HomeMy WebLinkAbout1991/05/07 Agenda Packet
Tuesday, May 7, 1991
4:00 p.m.
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Public Services Building
Resru1ar MeetinS( of the City of Chula Vista City Council
CALLED TO ORDER
1.
CAll. TIlE ROIL:
Councilmembers Malcolm ~ Nader ~ Rindone _ and Mayor Pro
Tempore Moore _'
2, PLEDGE OF ALLEGIANCE TO TIlE FLAG. SILENT PRAYER
3. APPROVAL OF MINlITES: April 23 & 25,1991
4. SPECIAL ORDERS OF TIlE DAY:
a. Proclaiming the month of May 1991 as "Older Americans Month" - Presented to Helen
Stokes, Vice Chair of Chula Vista's Commission on Aging.
b. Proclaiming Tuesday, May 7, 1991, as "Centenarian Day"
CONSENT CALENDAR
(Items 5 through 16)
The staff recommendations regarding the following iJems listed under the Consent Calendar will be enm:ted by the
Council by one motion without discussion unless a ClJIIIIdJmember, a member of the publU: or City staff requests
that the item be pulled 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. (Complete the green form
to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff
recommendation.) Items pulled from the Consent Calendar will be discussed after PublU: Hearings and Oral
Communil:ations. Items pulled by the publU: will be the first iJems of business.
5, WRITTEN COMMUNICATIONS:
a. Letter of Resignation from Child Care Commission - Frances S. Larson
b. Letter requesting Continued Enforcement of Sign Abatement Program . Tom Davies,
Chairman, Broadway Business Association
c. Letter requesting $2,500 fee be waived for processing an amendment to the General Plan
for homeowner, Cynthia Williams, 114 Third Avenue, Chula Vista - Wanda Eaton, Eaton
Development Co., Inc.
d. Letter regarding a major safety problem in the Point Robinhood neighborhood - Jean
Adams, 1547 Point Hueneme Court, Chula Vista, CA 91911
AGENDA
2
MAY 7,1991
6. ORDINANCE 2447 ADDING CHAPTER 2.40 TO THE CHULA VISTA MUNlOPAL CODE
RELATING TO CREATION OF THE GROwrn MANAGEMENT OVERSIGHr
COMMISSION (second readinR: and adoption) Staff tecommends Council
place otdinance on second reading and adoption. (City Attorney)
7. ORDINANCE 2454 AMENDING CHAPTER 9.20 TO PRIMARILY TO PRECLUDE SALE OR
POSSESSION OF FELT TIP MARKERS BY MINORS, AND TO OIANGE THE
DESIGNATION OF GRAFFITI-lYPE CRIMES FROM INFRACTIONS TO
EITHER INFRACTIONS OR MISDEMEANORS (second readinR: and
adoption) Staff recommends Council place ordinance on second reading
and adoption. (City Attorney)
8. ORDINANCE 2451 ADDING CHAPTER 2.31 AND AMENDING CHAPTER 9.50 OF THE CHULA
VISTA MUNlOPAL CODE RELATING TO MOBILE HOME PARKS RENT
REVIEW COMMISSION (second readinR: and adoption) - At the present
time, the City has a rent arbitration ordinance which provides a mechanism
for park residents to appeal a rent increase when the increase exceeds the
percentage increase of the Consumer Price Index for any twelve month
period. The recommended Municipal Code changes address issues relating
to the efficacy of the ordinance. Staff recommends Council place ordinance
on second reading and adoption. (Director of Community Development)
9. ORDINANCE 2448 AMENDING TITLE 19 OF THE CHULA VISTA ZONING CODE BY ADDING
CHAPTER 19.09 FOR THE PURPOSE OF MANAGING THE crfY'S GROwrn
(second readinR: and adoption) Staff recommends Council continue to the
meeting of May 14, 1991. (Director of Planning)
10. ORDINANCE 2456 AMENDING SECTION 6.04.060 OF THE MUNlOPAL CODE RELATING TO
THE PROHIBmON OF SWINE IN THE (JTY (first readinR:) - Chula Vista
Municipal Code prohibits swine. Mr. Van Winkle requested that the
referenced Ordinance be amended to allow the keeping of miniature pigs
Staff recommends conditional approval of his request. (Police Chief)
11. RESOLUTION 16121 APPROVING THE JOINT POWERS AGREEMENT BY AND AMONG SEVERAL
OnES OF THE COUNlY OF SAN DIEGO TO UTIGATE THE VAUDIlY
AND AMOUNT OF SAN DIEGO COUNfY'S BOOKING FEE CHARGES - On
March 19, 1991, the City Council conceptually approved participation in
a Joint Powers Agreement among several San Diego County cities affected
by the County booking fee charge for the purpose of retaining outside legal
assistance and litigating the validity and amount of the County booking fee
AGENDA
3
MAY 7,1991
Bay Cities Services, Inc., a three-year contract to remove solid waste from
its school facilities. It may not do so without having a franchise gtant from
the City. Staff recommends approval of the resolution. (City Attorney)
13. RESOLUTION 16134 AMENDING COUNaL POUCY NUMBER 662-05 "SEXUAL HARASSMENT
POuer AND ADOPTING AMENDED COUNaL POUCY NUMBER 662-05
ENTITI.ED "GENERAL AND SEXUAL HARASSMENT POUCY" - The new
policy addresses general as well as sexual harassment and also provides a
complaint process. Staff recommends Council adopt the resolution to
amend Policy No. 662-05 replacing Resolution No. 11058. (Ditector of
Personnel)
14. RESOLUTION 16150 ACCEPTING BIDS AND AWARDING CONfRACf FOR PURCHASE OF
ENGINE ANAL'YZERITESTER - Bids were received and opened for the
purchase of one Engine Analyzer/Tester approved in the FY 90/91 Capital
Outlay Budget. The Analyzer/Tester will be used by Equipment
Maintenance Division for diagnostic analysis of vehicle problems and smog
testing. Staff recommends approval of the resolution. (Director of
Finance)
15. RESOLUTION 16151 ACCEPTING BIDS AND AWARDING CONfRACf FOR PURCHASE OF
STUMP CIITfER - Bids were received and opened for the purchase of one
stump cutter approved in the FY 90-91 Equipment Replacement budget.
The cutter will be used by the Tree Division of Public Works. Staff
recommends approval of the resolution. (Director of Finance)
16. RESOLUTION 16152 APPROPRIATING FUNDS FOR SPECIAL MUNICIPAL ELEcrJON TO BE
HElD JUNE 4,1991 - On February 26, 1991, Council approved Resolution
16077 which called a special municipal election to be held on June 4,
1991 for the election of Mayor. The Resolution also requested the
Registrar of Voters to conduct the election. However, funds were not
appropriated for the election at that time. Staff recommends appropriating
$112,000 from the general fund to Account No. 100-0170-5202 to cover
costs. (City Clerk) 4/5's vote required.
. . END OF CONSENT CALENDAR. .
PUBUC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posU!d as public heorin&s as mpDred by law. If you wish to speak
to any item, please fill out the "Request to Speak Form" avaiIob1e in the lobby and submit it to the City Clerk prior
to the meeting. (Complete the green form to speak in favor of the staffrecommendation; complete the pink form
to speak in opposition to the staff m:ommendation.) Comments are limited to five minutes per individual.
AGENDA
17.
PUBUC HEARING
4
MAY 7, 1991
HOUSING AND COMMUNl1Y DEVELOPMENT NEEDS FOR TIiE 1991-92
COMMUNl1Y DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM.
INCLUDING CONSIDERATION OF FUNDING REQUESTS FOR PUBUC
SERVICES, COMMUNl1YDEVELOPMENT AND CAPITAL IMPROVEMENTS-
The City of Chula Vista will receive $1,297,000 in 1991-92 CDBG
entitlement funds and anticipates receiving program income of about
$90,000 from the Housing Rehabilitation revolving fund. Two public
hearings on housing and community development needs are held to
provide for citizen participation and public comment on proposed projects,
the program budget, and the Community Development Plan. The
accompanying resolution reallocates $119,940 from the Norman Park
Senior Center Renovation project to the Orange and Fourth Park
Development project. This action is requested in order to expedite the
purchase of the fmal parcel of Park property. It is proposed that the
Norman Park funding be replaced with a new allocation from 1991-92
CDBG funds. Staff recommends Council conduct a public hearing on
housing and community development needs, accept the staff report on the
proposed 1991-92 CDBG program, and adopt the resolution approving the
reallocation of $119,940 of CDBG funds for the Norman Park Senior Center
Renovation project to the Fourth and Orange Park Development project.
(Director of Community Development) 4/5's vote required.
RESOLUTION 16153 APPROVING AN APPROPRIATION OF $120,000 OF 1991-92 CDBG FUNDS
FOR TIiE NORMAN PARK SENIOR CENfER RENOVATION AND
RESCINDING TIiE TRANSFER OF $120,000 FROM TIiE FOURTH AND
ORANGE PARK DEVELOPMENT PROJECT TO TIiE NORMAN PARK
SENIOR CENfER PROJECT.
ORAL COMMUNICATIONS
This is an opportunily for the general pub/u; to address the City Council on any subject matter within the Council's
jurisdiction that is not an item on this agenda. (State law, however, generally prohibits the City Council from
taking action on any issues not included on the posted agenda.) If you wish to address the Council on such a
subject, please complete the yellow "Request to Speak Under Oral Communications Form" available in the lobby
and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name and address
for record purposes and follow up action. Your tirM is IimiIed to three minutes per speaker.
ACTION ITEMS
"The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by the
Council, staff, or members of the general public. The items will be considered individually by the Council and staff
recommendations may in certain cases be presented in the alternative. Those who wish to speak, please fill out
a "Request to Speak" form available in the lobby and submit it to the City Clerk prior to the meeting. Public
comments are limited to five minutes. "
None submitted.
AGENDA
5
MAY 7, 1991
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions and/or Committees.
None submitted.
ITEMS PUllED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss items which have been removed from the Consent Calendar. Agenda
items pulled at the request of the public will be considered prior to those pulled by Councilmembers. Public
comments are limited to five minutes per individual.
OTIiER BUSINESS
18. CITY MANAGER'S REPORTrS)
a. Scheduling of meetings.
19. MAYOR'S REPORTrS)
20. COUNCIL COMMENTS
Councilman Malcolm:
a. Legislative Communication:
Legislation Prohibiting Release of Names of Rape Victims both on State and Local Levels
b. Legislative Analysis:
I. Requires Council Action
SB 776 (Killea) - San Diego/Coronado Bridge: Tolls. Staff recommends Council
support.
