 $12,628 $6,606 $34,698 $24,246 $35,304 $39,144 $35,181 Recreation Program Fees $458,287 $384,685 $396,619 $439,421 $509,664 $548,526 $598,324 $736,773 $757,219 $836,950 ~ Class Admission Fees $26,888 $25,168 $92,693 $196,581 $152,723 $180,781 $241,980 $277 .439 $309,698 $360,164 C11 Referral Fees $26,214 $31,523 $49,018 $61,260 $63,020 $51,105 $53,466 $44,018 $41,589 $68,902 I Staff Services Reimb $493,720 $682,629 $767,629 $898,276 $1,192,534 $1,700,396 $1,729,211 $1,684,792 $1,869,142 $1,999,799 ~ Fees for Other Services $290 232 $276 100 $328 432 $558 126 $816769 $679 064 $721 734 $924 925 $1028870 $1 023 739 ..... Totals $2,801,116 $5,228,311 $5,983,052 58,889,132 59,330,872 $12,147,835 $11,471,285 $13,403,746 514,395,804 514,482,914 515,218,375 Other Revenue Gas Tax Reimb $0 $1,888 $0 DtF Reimbursements $585,293 $461,591 $326,742 $520,381 $569,103 $947,979 $1,552,538 $1,379,332 $1,620,897 $1,359,035 Transit Reimbursements $0 $286,164 $409,543 $332,302 $489,480 $552,983 $719,966 $791,975 $844,585 $762,460 Redevelopment Agency Reimb $1,612,012 $1,515,233 $1,688,694 $2,028,005 $2,709,784 $3,181,408 $3,056,624 $3,380,363 $3,933,859 $4,253,714 Open Spacel Assess Dist Reimb $0 $414,391 $512,241 $555,000 $771,195 $882,587 $1,042,910 $1,345.418 $1,660,065 $1,822,198 CIP Reimb $1,233,446 $1,055,576 $929,756 $1,162.478 $1,929,333 $2,243,742 $2,600,141 $3,197,833 $3,870,831 $4,333,556 CDBG/HOME Reimb $0 $383,450 $398,894 $584,916 $542,282 $503,942 $637,652 $741,080 $1,044,783 $1,567,320 Other City Funds Reimb $1,600,758 $182,697 $164,915 $342,117 $518,429 $447,437 $603,185 $802,028 $995,498 $2,767,452 Assessments $0 $23,498 $9,897 $3,874 $3,700 $3,695 $3,533 $3,865 $3,689 $3,693 Collection Charges $81,540 $75,267 $79,275 $27,177 $15,157 $74,360 $121,276 $92,863 $183,391 $150,673 Sales of Goods $411 $0 $0 $0 $0 $758 $50,103 $55,026 $51,440 $57,385 Other Revenues $1504174 $540195 $1 149507 $2750619 $1666579 $2488383 $3 143 052 $3942 909 $3229 578 $2489 702 Totals $9,019,972 $6,617,634 $4,938,062 $5,669,464 58,306,869 $9,216,930 $11,327,274 $13,530,980 515,732,692 $17,438,616 $19,567,188 Transfers In Gas Tax Fund $2,329,827 $2,322,066 $2,334,775 $2,260,000 $2,365,320 $2,559,533 $2,559,533 $3,102,012 $3,096,211 $3,858,092 Fed Aid to Urb $0 $0 $0 $0 $332,154 $0 $0 T rafflc Signal $0 $0 $0 $0 $50,000 $0 $0 Workers Camp Fund $447,045 $0 $0 $0 Traffic Safety $143,516 $141,802 $279,489 $385,182 $300,000 $417,768 $460,301 $686,015 $633,645 $527,984 Asset Seizure Fund $114,068 $249,836 $65,000 $45,000 $334,710 $0 $63,620 $0 $200,000 $0 CA Library Service $276,636 $165,533 $258,199 $145,682 $44,500 $74,509 $82,126 $71,875 $92,112 $74,612 Public Library $99,500 $92,232 $191,598 $280,285 $288,850 $281,187 $179,535 $88,956 $84,276 $70,647 EconomicPla/lflingSystems,/nc.4/8I2oo7 P,\17000sI17006ChuJaFinRvwID",,,ICVa,,dginfo031407 Figure A-3 General Fund Revenues Chula Vista Financial Review; EP5 #17006 Functionsl Programs 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 Disaster Assist $0 $0 $123,000 $0 $0 $0 $0 $323,140 $0 $0 Sewer Service Rsrv $3,225,028 $3,559,046 $3,563,356 $3,795,745 $4,362,849 $6,019,077 $6.485,503 $7,376,486 $7,961,050 $8,581,664 Strom Drain Rev $120,384 $127,083 $130,179 $236,015 $299,228 $413,157 $525,331 $700,227 $996,694 $1,357,355 CV Hsng Authority $0 $0 $0 $147,000 CDSG $0 $0 $0 $32,900 $0 $0 $232,235 Central Garage $0 $0 $25,000 $25,000 $27,500 $29,562 $31,188 Equipment Rplcmnt $2,400,000 Central Stores $0 $0 $0 $0 $15,000 $15,000 $1,000,000 TransiUCVT Fund $0 $0 $0 $119,767 03 Ref COP Fund $2,250,000 $0 $0 $0 PFDIF- Civic Center $0 $0 $0 $0 $0 $1,030,387 $0 PO Facility Remdl $0 $0 $0 $245,426 $0 $0 $0 $447,428 $0 $0 Corp Yard Relocate $0 $0 $0 $189,034 $0 $0 $0 $120,160 $334,546 $0 Lib East Territory $0 $0 $0 $0 $0 $288,262 $2,154,748 Fire Sup Sys Expn $0 $0 $0 $0 $0 $475,224 $0 RDA SFrrC I $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 $385,443 $385.443 $385.443 $15,000 CIP Fund $0 $0 $5,205,000 $0 $0 $797 $0 ~ C1P wi fiscal agent $391,311 U1 I Bike Facilities Fd $0 $0 $0 $31,734 """ Swr Facility Repl $0 $0 $82,990 $281,079 00 Parking Meter Fund $50,000 $50,000 $35,000 $35,000 $0 $0 Special Sewer Fund $0 $18,290 $0 $0 $50,000 $0 CFD 07M-EL Woods $0 $0 $0 CFD 08M-Vlg 6 MM/OR $0 $0 $0 CFD 09M- OR Vlg II $0 $0 $0 BECA Corporation $0 $0 $0 $307 $0 $0 COBG Hsg Prgm $0 $0 $0 Low & Mod lnc Hsng $0 $0 $16,590 Open Space District 4 $0 $0 $0 PFOIF Fire $0 $293,000 $31,262 PFDIF $0 $0 $0 RDA TC 1/ $0 $0 $0 Public Liability Trust $156,000 $400,000 $0 Unemployment Insurance $0 $0 $25,503 Las Flores Assess $0 $141,136 $0 Other Funds $1 658271 $125616 $198739 $16595 Totals $6,186,131 $8,188,230 $7,700,640 $7,267,690 $7,632,676 $8,060,457 $15,010,231 $13,496,337 $13,726,396 $15,706,199 $21,291,011 General Fund Total $56,133,889 $61,168,732 $64,411,740 $72,193,255 $83,957,928 $97,905,961 $113,123,666 $113,026,280 $122,766,751 $137,763,583 $157,809,965 Sources: MuniCast (03-20-07), FY 2007 Adopted Budget Update, FY '04 & '05 Adopted Budget Vol. I, FY '00-01 Adopted Budget, FY '99-00 Adopted Budget. EconomioPlanningSyst"ms,lflU.4J812007 P:\17000s\17006Chu/aFhlRvw\DataICVBlIdginfoOJ1407 Figure A-4 General Fund Expenditures Chula Vista Financial Review; EPS #17006 Functionsl Programs 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 Leaislative and Administration City Council $380,298 $384,869 $386,238 $427,298 $464,134 $507,754 $541,594 $716,351 $940,902 $1,177,743 $1,513,721 Boards and Commissions $35,074 $35,814 $3,350 $31,154 $3,005 $4,192 $8,964 $6,759 $7,101 $4,837 $5,995 City Attorney 1,037,706 $948,690 $830,290 $1,042,314 $1,122,987 $1,201,620 $1,560,672 $1,662,470 $2,071,101 $2,008,371 $2,444,294 City Clerk $249,961 $223,899 $207,533 $387,302 $370,506 $517,128 $629,133 $668,859 $800,545 $870,782 $1,153,689 Administration $981,780 $869,962 $949,916 $1,066,884 $2,347,135 $2,882,289 $3,505,693 $5,437,290 $4,754,977 $4,911,195 $3,921,934 Management & Information $797,470 $742,588 $774,906 $1,335,157 $1,704,658 $2,178,672 $2,770,009 $2,979,419 $3,159.711 $3,427,130 $4,014,506 Human Resources $2,643,251 $2,503,969 $2,156,343 $2,770,528 $2,360,617 $2,568,973 $4,516,488 3,205,628 $3,796,945 $3,961,465 $5,110,626 Finance $1,354,048 $1,317,897 $1,447,874 $1,614,124 $1,871,512 $2,051,558 $2,078,252 $2,309,412 $2,449,968 $2,568,824 $2,974,595 Non Departmental $148,974 -$659,943 $736,424 $1,613,367 -$130,713 $3,603,542 $5,311,468 $9,398,676 $4,136,247 $3,172,232 $5,472,116 Total 57,628,562 16,367,745 17,492,874 $10,288,128 110,113,841 115,515,728 120,922,273 $26,384,864 122,117,497 122,102,579 $26,611,476 Develooment & Maintenance Services General Services $900 $0 $4,807,890 $13,172,220 $10,309,362 ~ Community Development $2,285,059 11,924,054 1,328,638 $1,325,809 $1,463,041 $1,892,933 $2,220,258 $2,512,732 $3,162,834 $3.741,911 $3,944,663 en Planning & Building $2,908,870 $2,684,869 2,755,303 $3,923,974 $4,914,868 $5,577,760 $6,866,918 $7.785,878 $9,125,870 $9,782,397 $10,693,725 I Engineering 10 $9,377,811 $10,254,124 -$839 $7,096,250 ./>0 CO Public Works Operation $10,734,719 $10,665,860 11,070,424 $14,351,591 $16,538,617 $19,516,242 $23,160,640 $16,267,336 $14,906,954 $18,693,366 $19,635,280 Total 115,928,648 $15,274,783 $15,154,365 119,601,374 $22,916,526 $26,986,935 $32,248,716 135,943,757 142,257,672 $45,389,055 $51,679,280 Culture & Leisure Library $3,684,479 $3,686,905 $3,873,056 $6,501,979 $5,500,634 $6,355,834 $6,900,255 $7,630,165 $7,513,643 $8,929,753 $9,680,387 Recreation $5,043,472 $5,187,435 $0 $2,762,900 $3,618,944 $4,197,104 $3,861,033 $3,846,337 $4,308,327 $5,178,954 Nature Center $0 -$187 $851,496 $912,945 $995,407 $1,031,090 Total 18,727,951 18,874,340 13,873,056 16,501,979 18,263,534 19,974,778 111,097,172 $12,342,694 112,272,925 114,233,487 115,890,431 Public Safetv Police $18,311,865 19,600,759 $20,725,683 $21,754,962 $24,236,995 26,583,207 29,269,841 $33,448,840 $37,152,174 $42,544,921 $45,340,398 Fire $7,359,668 7,657,753 $7,768,328 $7,984,623 $8,322,527 $8,865,914 10,140,026 $10,920,654 $14,307,475 $17,925,475 $21,305,375 Total 125,671,533 $27,258,512 $28,494,011 129,739,585 132,559,522 $35,449,121 $39,409,867 144,369,494 $51,459,649 $60,470,396 $66,645,773 Subtotal $57,956,694 157,775,380 155,014,306 $66,131,066 $73,853,423 187,926,562 $103,678,028 $119,040,809 1128,107,743 1142,195,517 $160,826,960 Sources; Muni cast (03-20-07). FY 06-07 Adopted Budget Valli, FY 04&05 Adopted Budget Valli, FY 02 & 03 Adopted Budget, FY 00-01 Adopted Budget, FY 99-00 Adopted Budget, FY 96-99 Proposed Budget, FY 97-98 Proposed Budget, Economic & Planning Systems, Inc. EconomicPlanningSyslems,/nc.4I612oo7 P-lf7000s117006Chu/aFirlRvw\Dala\C VBIJdginlo031407 $170 $140 ~ c.n In I c.n C C) 0 .- $110 - - .- E $80 $50 Figure A-5 Chart of General Fund Revenues and Expenditures 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 F General Fund Revenues -- General Fund Expenditures I $170 ~ en I en ~ $140 tJ) c ~$110 - .