Councilman Rindone:
a. Graffiti legislation
b. Public/Private Partnerships in addressing graffiti concerns
AGENDA
6
MAY 7,1991
ADJOURNMENT
The City CounciVRedevelopment Agency will meet in a closed session immediately following the Council
meeting to discuss:
Potential acquisition of real property under Government Code Section 54956.8 -- Properties located at:
Parcel #622.030.09 Raymond and Mary Hernandez; 622.030.10 Esequiel and Amelia Mora; 622.030.11
Ester Alonzo; 622.030.15 Juan and Ignacia Mercado; 622.030.16 Kaoru and Lily Iwashita; 622.030.22
Alfredo Vasquez; 622.030.23 Nicholas Mora; 622.030.25 Chula Vista Congregation of Jehovah's Witnesses;
622.030.26 Kaoru and Lily Iawshita; 622.030.27 Kaoru and Lily Iwashita; 622.041.17 Minoru
IwashitajTosh Asakawa; 622.041.20 San Diego Chapter Japanese American Citizens League, Inc.;
622.041.21 San Diego Chapter Japanese American Citizens League, Inc.; 622.041.22 James and Sandra
Williams; 622.041.23 James and Sandra Williams
The meeting will adjourn (closed session and thence to) the Regular City Council Meeting on May 14,1991
at 6:00 p.m. in the City Council Chambers.
COUNCIL AGENDA STATEMENT
ITEM ~
MEETING DATE 5/07/91
ITEM TITLE:
proclamation - Proclaiming the Month of May 1991 as
"OLDER AMERICANS MONTH"
Mayor pro Tempore M~(4/5THS VOTE: YES_ NO~
The proclamation declaring May 1991 as "OLDER AMERICANS MONTH" will
be presented by Mayor pro Tempore Moore to Helen Stokes, Vice Chair
of Chula vista's Commission on Aging.
SUBMITTED BY:
411-1
COUNCIL AGENDA STATEMENT
ITEM -.!t.L
MEETING DATE 5/7/91
ITEM TITLE:
Proclamation - Proclaiming Tuesday, May 7, 1991 as
"CENTENARIAN DAY"
SUBMITTED BY: Mayor pro Tempore ~r:iJ/PJ(4/STHS VOTE: YES NO xx
Proclamations declaring Tuesday, ~, 1991 as "CENTENARIAN DAY"
will be presented by Mayor pro Tempore Moore to the following
centenarians:
Mr. Stevens
Ms. Anita Ansenson
Jessie Baumgardner
46,1
May 3, 1991
FROM:
The Honorable Mayor and City Council
George Krempl, Deputy City Manager~~
TO:
SUBJECT:
City Council Meeting of May 7, 1991
This will transmit the agenda and related materials for the regular City Council
meeting scheduled for May 7, 1991. Comments regarding the Written Communications
are as follows:
5a. IT IS RECOMMENDED THAT MS. LARSON'S RESIGNATION FROM THE CHILD CARE COMMISSION
BE ACCEPTED WITH REGRET AND A LETTER OF APPRECIATION BE SENT.
5b. This is a letter from Tom Davies, Chairman of the Broadway Business Association,
requesting continued enforcement of the sign abatement program. The City
of Chula Vista established a 15 year amortization period for non-conforming
signs in December 1974, thus reaching a conclusion in December 1989. In
January, 1990, Council received similar concerns to those expressed in
the present letter from the Broadway Association. In response to this
and other public testimony, the Council by due process extended the 15
year abatement date an additional year to December 31, 1990 and established
a process whereby in hardship cases an additional one year extension could
be obtained. All sign parties were so advised. In addition, staff has
met periodically with the Broadway Association, Chamber of Commerce and
Montgomery Planning Committee to keep them apprised of the program. The
Broadway Association's request for an additional 5 years for non-conforming
sign amortization is not warranted and therefore IT IS RECOMMENDED THIS
REQUEST BE FILED.
5c. This is a letter from the Eaton Development Co., Inc. requesting a $2,500
fee be waived for processing an amendment to the General Plan for Cynthia
Williams. IT IS RECOMMENDED THAT THIS REQUEST BE REFERRED TO STAFF FOR
REVIEW.
5d. This is a letter from Jean Adams, 1547 Point Hueneme Court, regarding
safety problems in the Point Robinhood neighborhood. IT IS RECOMMENDED
THAT THIS LETTER BE REFERRED TO THE SAFETY COMMISSION AND TRAFFIC ENGINEERING
FOR STUDY AND REPORT BACK.
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50.1
BROADWAY BUSINESS ASSOCIATION
437 Broadway' Chula Vista. CA 91910. PH (619)476-9698' FAX (619)476-9946
TO: The City Council of the City of Chula Vista
RE: Continued enforcement of Sign Abatement Program
The Broadway Business Association would like to take this opportunity to address
the issue of abatement of non-conforming signs throughout the business community of
our city. We have, in the past, worked to extend the deadline for non-conforming signs
to comply with the city's ordinance.
Our membership frequently hears problems business people encounter when dealing
with the cities planning department with regard to sign issues. It would seem that the
planning department regulates what is and isn't in good taste. When the abatement
program is complete and the planning department is finished with us, and we all have
signs that look just like each others, (all the same shape, size and color), we'll then
realize the bland kind of taste our planners have.
Businesses need to be identifiable. For generations, a barber shop has had a barber
pole... not in Chula Vista. It must be painted on the window, and then it can only be so
large. How long before our planners decide that the colors are too varied?
We feel that the pendulum has swung far enough in the regulatory direction. Our
planners should certainly have better things to do than to dictate the color, print or
background we choose for our signs. With shop vacancies visible throughout our
community, we have to wonder how many might be attributable to our zealous sign
ordinances.
We would like to see a more liberal approach to signage throughout our business
community. We feel that this might be the appropriate time to take another look at our
sign ordinance with a business point of view. The Broadway Business Association
once a~~i!l u!ges y~u t? postpone e,!1for~eme~t of the Sign. Abatemen.t Program for five
years. ...d:"~ iill.lc;1,;'d.il J._lv'vY ilOil(;!j!a;;;-:;....1;:'6 s~gns to carne iu.~:) ~C~7~f'~:~nce \vhe.n
business ownerships change and also give the city time to re-evaluate its restrictive
policies.
~erely,
(6~ u~
Tom Davies
Broadway Business Association
Chairman
cc: City Council
Planning Dept. WBIlT"rlf:"~
Chamber of Commerce ("II III Eliill"'l
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GENERAL CONTRACTOR
CALlE LIe. # 512908
9471 Ridgehaven Ct., Suite D
San Diego, CA 92123
(619) 565.8312
April :30, 1991
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To The HOIlorable Frotelu ~i:ayor Leondrd. !;I[ooye
and C:ity Council of the City of Cllula Vista
At t8IIt. i LEI: J Ollfl (;'O::::';S
27G Fo~[th Avenue
Chula \!i:~td, CA 9'1910
Subiect: Reque:="t Fe.\! H~ar La:, ~LL,* 'T~'Li.rrl A,''''''' ui;-~, :~:llu a Vi""td
Gentll':;m(~n.
T1Ll:":, le!:,te~ L::,.::'< i"'q'.J\"_~:_~.t j_b,':~t I,be- wdl~ti""r rn~ntioned t,elow be placed on
\'>")L""E<:tdt to be bedtel by the Horlonlble Protem Mayor Moore and City Council
of Chula Vista. Please reference the real property owned by Cynthia
Williams located at 114 Third Avenue, Chula Vi:sta.
At the pre:sent time a serious hardship 15 placed upon Ms. Cynthia r:Cyndy)
Williams becau:se no further development is pO:3sible at her real property
due to a contradif.:::tion between the present R-3 Zoning Requirement:::; and the
R-l General Plan Requ irement:::.. Ms. Wi 11 iams understand::; that an
application for an amendment to the General Plan can be made. However, she
cannot afford the $ 2,500.00 fee for this processing', She is 0.1::;0
suffering a great loss in equity.
Her reque::;t L; that her fee be waived and Council review her appli~::atIon
for an Amendment to tile General Plan dlld/or thdt Counl~iJ.~ upon heari.ng thi:::.
reque~:;t, be~.:iYl the nece:ssary study uf thi:3 area, whic.,;h will allow
deve 1 oprlien t,
Ple.3:,se Iiutice M:-;;. r~lilliam~, as to the date dud time th.is matter wI11 De
heard at 420-8581, ddY~::, <Hubbard Engineering) or 691~7641, night:?
Thd(lk you foe your attention and \~ooperation,
Ver-y truly yours,
W~J..e..
~,~'~p~~
M:::.. 'Wanda Eaton, Vice Fre:3ident
c\;: Ms. Cynthia ;lilliam;
'Warren M. Hubb.:trd RCE 7193
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APR 3 0 1991
I
! CITY COUNCil OFFICES
CHUlA VISTA. CA
April 17,1991
Leonard M. Moore
Mayor pro Tempore
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
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Dear Mayor Moore:
It is with great concern that
petition, which has been signed by
affected, comes to you regarding
Point Robinhood neighborhood.
this letter and accompanying
100% of the residents directly
a major safety problem in the
In the immediate vicinity of the area highlighted on the enclosed
map, there live approximately 50 children under the age of 13.
These children, like any others, are very active and enjoy
walking, running, and riding bicycles and skateboards to transit
from one cul-de-sac to another.
While there is only one ingress and egress point for traffic from
this particular neighborhood, traffic has tended, over the past 2
years, to increase in speed along Point Barrow Drive and on the
blind transition curve from West Point Drive to Point Barrow
Drive.
Unfortunately, immediately adjacent to the blind transition curve
are two cul-de-sacs (Cavern Point Court and Point Hueneme Court)
where an enormous amount of pedestrian cross-traffic occurs. On
numerous occasions there have been extremely close calls where
vehicles entering the area at a rate of speed in excess of 35 MPH
have nearly struck children crossing the street between the two
cul-de-sacs.
Furthermore, vehicles exiting the area along Point Barrow Drive
commonly travel at an excessive rate of speed and have come close
to striking pedestrians crossing from one side of the street to
the other.
It is requested, therefore, that the City
speed bumps highlighted with yellow paint
locations as indicated on the enclosed map:
immediately install
at the following
(1) on the blind transition curve between West Point Drive
and Point Barrow Drive and,
(2) on Point Barrow Drive between Cavern Point Court and San
Pedro Point Court.
51'1-1
Mayor pro Tempore Moore
-2-
April 17, 1991
It is intended that (1) above limit the speed of the
North/Westbound traffic only, but caution should be exercised in
not making the speedbump too short, allowing vehicles to travel
around it to the left. Item (2) above is intended to limit the
speed of vehicles in both East and Westbound directions.
The City of San Diego is currently installing speedbumps in
residential areas (e.g. Westbrook Avenue, San Diego, CA 92139)
which limit the speed of traffic to a safe speed without
requiring the vehicles to make a complete stop to cross them.
Perhaps this type of application would be appropriate in our
situation, as the goal is to limit the speed of traffic in the
affected areas to approximately 10 MPH maximum.
I hope action can be taken on this request immediately to
preclude an accident from occurring which will most definitely
result in substantial injury to one or more of the area
residents.
Your attention to this is appreciated.
Sincerely,
~
Chula Vista, CA 91911
Enclosures: 1) Area map
2) Petition
SA'Z-
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C/J //'1
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114 Third Avenue
Chula Vl:=.ta, CA 91:~ilC'
Kay 13, 1991
To The Honorable Frotf~m N:a.Y'.Jr L(~I:JlldrJ.. Y"JtJr~
and City Council of Ul\:~ <:::-ity oJ Chula V:i.~.ta
Attention: John Goss
276 Four'tt Avenue
Chula Vista, CA 91910
Subject: Corltirl.uation of Hearin:s ~ 114 Tltir-d Avenuel Chula Vi~3td
Gentlemen:
This letter lE to th,":1nk you for h!~ar.ing the matter ''::;1l1lcernirl8 the zoning of
my property. I apT>recia-te the promptne':;,:sin which thi:::, WdS placed on
Calendar. I e:=.peciall y a.ppre1":; iatel:he i ntere:st and corv:ern expresssed and
the fact that Council asked Staff to return by May 21. 1991 with a
reconunendation and re:301ution to the problem.
1 look forward to this meeting- Please notice me if tbere aTe any changes.
Sincerel y ~
Cynthia Williams
cc: ~warren ft. Hubbard i\'CE 719:3
Ms. Wanda Ea.ton, Eaton Development
To MY NEI4J113~R LII/tI~ ()JAI#Efl~
Tf/!; !-lEAR/lit, DArE liftS 8E^EN /l1tJvEP TIJ JuNE 1./1 /99/.
T URqE ~LL PI(IJ/'Eli'TY o!J,</e;e5 70 I'fTTe/O,
Sl/OULO 'too HI4.vE t'QUEST7iU/$ / ,r:/LE4SE P#DN'E II-IE
1fT 420- gSBI (DAY) oR 69/- 7~4/ (Nlql-ir) /FyN.)
H/li/E Nor SIG,N€P TJlG PeTIT/oAl To IN'! riA no n../iF Cfll4ty'l$e
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GENERAL CONTRACTOR
CALlE LIC. #512908
9471 Ridgehaven Ct., Suite D
San Diego, CA 92123
(619) 565-8312
April 30, 1991
To The Honorable Frotem Mayot- :..em'wld i'ioore
and City Council of the City af I:tlula Vi~~td
Attention: John I]USS
276 Fourth Avenue
Chula Vi:::;ta, CA 91910
Subject: Request For Hf-'al Lll('~
;', :\'l~,j ,~,:i-:'t:ll"", \~l:u:,':l V!:,--,l.d
Gentlemen:
This lett~r is d r~q~~~,1
calendar to be heard by
of Chula Vista. Please
Williams located "t 114
i, b,:l t, '~lP !::r. I, i>:'! m8 n t i or:ed be 1 ow be placed on
tl1e Hunor"able Protem Mayor Moore and City Council
reference the real property owned by Cynthia
Third Avenue, Chula Vista.
At the present time a serious hal-dship ii; placed upon Ms. Cynthia (Cyndy)
Williams because no further development is possible at her real property
due to a contradiction between the present R-3 Zoning Requirement::. and the
R-l General Plan Requirements. Ms. \Jilliam:~ understand:; that an
application for an amendment to the General Flan can be made. However, she
cannot afford the $ 2,500.00 fee fur this processing. She is also
suffering a great loss in equity,
reque:::;t, l)e:.:~il'~ th~ !le''':;8:-:.:,::!,:;.I"'y ,cotull'l
deve 1 opr1l8 ["1 t.
t l: l :-:' ,'i:'t-~~,
review her apF,lication
Counei 1., upon hear ing t.:'li:::.
wl\il~h will allow
Her reque:st i:::; that her fee 'ue wa.ived and Council
for an Amendment to the Genera.l ?ldll bJid/u!" that
Plec::se notice K::;_ 'w'i.lli,jm::', b:'::J '1';-" '_klte bred ttmlC;' lhi'::; I1ldLLer will bt~
hea,rd at 420-3501, dil.Y:~, \Hubbal\~ ine<:~ring) or' 691--7641, rli3ht:':..
Thank you far your attentiofl and o'Jpel'ation,
Very truly your:3,
W~rA<-
~ I "-i~ PjU-<'~
Ms. \Janda Eaton, Vice F're~::;id~nt.
cc: Ms. Cynthia Vi 11 iam:3
Warren M. Hubbarl! Ref 7193
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PETITION TO CONSTRUCT SPEED BUMP IN POINT ROBINHOOD
THIS PETITION IS SUBMITTED IN ORDER TO PERSUADE THE CITY OF CHULA
VIS'~A TO CONSTRUCT TWO SPEED BUMPS TO SLOW LOCAL TRAFFIC NEAR A
BLIND TRANSITIONAL CURVE BETWEEN WEST POINT AND PT BARROW IN
POINT ROBINHOOD.
N A M E
ADD RES S
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PETITION TO CONSTRUCT SPEED BUMP IN POINT ROBINHOOD
THIS PETITION IS SUBMITTED IN ORDER TO PERSUADE THE CITY OF CHULA
VISTA TO CONSTRUCT TWO SPEED BUMPS TO SLOW LOCAL TRAFFIC NEAR A
BLIND TRANSITIONAL CURVE BETWEEN WEST POINT AND PT BARROW IN
POINT ROBINHOOD.
N A MEA D D RES S
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PETITION TO CONSTRUCT SPEED BUMP IN POINT ROBINHOOD
THIS PETITION IS SUBMITTED IN ORDER TO PERSUADE THE CITY OF CHULA
VISTA TO CONSTRUCT TWO SPEED BUMPS TO SLOW LOCAL TRAFFIC NEAR A
BLIND TRANSITIONAL CURVE BETWEEN WEST POINT AND PT BARROW IN
POINT ROBINHOOD.
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Sri..'
ORDINANCE NO. 21/-1/'7
SECOND READING AND ADOPTION
AN ORDINANCE OF THE CITY OF CHULA VISTA
ADDING CHAPTER 2.40 TO THE CHULA VISTA
MUNICIPAL CODE RELATING TO CREATION OF
THE GROWTH MANAGEMENT OVERSIGHT
COMMISSION
The City Council of the City of Chula Vista does ordain as follows:
Section 1. That Chapter 2.40 is added to the Chula Vista Municipal Code to read as
follows:
Chapter 2.40
GROWTH MANAGEMENT OVERSIGID COMMISSION
Section 2.40.010 Creation.
There is hereby created a Growth Management Oversight Commission (Commission).
Section 2.040.020 Purpose and Intent
It is the purpose and intent of the City Council in establishing the Commission is to
create an advisory body to provide an independent annual review of the effectiveness of
the General Plan regarding development issues. The Commission should use the
threshold criteria to make determinations regarding the impact of development on the
"quality of life" in Chula Vista, publish findings and make recommendations thereon.
Section 2.40.030 Functions and Duties
The functions and duties of the Commission shall be as follows:
A. Consider the quality of life threshold standards set forth in the Growth Management
Plan (and, when adopted, in the new Growth Management Ordinance) an and make
determinations, or recommendations, as appropriate, regarding the following:
1. Whether the thresholds have been complied with, on both a project and cumulative
basis;
GMOCORD.DOC Creating Grwth Mgmt Commission
3/21/9IPage I
'-I
2. Whether each threshold is appropriate for its goal;
3. Whether any new threshold should be adopted for any issue;
4. Whether any new issues should added to, or deleted from the thresholds analysis
group;
5. Whether the City has been using fees and funds derived from developers for the
intended purpose;
6. Whether enforcement is being achieved.
B. Annually, on or before June 30, make and publish its fmdings and
recommendations, including those for imposition of a moratorium, or formal
"Statements of Concern" regarding water, sewer, schools, and air quality thresholds.
C. The Commission's annual report shall be forwarded for City Council in a timely
manner through the Planning Commission, and, as to those thresholds affecting the
Montgomery area, the Montgomery Planning Committee.
D. Annually review implementation of the Growth Management Element of the
General Plan and the Growth Management Program. Such review shall include the
adequacy of master facility plans to account for the effective use of public facilities
required by future growth in connection with the planning and phasing of development
projects.
Section 2.40.040 Membership.
A. Number of Members.
The Commission shall consist of nine (9) Voting Members, a Staff Ex-officio
Member and up to three (3) General Ex- officio Members.
B. Designation of Members.
1. Voting Members.
The Voting Members shall be appointed by the City Council from the qualified
electors of the City, one (1) each of whom shall be appointed from a classification
consisting of residents of the four residential general plan areas (Central City,
Montgomery/Otay, Sweetwater/Bonita, and the Eastern Territories) and who shall, at
the time of their appointment reside in their respective area; one (I) each representing,
respectively, local educational, development, environmental, and business interests and
who shall, throughout their term, maintain their residency and elector status; and one
(I) of whom shall be a member of the Planning Commission.
GMOCORD.DOC Creating Grwth Mgmt Commission
3/21/9IPage 2
~-2-
.
2. Staff Ex-officio Member.
The City Manager or his/her designate representative shall be an ex-officio
member of the commission, who shall not be required to be a qualified elector of the
City, but who shall have no vote ("Staff Ex-officio Member").
3. General Ex-Officio Members.
The City Council, or its designee, may appoint not greater than three (3)
additional ex-officio members of the Commission, who shall not be required to be
qualified elector(s) of the City, but any such appointed ex-officio members shall have
no vote ("General Ex-Officio Member").
Section 2.30.050 Term of Office.
A. Term of Office--All Classes of Members.
1. Post-Initial Terms.
Except as otherwise provided in this Subsection A, the term of office of all
members, and all classes of members, of said Commission shall be for a nominal
period of four (4) years, and shall terminate on June 30th of the fourth year of their
term, unless they shall otherwise sooner resign, die, become disqualified or
incompetent to hold Office.