- E $80 Figure A-6 Chart of General Fund Revenues and Expenditures $50 2>\0 ~ 2>'0 2>OJ ~~ ~" ~~ ~~ ~~ ~~ ~\o ~ ,,OJ ,,OJ ,,OJ ,,OJ ~ ~ f5 ~ ~ ~ ~ ~ ~eneral Fund Expenditures III General Fund Revenues::: Expenditure Line I ~ 01 I 01 ,..., $140 2007 $200 III s::: o .- - - .- E $170 Figure A-7 General Fund Revenues and Expenditures Projected , - --- - . Moderate Revenue Growth (6%) ___ . --- . , --- , . --- - , --- . , --- , , , 2008 2009 2013 2010 2011 2012 Figure A-8 Redevelopment Agency Revenues Chula Vista Financial Revlewj EPS #17006 Functions! Programs 1999 2000 2001 2002 2003 2004 2006 2006 budget projected adopted Redevelooment Acencv Fund 600 Property Taxes $2,294,733 $2,390,425 $2,505,015 $2,218,854 $1,947,926 $3,978,613 $3,049,166 $2,650,245 Use of Money and Property $550,625 $204,276 $2,536,843 $6,003,571 $883,118 $416,235 $2,979,534 $1,175,060 Revenue from Other Agencies $0 $361,367 Development Impact Fees $0 $450 ($19) $6,874 $0 $0 Other Revenue $2,342,085 $2,921,966 $19,366,936 $283,336 $75,000 $620,131 $0 $50,000 Transfer In $402 367 $556000 $545000 $1 948 043 $2 496 609 ~ $625000 $135200 Total $6,589,810 $6,073,117 $25,315,142 $10,453,804 $5,402,653 $5,021,853 $6,653,700 $4,010,505 SWTax Acreement Funds 670 Property Taxes $0 $401,583 $557,237 $441,523 $773,019 $734,166 $814,429 $890,691 Use of Money & Property ~ $27559 536386 $45328 $33025 $4290 $11595 ~ Total $0 $429,142 $593,623 $486,851 $806,044 $738,456 $826,024 $891,306 Housinc proaram Funds 310 Property Taxes $1,183,503 $1,164,961 $1,405,176 $1,293,521 $1,433,039 $1,950,856 $1,644,412 $1,677,292 ~ Use of Money & Property $437,653 $437,428 $400,731 $340,826 $316,209 $80,224 $109,822 $116,523 01 Revenue from Other Agencies $0 $0 $0 $0 $87,169 $87,011 I Charges for Service ($330) 01 Other Revenue $5,871 $85,228 $97,210 $103,717 $9,625 $44,196 $42,753 $181,442 W Transfer!n ~ $862020 $306613 5305 946 $323347 ~ $11000 l1Q.QQQ Total $1,911,003 $2,549,637 $2,209,730 $2,044,010 $2,082,220 $2,081,608 $1,895,156 $2,072,268 Industrial Dev Authoritv Fund 725 Use of Money ~ !ill. lli1 ~ ~ = llQ1 ~ Total $0 $391 $441 $329 $430 $221 $351 $0 Debl SeNiee- RDA Funds 680 Property Taxes $2,383,789 $2,431,700 $3,072,817 $3,078,368 $3,538,327 $3,653,939 $3,507,080 $3,742,725 Use of Money & Properly $206,786 $336,407 $422,367 $382,284 $72,785 $184,185 $278,631 $231,000 Transfer In ~ $1926110 $1985026 $9885743 $3163938 $750300 $5347343 55394310 Total $2,590,575 $4,694,217 $5,480,210 $13,346,395 $6,775,050 $4,588,424 $9,133,054 $9,368,035 Total Revenues Property Taxes $5,862,025 $6,388,669 $7,540,245 $7,032,266 $7,692,311 $10,317,574 $9,015,087 $8,960,953 Use of Money and Property $1,195,064 $1,006,061 $3,396,768 $6,772,338 $1,305,567 $685,155 $3,379,933 $1,523,198 Revenue from Other Agencies $0 $0 $361,367 $0 $0 $0 $87,169 $87,011 Development Impact Fees $0 $450 ($19) $0 $0 $6,874 $0 $0 Other Revenue $2,347,956 $3,007,194 $19,464,146 $387,053 $84,625 $664,327 $42,753 $231,442 Transfer In $686,673 $3,344,130 $2,836,639 $12,139,732 $5,983,894 $756,632 $5,983,343 $5,539,510 Charges for Service ($330) Tolal $10,091,388 $13,746,504 $33.599,146 $26,331,389 $15,066,397 $12,430,562 $18,608,285 $16.342,114 Sour~es: FY 2006 & 2007 Adopted Budget, FY 2004 & 2005 Adopted Budget Vol. II, FY 2003 Adopted Budget, FY 2002 & 2003 Adopted Budget, FY 2000-2001 Adopted Budget Economic PI""ning Sy$/ems. Inc. 41fi12007 P\ 17000,\ Il006CllulaFinRwNJatalCVBuriginfo031401 Figure A.9 Redevelopment Agency Expenditures Chula Vista Financial Review; EPS #17006 Functionsl Programs 1999 2000 2001 2002 2003 2004 2006 2006 budget projected adopted Redevelooment Aoencv Fund 600 Personnel Services $0 $2,074 Supplies and Services $2,218,976 $482,128 $662,175 $781,820 $763,355 $542,361 $655,109 $887,859 Other Expenses $4.413,984 $2,880,529 $4,724,112 $3,872,360 $3,176,751 $3,146,697 $5,892,276 $4,576,169 Capital $83,458 $31,714 $24,806 $1,300,000 $867,600 Transfers Out $0 $2,520,104 $2,023,020 $10,001,840 $4,305,722 $1,022,752 $3,794,600 $4,252,335 CIP Project Expenditures ~ $258 603 $823918 S4 933 616 $435291 $588186 $849189 5303000 Total $6,716,418 $6,175,152 $8,258,031 $20,889,636 $9,548,719 $5,299,996 $11,191,174 $10,019,363 SW Tax Aareement funds 670 Supplies and Services $2,990,334 Other Expenses ~ 5382430 $589801 $462447 $806 224 5740760 $826024 $953 076 Total $2,990,334 $382,430 $589,801 $462,447 $806,224 $740,760 $826,024 $963,076 Housino Prooram Funds 310 Personnel Services $0 $0 $0 $0 $1,065 ~ Supplies and Services $35,275 $66,676 $29,539 $152,213 $151,050 $141,721 $200,362 $189,277 CJ1 Other Expenses $290,026 $422,759 $492,326 $807,036 $2,139,554 $783,191 $744,461 $892,645 I Capital $209,633 $137,186 $165,722 $156,713 $321,767 $124,495 $321,967 $321,967 CJ1 Transfer Out $0 $867,915 $557,508 $11,841 $486,965 $11,872 $15,509 $160,404 .j:> Non-CIP Project Expenditures ~ $87 169 $82661 Total $534,934 $1,494,536 $1,246,095 $1,127,803 $3,100,421 $1,061,279 $1,369,468 $1,646,954 Industrial Dev Authoritv Fund 725 Supplies and Services $0 $0 $0 $0 $985 $0 $985 $0 Other Expenses ~ ~ ~ ~ $1820 ~ $2152 ~ Total $0 $0 $0 $0 $2,805 $. $3,137 $0 Debt Service- RDA Funds 680 Supplies and Services $5,153 $18,367 $18,279 $18,276 $30,200 $18,397 $19,700 $24,950 Other Expenses $0 $4,609,487 $4,948,945 $7,021,809 $5,728,699 $14,837,271 $5,332,230 $5,466,403 Transfer Out 51 948044 $115000 $483618 $1993754 $2510255 Total $5,153 $4,627,854 $4,967,224 $8,988,129 $5,873,899 $15,339,286 $7,345,684 $8,001,608 Total Exoenditures Personnel Services $0 $2,074 $0 $0 $1,065 $0 $0 $0 Supplies and Services $5,249,738 $567,171 $709,993 $952,309 $945,590 $702,479 $876,156 $1,102,086 Other Expenses $4,704,010 $8,295,205 $10,755,184 $12,163,652 $11,853,048 $19,507,919 $12,797,143 $11,888,293 Capital $293,091 $168,900 $190,528 $1,456,713 $1,189,367 $124,495 $321,967 $321,967 Transfers Out $0 $3,388,019 $2,580,528 $11,961,725 $4,907,707 $1,518,242 $5,803,863 $6,922,994 CIP Project Expenditures $0 $258,603 $823,918 $4,933,616 $435,291 $588,186 $849,189 $303,000 Non-CIP Project Expenditures ~ ~ ~ ~ ~ ~ $87169 $82 661 Total $10,246,839 $12,679,972 $15,060,161 $31,468,015 $19,332,068 $22,441,321 $20,736,487 $20,621,001 Sources: FY 2006 & 2007 Adopted Budget, FY 2004 & 2005 Adopted Budget Vol. II, FY 2003 Adopted Budget, FY 2002 & 2003 Adopted Budget, FY 2000-2001 Adopted Budget EconnmicPliJtlmngSy.tems.lnc.4/6I2007 P:1170Q0slflooe;Cllul"FinRw/lDalaICVBud9infoOJ1401 Figure A-10 Personnel Positions and Service Costs Chula Vista Financial Review; EPS #17006 Functionsl Programs 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 Personnel Service Cost (1) $47,677,843 $44,486,785 $49,585,887 $52,834,707 $57,449,732 $66,574,000 $74,197,000 $85,407,000 $97,424,000 $113,081,000 $122,674,000 Annual Average Growth Rate -7% 11% 7% 9% 16% 11% 15% 14% 16% 8% Permanent Positions 843 846 873 918 946 993 1,060 1,087 1,169 1,205 1,227 Positions per 1,000 Population 5.6 5.5 5.5 5.6 5.5 5.5 5.6 5.4 5.6 5.6 5.5 Cost Per Employee $56,565 $52,579 $56,813 $57,532 $60,717 $67,043 $69,981 $78,564 $83,332 $93,816 $99,960 (1) All personnel service cost include PERS. ~ Sources: FY 2006 & 2007 Adopted Budget Vol. I, FY 2004 & 2005 Adopted Budget Vol. I, FY 2002 & 2003 Adopted Budget. FY 2000-2001 Adopted Budget, FY 1999-2000 Adopted Budget, FY 1998-1999 Proposed Budget. FY 1997-1998 Proposed Budget, FY 1996-1997 Proposed Budget C11 I C11 C11 General Fund Personnel Service Costs $20,000,000 20% $140,000,000 $120,000,000 15% $100,000,000 10% $80,000,000 5% $60,000,000 0% $40,000,000 -5% $0 -10% 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 1_ Personnel Service Cost (1) -+-Annual Average Growth I EconomicPlanningSystems,/nc.4I612oo7 P-117000s117006ChulaFinRvwtDalsICVBudg/nfo031407 Figure A-11 Additions to City Assets Chula Vista Financial Review Fiscal Year Ending (1) 5-Year Item 2002 2003 2004 2005 2006 Total Land $4.8 $3.9 $6.6 $8.7 $2.5 $26.5 Construction in Progress 22.9 29.6 30.0 32.8 42.5 157.8 Buildings 0.1 27.5 1.0 77.2 105.8 Other Improvements 2.0 3A 5.7 4.0 15.1 Machinery and Equipment 3.9 3.5 3A 3.7 3.0 17.5 Infrastructure 11.7 153.9 60A 69.8 67.1 362.9 Total $43A $220A $104.8 $120.7 $1963 $685.6 (1) 2006 shows governmental activities; other years include business~type activities. Sources: Comprehensive Annual Financial Reports 2002-2006, Notes to Financial Statements; Economic and Planning Systems, Inc. Economic Planning Systems, Inc. 4/612007 P:\17000s\ 17006ChulaFinRvwIDatalCVBudginfo031407 15-56 Figure A-12 PERS Required Contribution Rates Chula Vista Financial Review; EPS# 17006 Contribution 2002 Fiscal Year Ending 2003 2004 2005 2006 Public Safety Employer (1l Other (2) Total 0.00% 0.00% 5.78% 24.47% 23.25% 9.00% 9.00% 9.00% 9.00% 9.00% 9.00% 9.00% 14.78% 33.47% 32.25% 0.00% 0.00% 12.02% 15.98% 20.15% 8.00% 8.00% 8.00% 8.00% 8.00% 8.00% 8.00% 20.02% 23.98% 28.15% Miscellaneous Employer (1) Other (2) Total (1) Does not include additional City costs to repay Pension Obligation Bond. (2) "Other" includes City funded employee share. Sources: CalPERS Actuarial Valuation Reports Economic Planning Systems, Inc. 4/812007 P:\17000s\17006ChulaFinRvwlData\CVBudginfo031407 15-57