2. Initial Terms of Voting Members.
Notwithstanding subsection A.!., the Initial Terms shall commence upon
appointment and shall conclude, for two (2) Voting Members on June 30, 1992; for
two (2) Voting Members on June 30, 1993; for two (2) Voting Member members on
June 30, 1994; and for two (2) Voting Members on June 30, 1995, unless they shall
otherwise sooner resign, die, become disqualified or incompetent to hold Office. The
Planning Commission position shall have no set term; the Planning Commission has the
discretion to change its representative annually, except that no individual member may
serve more than four (4) consecutive years.
a. Assignment to Initial Terms by Lot.
GMOCORn nf'\r" r".eating Grwth Mgmt Commission
3/2lf91Page 3
b-~
.
Voting Members shall be assigned to Initial Terms by lot at the first
regular meeting at which all Voting Members are present, but in any event not later
than the third month after initial appointment of the 9th Voting Member.
3. General Ex-officio Member.
The term of General Ex-officio members shall be for a period of four years
from the time of appointment.
4. Staff Ex-officio Member.
The term of the Staff Ex-officio Member shall be indefmite.
5. Holdover Office.
Notwithstanding the end of any Member's Initial Term or Post-initial Term as
herein provided, a Member, other than the Staff Ex-officio Member, shall be permitted
to continue to exercise the privileges of his former Office after the end of his term until
the Office to which he was assigned is mled by his re-appointment or by the
appointment of a qualified successor to his Office.
6. Vacancies.
Notwithstanding the term of Office to which a Member is assigned, said Office
shall be deemed vacant upon any of the following events ("Event of Vacancy"):
a. The death or disability of said Member that renders said Member
incapable of performing the duties of his Office.
b. The termination of his status as Member of the Commission or the
classification he was assigned to represent on the Commission.
c. The member's conviction of a felony or crime involving moral
turpitude.
d. The member's absence from three (3) regular, consecutive meetings
of the Commission, unless excused by majority vote of such board or commission
expressed in its official minutes.
GMOCORD.DOC Creating Grwth Mgmt Commission
3/2 119 lPage 4
" -if
e. The member's has submitted his resignation which resignation has
been accepted by the City Council.
Council.
f. The membership has been terminated by a majority vote of the City
Upon the occurrence of an Event of Vacancy as hereinabove listed, the City Council
shall so declare the Office to be vacant, and shall expeditiously take such steps as are
necessary to fill said vacancy.
B. Number of Terms.
1. Voting Members.
a. No Voting Member shall be appointed to more than two (2) terms
except as herein provided.
b. A Voting Member assigned to an Initial Term of less than two (2)
years may be appointed at the natural expiration of their Initial Term to two (2) terms
in addition to their Initial Term. A Voting Member who currently occupies an Office
under an Initial Term may not be appointed to fill the Unexpired Term of another
Office which has become vacant.
c. A Voting Member appointed to the Commission to fill the unexpired
term of an Office of a Voting Member which has become vacant ("Unexpired Term")
which has less than two (2) years remaining on said Unexpired Term, may be
appointed to two (2) terms in addition to their Unexpired Term. A Voting Member
who currently occupies an Office may not be re- appointed to fill the Unexpired Term
of another Office which has become vacant.
d. Any member may be re-appointed after two (2) successive years of
not serving on the Commission in any Office or Membership capacity--Voting, General
Ex-officio or Staff Ex-officio.
2.General Ex-officio Members.
GMOCORD.DOC Creating Grwth Mgmt Commission
3/21/91Page 5
'-5
A. General Ex-officio member may be reappointed without limitation as to
number of terms.
3. Staff Ex-officio Member.
The Staff Ex-officio member shall serve at the pleasure of the City Council.
Section 2.40.060 Operation of Commission.
A. Time of Meetings.
1. "Organizational Meeting". Among such other meetings as the Commission
may desire to have, the Commission shall meet not later than in the first week of
January each year ("Organizational Meeting"), and thereupon shall do the following:
a. Select a Chairperson and a Vice Chairperson from among its Voting
Members to serve for a period of one (I) year.
b. Assign such duties to its members as it determines may be necessary.
c. Deliberate upon agenda issues for further deliberation and discussion
by the Commission.
2. Other Meetings. The Commission shall meet at such other times as it shall
establish by majority vote, or at such time as the Chairperson thereof may call, or at
such times as a majority of the members thereof may call a meeting.
B. Place of Meetings.
Unless the Commission shall otherwise establish another regular place for its
meetings and advise the City Clerk accordingly, the Commission shall meet in the
Council Conference Room in the Administrative Building at the City Hall Complex
located at 276 Fourth Avenue, Chula Vista, or at such other place as may be posted
upon the door of said Conference Room at least thirty (30) minutes in advance of the
Meeting.
GMOCORD.DOC Creating Grwth Mgmt Commission
3/21/9IPage 6
~-'"
.
C. Conduct of Meetings.
The meetings of the Commission, and notice thereof, shall be governed by the
same rules and regulations by which the City Council is bound in the conduct of public
meetings.
D. Quorum.
Five Voting Members shall constitute a quorum for the transaction of business.
E. Resolutions.
The affIrmative vote of a majority of the entire membership shall be required
for the passage of any resolution of the Commission.
F. Reports and Recommendations.
All reports and recommendations shall be made in writing.
G. Staff Support.
All officers and department heads shall cooperate with and render reasonable
assistance to the Commission. The City Manager may make available staff and clerical
support to the Commission to fulml its functions and duties, provided such staff and
clerical support is available.
H. Rules and Regulations.
The Commission may make such rules and regulations not inconsistent with the
provisions of this Chapter.
Section 2: This ordinance shall take effect and be in full force on the thirtieth day from
and after its adoption.
Approved as to form by:
Presented by:
Robert A. Leiter
Bruce M. Boogaard,
City Attorney
GMOCORD.DOC Creating Grwth Mgmt Commission
3/21191Page 7
(-7
>\\o~ ';/
S) ~Q~DINANCE NO. 21/5 "T'
~~
~~CE OF THE CITY COUNCIL OF THE CITY OF
~~LA VISTA AMENDING CHAPTER 9.20 TO
GO~VPRIMARILY TO PRECLUDE SALE OR POSSESSION OF
S~ FELT TIP MARKERS BY MINORS, AND TO CHANGE THE
DESIGNATION OF GRAFFITI-TYPE CRIMES FROM
INFRACTIONS TO EITHER INFRACTIONS OR
MISDEMEANORS.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DOES HEREBY ORDAIN AS FOLLOWS:
section 1. section 9.20.020 "Definitions" of Chapter 9.20
"Property Defacement" is hereby amended to read as follows:
"9.20.020 Definitions.
A. "Deface", as used in this Chapter, means the
intentional altering by physical, mechanical or chemical
means of the physical shape, dimension, contour or
appearance of property. (Ord. 1924, Sec. 1 (part), 1980).
B. "Aerosol caint container" means any aerosol
container. reqardless of the material from which it made.
which is adapted or made for the purcose of sprarinq caint
or other substance cacable of defacinq procerty. lOrd.
. Sec. 1. 1991)
C.
similar
qreater
that is
"Felt Tic marker" means any indelible marker or
implement with a tic which. at its broadest coint is
than one-eiqhth 11/8th)2 inch. containinq an ink
not water-soluble. lOrd. . Sec. 1. 1991)
section 2. section 9.20.040 of Chapter 9.20 of the Chula
vista Municipal Code is hereby amended to read as follows:
"Sec. 9.20.040 Prohibition of sale, possession, display for
curcoses of sale, and storage of aerosol
caint containers spray paiRt caRS.
In eraeF te opeeifieally inhiBit the a7ailaeility af
the mechanical ana chemical de~iee mect frC~ucRtly uoca to
effce~ the acf~eemeR~ prehisitca is thio ehapter, i.e., the
1. Adapted from R & T Code Section 7287.
2. Note that National City's ordinance uses "four millimeters".
grafJ . wp
April 18, 1991
Amendment to Grafitti Ordinance
Page 1
?.. (
aerssal opray paint eaR, it io HRlawfal:3
A. Sale or Furnishina to Minors. It shall be unlawful
!For any person. other than a parent or leqal quardian.' to
sell, exchange, give~ &p-loan. or otherwise furnish, or
cause or permit to be sold, exchanged, given~-&E loaned.or
otherwise furnished.s any aerosol paint container spray oaR
6eRtaiRiR~ any sabotaRee ealnlfteRly ]tReT....+R as paiRt , 6 to any
person miRer under the age of eighteen years without the
consent of the parent or other lawfullv desiqnated custodian
of the person. which consent shall be qiven in person.
uRlcss that peroaR pre~iaes fer ~Be saper.isiaR af the
miRsr10 use of sash acresel spray eaR se as te assare th~t
the miRer dace not ~ielate aRY see~iaR af thio ehapter7T-
B. Possession. Gasjcet te the pre.iBieRs ef
BusscotieR A asevc, It shall be unlawful for any person
under the age of eighteen years to have in his or her
possession any aerosol paint container Bpray eaR oeRtaiRiRg
aRY sasotaRee oOlllllleRly J[Re\iR as paiRt while upon public
property or upon private property without the consent of the
owner of such private property whose consent shall be as to
the person's presence while in the possession with a aerosol
paint container, ,:hether sueh miRer io er is Rot iR er OR an
autemalaile ar ethe.r ferft af eeRT:e.yaRee.8t1
section 3. A new section, to be numbered section 9.20.045,
is hereby added to Chapter 9.20 "Property Defacement", which
section shall read as follows:
"9.20.045. Prohibition of sale. possession and display of
3. This language is deemed to be gratuitous indications of
intent, and are recommended for deletion.
4. This language is added to avoid making it a crime for a
parent to give a minor spray paint or felt tip markers.
5. This "furnish" language is offered to create a parallel with
the felt tip marker language.
6. This is deleted because we have incorporated the state law
definition of spray paint. See Revenue and Taxation Code section
7287 (b).
7. This section is proposed for removal as vague and operates as
a possible "loophole."
8. This language is proposed for removal as inclusive of the
universe of possibilities.
graf3 . wp
April 18, 1991
Amendment to Grafitti Ordinance
Page 2
7-J--.
felt tip markers.
A. Sale or Furnishinq To Minors. It shall be unlawful
for any person. other than a parent or other leqal quardian.
to sell. exchanqe. qive. loan. or other furnish. or cause or
permit to be sold. exchanqed. qiven. loaned. or otherwise
furnished. anY felt tip marker to anY person under the aqe
of eiqhteen years without the consent of the parent or other
lawfully desiqnated custodian of the person. which consent
shall be qiven in person.
B. Possession bv Minors. It shall be unlawful for any
person under the aqe of eiqhteen years to have in his or her
possession any felt tip marker while upon public property or
upon private property without the consent of the owner of
such private property. except while attendinq. or travellinq
to or from a school at which the person is enrolled. if the
person is participatinq in a class at said school which has.
as a written requirement of said class. the need to use felt
tip markers.
section 3. section 9.20.050 "Penalties for violation of
chapter." is hereby amended to read as follows:
"9.20.050. Penalties for violation of chapter.
A. Criminal Penalties. Any and all violations of this
chapter shall be punishable either as an infractions or a
misdemeanor. at the discretion of the city Attornev. In
addition to said penalty provided for the violation of a
section of this chapter, a violator shall be required to pay
for the costs for repairing any dama~es to property caused
by that violator's unlawful conduct. It is further
understood that financial parental responsibility for any
acts of vandalism shall be strictly enforced.
Bruce M. Boogaar ,
City Attorney
Sid Morris,
Deputy city Manager
tttOf
Presented by.:
9. This language is similar to Penal Code section 594 for
grafitti vandalism. Damages for illegal sale or possession are
not expected to be significant.
graf3.wp
April 18, 1991
Amendment to Grafitti Ordinance
Page 3
7.3
Revised 4/24/91
ORDINANCE NO. 2451
SECOND READING AND ADOPTION
AN ORDINANCE OF THE CITY OF CHULA VISTA ADDING
CHAPTER 2.31 AND AMENDING VARIOUS SECTIONS OF
CHAPTER 9.50 OF THE CHULA VISTA MUNICIPAL CODE
RELATING TO MOBILEHOME PARKS AND CREATION OF
THE MOBILEHOME RENT REVIEW COMMISSION
The City Council of the City of Chula vista does ordain as
follows:
SECTION I. That Chapter 2.31 is added to the Chula vista
Municipal Code to read as follows:
Chapter 2.31 MOBILEHOME RENT REVIEW COMMISSION
section 2.31.010 Creation.
There is hereby created a Mobilehome Rent Review Commission.
section 2.31.020 Purpose and Intent
It is the purpose and intent of the City Council in
establishing the Commission is to create an advisory body to
provide an independent review of the disputes over rent increases
in mobilehome parks within the City of Chula vista under Chapter
9.50.
section 2.31.030 Functions and Duties
The functions and duties of the Commission shall be as
follows:
A. Pursuant to Chapter 9.50, act as the "due process" unbiased
decisionmaker regarding mobilehome park rent disputes.
B. Adopt rules and regulations to procedurally administer hearings
under Chapter 9.50 to determine whether the park owner I s rent
increase in excess of the applicable cost of living increase is a
fair return on the park owner's property.
C. Consult with and provide advice to the city Council and citv
Manaqer on matters relatinq to mobilehome parks.
section 2.31.040 Membership.
A. Number of Members.
The Commission shall consist of up to five (5) Voting Members
which actual amount shall be designated by written resolution of
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Council, a staff Ex-officio Member and two (2) General Ex-officio
Members.
B. Designation of Members.
1. voting Members.
The Voting Members shall be appointed by the City Council from
the qualified electors of the City in accordance with section 600
et seq. of the Charter. No member shall own or be a tenant in a
mobilehome park.
2. Staff Ex-officio Member.
The city Manager or his/her designate representative shall be
an ex-officio member of the commission, who shall not be required
to be a qualified elector of the city, but who shall have no vote
("Staff Ex-officio Member").
3. General Ex-Officio Members.
The city Council, or its designee, may appoint not greater
than three (3) additional ex-officio members of the commission, who
shall not be required to be qualified elector(s) of the City, but
any such appointed ex-officio members shall have no vote ("General
Ex-Officio Member"). The Council shall appoint one ex-officio
member who shall be a tenant in a mobilehome park within the citv
at the time of appointment and throuqhout the member's term. The
Council shall also appoint one ex-officio member who shall be an
owner of a mobilehome park at the time of appointment and
throuqhout the member's term.
section 2.31.050 Term of Office.
A. Term of Office--AII Classes of Members.
1. Post-Initial Terms.
Except as otherwise provided in this Subsection A, the term of
office of all members, and all classes of members, of said
Commission shall be for a nominal period of four (4) years, and
shall terminate on June 30th of the fourth year of their term,
unless they shall otherwise sooner resign, die, become disqualified
or incompetent to hold Office.
2. Initial Terms of Voting Members.
Notwi thstanding subsection A. 1., the Initial Terms shall
commence upon appointment and shall conclude, for one (1) Voting
Member on June 30, 1992; for two (2) Voting Members on June 30,
1993; for two (2) Voting Member members on June 30, 1994; and for
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two (2) Voting Members on June 30, 1995, unless they shall
otherwise sooner resign, die, become disqualified or incompetent to
hold Office.
a. Assignment to Initial Terms by Lot.
Voting Members shall be assigned to Initial Terms by lot
at the first regular meeting at which all voting Members are
present, but in any event not later than the third month after
initial appointment of the 7th Voting Member.
3. General Ex-officio Member.
The term of General Ex-officio members shall be for a period
of four years from the time of appointment.
4. Staff Ex-officio Member.
The term of the Staff Ex-officio Member shall be indefinite.
5. Holdover Office.
Notwithstanding the end of any Member's Initial Term or Post-
initial Term as herein provided, a Member, other than the Staff Ex-
officio Member, shall be permitted to continue to exercise the
privileges of the former Office after the end of the term until the
Office to which he or she was assigned is filled by re-appointment
or by the appointment of a qualified successor to Office.
6. Vacancies.
Notwithstanding the term of Office to which a Member is
assigned, said Office shall be deemed vacant upon any of the
following events ("Event of Vacancy"):
a. The death or disability of said Member that renders
said Member incapable of performing the duties of Office.
b. The termination of status as Member of the Commission
or the classification which was assigned to be represented on the
commission.
c. The member's conviction of a felony or crime
involving moral turpitude.
d. The member's absence from three (3)
consecutive meetings of the Commission, unless excused by
vote of such board or commission expressed in its official
regular,
majority
minutes.
e. The member has submitted a resignation which
resignation has been accepted by the City Council.
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f. The membership has been terminated by a majority vote
of the City council.
Upon the occurrence of an Event of Vacancy as hereinabove listed,
the city Council shall so declare the Office to be vacant, and
shall expeditiously take such steps as are necessary to fill said
vacancy.
B. Number of Terms.
1. Voting Members.
a. No voting Member shall be appointed to more than two
(2) terms except as herein provided.
b. A Voting Member assigned to an Initial Term of less
than two (2) years may be appointed at the natural expiration of
their Initial Term to two (2) terms in addition to their Initial
Term. A voting Member who currently occupies an Office under an
Initial Term may not be appointed to fill the Unexpired Term of
another Office which has become vacant.
c. A Voting Member appointed to the commission to fill
the unexpired term of an Office of a Voting Member which has become
vacant ("Unexpired Term") which has less than two (2) years
remaining on said Unexpired Term, may be appointed to two (2) terms
in addition to their unexpired Term. A Voting Member who currently
occupies an Office may not be re-appointed to fill the Unexpired
Term of another Office which has become vacant.
successive
Membership
officio.
d. Any member may be re-appointed after two (2)
years of not serving on the Commission in any Office or
capacity--Voting, General Ex-officio or Staff Ex-
2. General Ex-officio Members.
General Ex-officio member may be reappointed without
limitation as to number of terms.
3. Staff Ex-officio Member.
The Staff Ex-officio member shall serve at the pleasure of the
city Council.
section 2.31.060 operation of Commission.
A. Time of Meetings.
1. "Organizational Meeting". Among such other meetings as
the commission may desire to have, the Commission shall meet not
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later than in the first week of July each year ("Organizational
Meeting"), and thereupon shall do the following:
a. Select a Chairperson and a Vice Chairperson from
among its voting Members to serve for a period of one (1) year.
b. Assign such duties to its members as it determines
may be necessary.
c. Deliberate upon agenda issues for further
deliberation and discussion by the Commission.
2. Other Meetings. The Commission shall meet at such other
times as it shall establish by majority vote, or at such time as
the Chairperson thereof may call, or at such times as a majority of
the members thereof may call a meeting.
B. Place of Meetings.
Unless the Commission shall otherwise establish another
regular place for its meetings and advise the City Clerk
accordingly, the Commission shall meet in the Council Conference
Room in the Administrative Building at the city Hall Complex
located at 276 Fourth Avenue, Chula Vista, or at such other place
as may be posted upon the door of said Conference Room at least
thirty (30) minutes in advance of the Meeting.
C. Conduct of Meetings.
The meetings of the commission, and notice thereof, shall be
governed by the same rules and regulations by which the City
council is bound in the conduct of public meetings.
D. Quorum.
Four Voting Members shall constitute a quorum for the
transaction of business.
E. Resolutions.
The affirmative vote of
shall be required for the
Commission.
a majority of the entire membership
passage of any resolution of the
F. Reports and Recommendations.
All reports and recommendations shall be made in writing.
G. Staff support.
All officers and department heads shall cooperate with and
render reasonable assistance to the Commission. The City Manager
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may make available staff and clerical support to the Commission to
fulfill its functions and duties, provided such staff and clerical
support is available.
H. Rules and Regulations.
The Commission may make such rules and regulations not
inconsistent with the provisions of this Chapter.
SECTION II: The title of Chapter 9.50 is amended to read
MOBILEHOME PARK SPACE-RENT REVIEW l\RBI'l'W.'l'ION .
SECTION III: section 9.50.010 of the Chula vista Municipal
Code is amend to read:
section 9.50.010 Applicability.
This chapter shall apply to a mobilehome that requires a permit
to be moved on a street or highway.
The procedures contained in this chapter are intended to provide
a mechanism for the resolution of disputed increases in rents by
making it advantageous for mobilehomes owners and mobilehome park
owners to establish a better understanding for each other's
positions which will result in agreement on the amount of rent to
be charged. A binding arbitration provision is provided for. The
procedures of the ordinance are established with the intent that
they be accomplished in a timely fashion. The participating
parties shall commit to the goal of completing the arbitration
process within sixty (60) days of the serving of the notice of rent
increase. and that the entire dispute resolution process be
completed within one hundred-twenty (120) days followina receipt of
the notice of space rent increase. This chapter shall not apply to
leases exempted bY civil Code section 798.17 ("Green Bill" leases).
SECTION IV: That section 9.50.030 of the Chula vista
Municipal Code is amended to read:
9.50.030 Definitions.
Words used in this chapter shall have the meaning described to
them in this section:
A.h "Space rent" means the consideration, including any bonus,
benefits, or gratuity demanded or received in connection with the
use and occupancy of the mobilehome space in a mobilehome park, or
for the transfer of the lease for parkspace, services,
owner-provided utilities, and amenities, subletting and security
deposits, but exclusive of any amounts paid for the use of the
mobilehome dwelling or of major capital improvement or other
allowable pass-throughs as defined in this ordinance.
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Bh "Mobilehome" means a mobilehome as defined in the California
Mobilehome Home Residency Law.
C-3-.- "Mobilehome park owner" or "Owner" means the owner, lessor,
operator, manager of a mobilehome park within the purview of this
ordinance.
D4-.- "Mobilehome
entitled to occupy
ownership thereof.
resident"--ef. or "resident" means
a mobilehome dwelling unit by
any person
virtue of
E-5-.- "Dispute" or "controversy" means a disagreement or difference
which is subject to the arbitration process.
F6.- "Consumer price index" or "CPI" shall mean the all urban
consumers/all items component of the San Diego Metropolitan Area U
(broader base) consumer price index.
G'7-.- "Major Capital Improvement Pass-Through" means a separately
identified monthly charge to residents which represents the
repayment of a cost for a major capital improvement with the
following characteristics:
1a-.-
$10,000.
Said improvement shall have a cost of more than
2-b. Said improvement shall be exclusive of maintenance or
replacement of existing facilities.
3e. Said improvement shall have been approved in concept by
more than fifty percent (50%) of the mobilehome spaces within the
mobilehome park after all spaces in the park have been informed of
the nature, general design, timing, and overall cost of said
improvement, and the amount and duration of the related
pass-through.
H. "Other Allowable Pass-Throuqhs" means separately billed utility
service fees and charqes excluded from rent in accordance with the
provisions of civil Code section 798.41: increases in rates of
owner-provided utilities: and qovernmental assessments such as
real propertv taxes. license fees. and assessments for municipal
services or improvements . Copies of bills. invoices. or other
appropriate supportinq documentation shall be kept on file in the
park owner's on-site business office. and made available for review
bY affected residents upon reasonable request at any time durinq
normal business hours.
SECTION V: That Section 9.50.050 of the Chula vista Municipal
Code is amended to read:
Section 9.50.050 Owner Meetings and possible Voluntary
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Negotiations.
within five days, but not more than 10 days, after service of
a notice of increase as provided in section 9.50.065, the park
owner must hold an informal meeting for the benefit of the affected
residents to discuss his or her increase. It is hoped that such a
meeting may lead to voluntary settlement of the dispute. The
meeting should be set for a time and date believed to be convenient
for residents and may be changed to a different date based on the
reasonable request of the residents.
The residents shall have the option to choose whether or not
to attend the meeting. Attendance at the meeting shall not affect
the residents' right to arbitrate under section 9.50.070 of thio
Chapter.
SECTION VI: That section 9.50.065 of the Chula vista
Municipal Code is amended to read:
Sec. 9.50.065 Notice of rent increase.
A. In any situation where a mobilehome park owner wishes to
increase the space rent above the applicable CPI, he or she must
first give notice to affected residents. at the same time the sixty
(60) day notice required bY civil Code section 798.30 is qiven. as
follows:
NOTICE - RENT INCREASE IN EXCESS OF cpr
IF YOU DO NOT TAKE ACTION TO ARBITRATE WITHIN THIRTY DAYS, THIS
INCREASE SHALL BE AUTOMATICALLY EFFECTIVE
This is a notice of space rent increase which exceeds the
percentaqe increase currcRt aRRual ratc of the Consumer Price
Index (CPI) for the most recent twelve (12) month period. as
reported bY the Bureau of Labor statistics. precedinq this notice
~ The CPI is % and this increase is % of your current rent.
Under the city's Municipal Code, you are entitled to the following
rights:
1. 'Po this eRa, I am required to hold a meeting with the
affected residents to discuss the reasons for the increase. The
meeting will be at (time and place). You are encouraged to attend
but are not required to do so. Under the City'S ordinance, owners
and residents are encouraged to attempt to resolve differences
regarding this increase.
2. You have the right to file for arbitration with the City'S
community Development Department. You may file for arbitration
whether or not you attend the meeting to discuss the increase. To
file for arbitration, you must place a deposit of $ with the City's
community Development Department within thirty days of the date
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this notice is served on you. If you do not place the deposit, you
forfeit your right to arbitrate the rent increase.
If you or other affected residents are lower-income (below
$13,000-$15,000 per year), you may be eligible to receive
assistance with part of the cost of arbitration from the city's
community Development Department. If you have questions regarding
arbitration or need more information, you can call the City at
691-5047.
This increase is in addition to the followina allowable
pass-throuahs: r identifv tvpe and amount of maior capitol
improvement or other allowable pass-throuahl
The following space numbers are subject to this increase: rinsert
numbers of affected spacesl
Bh If the residents within the affected mobilehome park have
established a representative body and notify the owner in writing
of its existence, a copy of the rent increase notice must be sent
to the chairperson of that body.
C~ A copy of the rent increase notice must be given to the
community Development Department of the City of Chula vista at the
same time as least 15 days prier te issuance of the notice to the
residents. etaff .:ill provide eepica to the Uelsileaellle Iaauca
Celftlllittcc.
D~ The rent increase notice must contain the space numbers of all
residents who are subject to the increase which is above the amount
of the applicable CPl.
E~ The notice shall advise recipients that a deposit of 25% of the
estimated cost of arbitration shall be made within thirty (30) days
of the date of service of notice or the right to arbitration is
waived. The deposit shall be made with the Director of Community
Development.
SECTION VII: That section 9.50.070 of the Chula vista
Municipal Code is amended to read:
section 9.50.070 Initiation of space rent review arlsitratioR.
A. In any situation where the space rent percentaae increases in
a twelve month period exceed cumulatively the percentaae increase
of the consumer price index as dcfiRed hereiR fer tac year ,as
reported bv the Bureau of Labor statistics for the most recent
twelve (12) month period preceding the rent increase notice, the
following procedures shall apply unless the owner receives written
consent to the increase from more than 50% of the spaces affected
by the notice of increase. The owner must file the original of the
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written consent with the Community Development
notify the residents that this has been filed.
Department and
~~ Residents shall be required within thirty days of the date of
service of the notice of increase to deposit with the city
Community Development Department 25% of the estimated arbitration
cost for one day of arbitration. Arbitration shall begin in not
less than 20 days nor more than 30 days after the date of service
of the notice of increase, provided the residents' deposit has been
made.
~~ Upon receipt of the residents' deposit and notification to the
park owner, the park owner shall have 7 days to provide a deposit
which shall be equal to 75% of the estimated cost for one day of
arbitration. The park owner shall siqn an appropriate document
submittinq the dispute to arbitration when makinq the deposit.
.!2.....-3--.- The cost of arbitration including costs incurred by the
American Arbitration Association in cases where a settlement is
reached prior to any hearing will be shared. The owner shall be
responsible for 75% and the residents responsible for 25% of the
first $750. Any costs of arbitration above $750 shall be shared
equally by both parties. Additional costs above the amount of
deposit shall be due and payable subject to the requirements of the
American Arbitration Association.
~4T The arbitration shall be conducted according to the applicable
rules of arbitration of the American Arbitration Association and
under the auspices of the American Arbitration Association.
~5T The decision of the arbitrator shall be BiRaiR~ advisory to
the Mobilehome Rent Commission and shall be applicable to all
mobilehome residents subject to the rent increase being reviewed
arbitrateS.. Factors to be considered shall include but not be
limited to a just and reasonable return on the owner's property.
The burden of proof shall be on the park owner to demonstrate that
the rent increase is necessary to provide a just and reasonable
return on the property. The arbitrator's decision shall be
submitted to the Mobilehome Rent Commission within thirty (30) days
from the beqinninq of arbitration.
~~ The arbitrator's decision shall be submitted to the city's
Mobilehome Rent Commission CouRcil.. which shall affirm. modifv. or
revoke the arbitrator's decision at a public hearinq held within
sixtv(60) days followinq such submission. The parties may stipulate
to mere Iv a review of the record at arbitration. or either side may
request a "de novo" hearinq bv the Commission. If a de novo
hearinq is requested. it shall be conducted in accordance with
procedures adopted bv the commission which satisfY the requirements
of "due process" and will constitute a hearinq at which evidence is
required bv law. so that the Commission's decision is reviewable bv
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the courts bv a writ of administrative mandamus pursuant to Code of
civil Procedure section 1094.5.
~ writtcn informatisn sasmittea ts tae City Council sy tac
arsitrator saall l3e maintaincd at city Hall.
~&. In the event that the owner reduces the rent increase to the
applicable CPI, or more than 50% of the affected residents agree in
writing to settle the dispute, the review arsitratisn process
automatically terminates.
I. ~ The review process Arl3itratisn shall also be applicable to
the situation where space rent is increased upon change of
ownership of the mobilehome or removal of the unit. Either the
incoming or outgoing owner-occupant shall have the right to
arbitrate.
If an outgoing mobilehome owner intends to sell his or her
mobilehome, he or she may request, and the owner shall be
obligated to provide within 15 days of the request, a written
statement as to the rental rate to be offered to the incoming
owner-occupant. If the rate of increase in rent to the new
owner-occupant is above the amount of the applicable CPI as
provided in subssection 9.50.979 A, then either the current
resident or incoming resident shall have the right to review
arsitratc the increase under the provisions of this subsSection
9.59.979. That ~ right to arbitrate is subject to the outgoing
or incoming resident placing a deposit pursuant to subsSection ~ B
above, within 30 days of either (a) service of the owner's written
statement to the outgoing resident or (b) the date of execution of
a purchase contract between the incoming and outgoing residents,
whichever is ~ la~ter.
The park owner's statement shall contain the following:
NOTICE - RENT INCREASE IN EXCESS OF CPI
IF YOU DO NOT TAKE ACTION TO ARBITRATE IN A TIMELY MANNER, THIS
INCREASE SHALL BE AUTOMATICALLY EFFECTIVE UPON THE SALE OF YOUR
MOBILEHOME.
This is a statement of space rent increase which exceeds the
percentaqe increase current annual rate of the Consumer Price Index
(CPI) for the twelve (12) month period. as reported bv the Bureau
of Labor statistics. precedinq this statement. The CPI is % and
this increase is % of your current rent. This increase is in
addition to the followinq allowable pass-throuqhs: r identifv tvpe
and amount of maior capitol improvement or other allowable
pass-throuqh 1
Under the city's Municipal Code, ei ther the outgoing or the
incoming resident ~ is entitled to file for arbitration with the
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city's community Development Department. In order to arbitrate,
you must place an arbitration deposit of $ with the City's
community Development Department within thirty days of the date
this notice is served on you or the date of execution of a purchase
contract on the mobilehome. If you do not place the deposit, you
forfeit your right to arbitrate the rent increase.
If you are low income (below $13,000-15,000 per year), you may be
eligible to receive assistance for part of the cost of arbitration
from the city's community Development Department. If you have
questions regarding arbitration or need more information, you can
call the City at 691-5047.
SECTION VIII: That section 9.50.090 of the Chula vista
Municipal Code is repealed:
9.50.999 Deferral of Ren~ Inereases.
In any C:lDe uflcrc a propoocd rent inere.aoe euoeeainlJ the err, ao
proviel.eel. herein, is Slil9j ee~ ~o dispu~e said elccess inerease shall
not become effective until ~he arbitration process has been
complied ,\;i~h in accordanee .:ith the provisions of Chapter 9.50
proi...idea, RO\.~c"'..Tcr I all iBcrcaoc in the :llll.Ount af the err may 'ta]cc
effect immediately aRa SRI}" the amount ill Cl!Ce:OO thereaf cRall be
deferreel. lin~il the completion of the arbitration process.
SECTION IX: This ordinance shall take effect and be in full
force on the thirtieth day from and after its adoption.
Presented by
Approved as to form by
Chris Salomone, Director of
Community Development
Bruce M. Boogaard, City
Attorney
c:\mobilehome5
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$4J,
COUNCIL AGENDA STATEMENT
Item ~
ITEM TITLE:
Meeting Date 5/7/91
Ordinance 2448 Amending Title 19 of the Chula vista
Zoning Code by Adding Chapter 19.09 for the Purpose
of Managing the city's Growth
Director of PlanningK&)l
City Manager~ (4/Sths Vote: YeS___No-X-)
.j
SUBMITTED BY:
REVIEWED BY:
On April 23, 1991, Council
Implementation Ordinance,
commission Ordinance.
adopted the Growth Management Program,
and the Growth Management Oversight
During the public hearing, questions were raised regarding the
applicability of the growth management implementation ordinance to
projects which have already been approved, and have been
conditioned to participate in the Transportation Phasing Program.
On the advice of the City Attorney's office, staff is currently
reviewing the conditions which have been placed on all approved
projects, to determine specifically what requirements have been
placed on them. This review will be completed, and reported back
to Council for its May 14 meeting. It is recommended that Council
not take action on the second reading of the growth management
implementation ordinance until this review is completed.
RECOMMENDATION: That Council continue action on the second reading
of Ordinance No. 2448 to the Council meeting of May 14, 1991.
FISCAL IMPACT: Not applicable.
q..i
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 05/07/91
Ordinance Amending section 6.04.060 of the
Municipal Code Relating to the Prohibition of
Swine in the City.
\./.
Police JJJW
city Manager!
!)
The Chula vista Municipal Code (CVMC) expressly prohibits the
keeping of pigs (6.04.060). Mr. Dee VanWinkle, 501 Flower Street,
requested that the referenced ordinance be modified to provide for
the keeping of vietnamese pot-bellied pigs. The request was
referred to staff for report and recommendations by Council at its
April 9, 1991 meeting.
ITEM TITLE
SUBMITTED BY
.
.
REVIEWED BY
.
.
(4j5ths Vote:
Yes_No--1L)
RECOMMENDATION:
Place on first reading.
BOARDS/COMMISSIONS RECOMMENDATION:
Not Applicable
DISCUSSION:
Miniature pigs were originally domesticated in Asia. There is no
national registry for these exotic animals and since varieties
originate from different parts of Asia, they are variously referred
to as vietnamese, Chinese, Shar-pei or Asian pot-bellied pigs. For
purposes of this report, and any eventual inclusion in the CVMC,
they will be known as miniature pigs. All pure-bred miniature pigs
now in the United States came from an original stock of twelve
females and four males brought here from Canada in 1985. Properly
bred and cared for miniature pigs rarely exceed eighteen inches
(18") in height and one-hundred pounds (100 Ibs.) in weight.
Miniature pigs have a life expectancy of between fifteen and twenty
years. There are now several breeders in California and cities
across the state are grappling with this issue. Many cities have
made provisions for the keeping of miniature pigs.
The keeping of any animal, especially miniature pigs, in an urban
environment raises a number of public health and safety issues.
opponents also claim that breeder practices are unstable and that
these animals, when abandoned, will place a burden on animal
shelters to care for them. Experts on miniature pigs assert that
the animals have excellent dispositions, enjoy human companionship,
are intelligent and clean, and therefore, make great pets. Staff
is convinced that all legitimate health and safety concerns (both
for the animal and citizenry) can be mitigated to a degree which
makes the prohibition of these animals unreasonable. The animal's
general welfare, cleanliness and its restraint are addressed by the
proposed addition to section 6.04.060 described below.
1-1,1
Page 2
Item
ltJ
Meeting Date 05/07/91
Staff proposes that miniature pigs be allowed within the City under
the following conditions:
1. that there be no more than one (1) pig per dwelling unit;
2. that in no case shall a pig exceed eighteen inches (18")
at the shoulder or one-hundred pounds (100 Ibs.);
3. that breeding of miniature pigs, for any and all
purposes, be expressly prohibited;
4. that miniature pigs, and their owners, be held in
compliance with regulations existing in sections 6.04.110
(sanitation), 6.24 (restraint) and 6.26 (vehicular
transport safety) of the CVMC;
5. that failure to comply with these conditions may result,
after such notice as the circumstances permit, in the
animal being seized by Animal Control or Peace Officers.
Staff recognizes that regulations will not prevent cruelty to
miniature pigs or other unlawful activity by their owners; and that
especially with "trendy" pets, there is a potential risk of
unforeseeable problems. Therefore, staff would further recommend
that this action be re-evaluated for efficacy in one year. This
should provide sufficient time for the community, and staff, to
thoroughly evaluate the impact of miniature pigs on the quality of
life in Chula vista.
FISCAL IMPACT:
None
11)...2
CDUNCIL AGENDA STATEMENT
ITEM TITLE:
Item~
Meeting Date 5/7/91
Resolution 1 ,t1J- Approving the Joint Powers Agreement by and
among several Cities of the County of San Diego to Litigate
the validity and Amount of San Diego County's BOoking Fee
Charges
City Attorney ~
SUBMITTED BY:
(4/5ths Vote: Yes No X )
--
On March 19, 1991, the City Council conceptually approved participation in a
Joint Powers Agreement among several San Diego County cities affected by the
County booking fee charge for the purpose of retaining outside legal
assistance and litigating the validity and amount of the County booking fee
charge. The attached agreement is the implementation of that policy direction.
REOJMMENDATION: It is recommended that the Council adopt the attached
resolution which will approve the Joint Powers Agreement and authorize the
Mayor to execute same.
BOARDS/CC!'IMISSIONS RECC!'IMENDATION: N/A
DISCUSSION:
The Joint Powers Authority would be formed for the purpose of pursuing
litigation against the County and authorizing the JPA to file suit on behalf
of the City's claims. The administration of the litigation is delegated to an
Administrative Committee composed of the City Attorneys of the signatory
cities.
The City Attorneys ASsociation has designated five members to serve on the
Executive Committee of the Administrative Committee and those member agencies
include the following: Chairman George Eiser, National City; Bruce M.
Boogaard, Chula Vista; Vince Biondo, Carlsbad; Steve Eckis, poway and Roger
Krauel, Coronado, Del Mar and Encinitas.
The cost for the litigation will be divided among the various cities based on
the 1990 estimated booking fees. Our respective share is 8.23%, and upon
execution of the Agreement, we will be expected to contribute our respective
share of the first year's estimated legal expenses or $4,115. Total estimated
legal expenses are $50,000 for the first year. $10,000 has been previously
appropriated, so no budget authority is herein requested.
National City will provide trust accounting services for such fees paid in by
each of the various cities.
11-1
Agenda Item No. .11
Meeting Date: 5/7/91
page Two
Any party may withdraw upon 15 days written notice, but shall be liable for
its appropriate share of the legal expenses incurred to the date of notice of
termination.
The City Attorneys Association has solicited resumes from three legal firms
and is recommending the firm of Meyers, Nave, Riback & West of San Leandro, a
firm which gave us a very competitive bid and which is representing a similar
group cities in northern California. We, therefore, anticipate realizing some
economies of scale on the costs of such legal services.
FISCAL IMPACT: By
appropriated $10,000
need is $4,115.00.
Resolution No. 16095, the Council has previously
to cover the li tigation costs. We expect this year's
8807a
11-1-
RESOLUTION NO. l't%1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE JOINT POWERS
AGREEMENT BY AND AMONG SEVERAL CITIES OF THE
COUNTY OF SAN DIEGO TO LITIGATE THE VALIDITY
AND AMOUNT OF SAN DIEGO COUNTY I S BOOKING FEE
CHARGES, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, on March 19, 1991, the City Council
conceptually approved participation in a Joint Powers Agreement
among several San Diego County cities affected by the County
booking fee charge for the purpose of retaining outside legal
assistance and litigating the validity and amount of the County
booking fee charge; and
WHEREAS, the attached agreement is the implementation of
that pOlicy direction.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve the Joint Powers
Agreement by and among several cities of the County of San Diego
to litigate the validity and amount of San Diego County's booking
fee charges, a copy of which is on file in the office of the City
Clerk.
BE
Chula Vista
agreement for
IT FURTHER RESOLVED that the Mayor of the City of
is hereby au thor ized and directed to execute said
and on behalf of the City of Chula Vista.
8811a
pre:?jd and
I~I
Bruce M. Boogaa d, Clty
11--3
JOINT POWERS AGREEMENT BY AND AMONG SEVERAL
CITIES OF THE COUNTY OF SAN DIEGO
1. parties. This Joint Powers Agreement, dated May ___,
1991, for the purpose of reference only, is entered into pursuant
to Government Code section 6502 by and among the following public
agencies:
city of Carlsbad City of La Mesa
city of Coronado city of National city
City of Chula Vista city of Oceanside
city of Del Mar City of poway
city of El Cajon city of San Marcos
City of Encinitas city of Solana Beach
City of Escondido city of vista
City of Imperial Beach
2. Recitals. Each party to this Agreement is a municipal
corporation duly authorized and existing under the laws of the
State of California, and situated wholly or partially within the
boundaries of the County of San Diego. Each party has the power
to sue and be sued in its own name.
A dispute has arisen between the Parties and the County
of San Diego regarding booking fees imposed by the County of San
Diego. The Parties believe that San Diego County has improperly
imposed booking fees. The Parties, therefore, desire to pursue
their co~~on goal by filing suit against the County of San Diego.
3. Puroose. The purpose of this Agreement is to provide
for the efficient resolution of the Parties' common legal claim.
Although each Party has the right to bring similar litigation
separately in its own name, the resulting litigation by all the
Parties would be duplicative and, in some cases, prohibitively
costly. Through this Agreement the Parties desire to set forth
the terms and conditions under which one action may be maintained
on behalf of all Parties; to provide for the management and
direction of such litigation; to provide for the allocation of
litigation expenses; and to set forth various other matters
relating to the prosecution of the Parties' claims against the
County of San Diego.
Page 1 of 10
April 21,. 1991
.tty\.n.\booklng\)pe..h.
11.4
-...-..... ..-'" .-,-.,'~- -.-,-,-,',.....
intend
and no
4. No
to create
provision
separate Agency Created. The Parties do not
a separate public agency through this Agreement,
of this Agreement should be so constructed.
5. Authorization to File Suit. By execution of this
Agreement, ea~party authorizes and directs that a claim be
filed, if appropriate, and thereafter suit be filed and
diligently pursued, in the names of the Parties, against the
County of San Diego, its Board of Supervisors and such
administrative officers as may be appropriate, for the general
purpose of insuring the proper imposition of booking fees by the
County of San Diego as those fees affect the respective Parties.
6. Administration of Agreement. The administration of
the activities called for in this Agreement is delegated to and
vested in an Administrative Committee. The Administrative
Committee shall be comprised of City Attorneys of all signatory
cities.
Each member of the Administrative Committee shall be, at
all times, an officer or employee of a party to this Agreement.
If any member ceases to be an officer or employee of a Party, or
if the member's agency ceases to be a Party to this Agreement, a
new member shall be promptly selected in the same manner as the
original member. The Administrative Committee shall select a
chairperson and shall keep all Parties informed of the
composition of the committee.
The Administrative Committee is authorized and directed,
on behalf of all parties, to perform all acts necessary or
desirable to execute and administer this Agreement including, but
not limited to: selecting and retaining legal counsel; providing
day-to-day management and direction of the litigation, including
the right to determine all matters of tactics and strategy on
which legal counsel requests direction; authorizing, evaluating
and monitoring legal expenses; and conducting settlement
negotiations, if any, provided that any proposed settlement
agreement shall require the unanimous consent of all agencies
then Party to the Agreement.
7. Accounting Services. The Finance Director of the
City of National City shall provide accounting services for all
payments and receipts required by the terms of this Agreement,
and shall be responsible for the safekeeping of all funds paid by
or to the Parties to this Agreement.
Page 2 of 10
8809a
11--5
8. Obliaations of the Parties. Each Party to this
Agreement shall:
a. Pay, upon demand, its "appropriate share" of all
expenses incurred in the performance of activities called for by
this Agreement.
The "appropriate share" of each Party shall be
calculated as follows:
One Hundred percent (100%) of all expenses shall
be apportioned among all of the following Parties with each such
Party bearing the same percentage of those expenses which that
pa.rty'. ..tima.ted booxing fee for 1990 bears to the bookings of
all parties to the Agreement for 1990. For the purpose of
apportioning expenses incurred under this Agreement, the Parties
agree that.the following table accurately reflects the Parties to
this Agreement, the estimated booking fee of each Party for 1990,
the total booking fee of all such Parties for 1990, and the
percent of each such Party's estimated booking fee with respect
to the estimated booking fees of all Parties:
Estimated
Booking Fees Percent
~ 1990 of TO~81
city of Carlsbad $ 231,154 4.90
City of Coronado 61,446 1. 30
city of Chula Vista 388,234 8.23
City of Del Mar 33,110 0.70
city of El Cajon 548,394 11. 62
City of Encinitas 322,322 6.83
city of Escondida 562,254 11.92
City of Imperial Beach 113,498 2.41
city of La Mesa 154,924 3.28
City of National City 422,268 8.95
City of Oceanside 1,077,384 - 22.84
City of poway 147,070 3.12
City of san Marcos 168,014 3.56
City of Solana Beach 68,530 1.45
City of Vista 419.188 8.89
Totals $ 4,717,790 100.00
In the event of termination by any Party to this
Agreement, the Finance Director shall recalculate the appropriate
share of each Party to the Agreement based upon the figures set
forth above and shall notify each Party of the results of that
recalculation.
Page 3 of 10
April ~4, '99~
Itty\.h.\bookfnt\jpo.enl
11-(,
--~.
...,.- --. -..,.
b. Upon execution of this Agreement, pay to the
finance director serving on the Administrative Committee the
total sum listed after the name of each Party, which sum
represents each party's appropriate share of the first year's
estimated legal expenses:
Qili: Total
city of Carlsbad $ 2,450
City of Coronado 650
City of Chula Vista 4,115
city of Del Mar 350
city of El Cajon 5,810
city of Encinitas 3,415
City of Escondido 5,960
City of Imperial Beach 1,205
City of La Mesa 1,640
city of National city 4,475
City of Oceanside 11,420
city of poway 1,560
City of San Marcos 1,780
City of Solana Beach 725
City of vista 4.445
GRAND TOTAL $ 50,000
c. Pay, upon demand, its appropriate share of
litigation expenses which exceed the first year's estimated
expenses set forth under subparagraph b, above, or which are
incurred after January 1, 1992.
All bills and invoices for expenses incurred
pursuant to this Agreement shall be directed to the finance
director serving on the Administrative Committee, who shall
calculate the amount owed by each party under the formula set
forth in subsection a, above, and bill each party accordingly.
Bills shall be prepared for each calendar quarter in which
activity occurs and shall be payable immediately upon demand to
the city employing the finance director serving on the
Administrative Committee.
Any funds remaining upon termination of this
Agreement shall be returned to the Parties in proportion to each
Party's contribution to the total.
9. Escrow of Fees. Each Party to this Agreement agrees to
pay the amount of booking fees in dispute into a separate trust
or escrow account or similar fund or account during the pendency
of litigation on condition that the monies so paid will be
l'age 4 of 10
April 24, 1991
atty\ehs\bookfng\jpo.eha
11--1
disbursed to the County or returned to the Parties, as the case
may be, upon final judgment or settlement.
10. Termination of Aqreement. This Agreement shall
terminate as to any Party upon occurrence of any of the following
conditions:
a. Fifteen (15) days' prior written notice of
termination by any Party given to the then chairperson of the
Administrative Committee; provided, however, that the terminating
Party shall be liable for its appropriate share of any expenses
incurred up to the date notice of termination is received which
exceed the terminating Party's contribution under paragraph 7.b.;
and provided further, that in no event shall a terminating Party
be entitled to a r~fund of all or any part of its contribution
made under paragraph 7.b.
b. Automatically, upon the failure of any Party to
pay its appropriate share of litigation expenses within sixty
(60) days of date of invoice.
11. Amendment. This Agreement may be amended at any time
upon the written approval of all parties to the Agreement.
12. Notices. Except where this Agreement specifically
provides otherwise, any notices to be sent to any Party shall be
directed to the office of the city manager of the Party, with
copies to the city managers of all Parties.
13. Counteroarts. This Agreement may be executed in
multiple counterparts.
Executed on the date hereinabove written, in California, by:
CITY OF CARLS BAD
By:
Mayor
Date
APPROVED AS TO FORM:
By:
City Attorney
(Signatures continued on next page.)
Page 5 of 10
Apr; I 24, 1991
.tty\.h.\booklng\jpo.ehl
Jt-J
CITY OF CORONADO
By:
Mayor
Date
APPROVED AS TO FORM:
By:
City Attorney
CITY OF CHULA VISTA
By:
Date
Mayor
APPROVED AS TO FORM:
By:
City Attorney
CITY OF DEL MAR
By:
Date
Mayor
APPROVED AS TO FORM:
By:
City Attorney
(Signatures continued on next page.)
Page 6 of 10
Aprt l 24, 1991
.,tY\lhS\bookinV\jpo.ehs
tL.'J
From the Office of the City Attorney
City of Chula vista
Memorandum
1'\\
Date:
May 6, 1991
From:
Bruce M. Boogaard, City Attorney, Recording Secretary
Voice Phone: 691-5037, Telecopier: 691-5214
To:
via:
George Eisler, Exec. Committee Chair, Booking Fees JPA
( x ) Telecopier, No. 336 4376
cc:
John Goss, City Manager
All Administrative Committee Members
Re:
Booking Fees Litigation
Possible Conceptual Changes to Proposed Booking Fees JPA
Request for Additional Authority to Change Agreement
At our last City Attorney's luncheon, we resolved to prosecute the
Booking Fees JPA through our respective City Councils.
Certain changes herein discussed are being considered by various
cities.
In order that you should not be required to return the agreement to
your respective councils, you may wish to obtain collateral
delegation of authority to the City Attorney to make such of the
following changes as each of you feel are appropriate.
1. Section 6. City Managers have decided that they would like two
"slots" on the Executive Committee of the Administrative Committee,
to be designated by their group. Carlsbad, Chula Vista, National
ci ty , Coronodo, and poway are now Executive Committee cities.
Perhaps the managers should come from other cities.
2. Parties Section and Paragraph 8. Lemon Grove and Santee want
to join the litigation. Allocation formulas will change for those
additions to reduce each participant's percentage and amount.
3. Paragraph 7, Page 2. National City shall be paid on a time and
material basis for the accounting services of its Finance Director
and department. National City shall not be required to have the
accounting audited.
4. Should the property tax administration charge be part of the
action? Lee Knutson and Lynn MCDougal has expressed some interest.
National city is neutral at this point. George Eisler reports that
Kane, Balmer & Berkman, Bruce Tepper, is representing 10 redevelop-
ment agencies in 4 counties opposed to the charge. Maybe we should
have our redevelopment agencies join in that separately from this
action. For this purpose, however, we should get the authority to
include this in the subject matter of the litigation if their is a
consensus of the Administrative Committee (the large committee).
II-Ie
CITY OF EL CAJON
By:
Mayor
Date
APPROVED AS TO FORM:
By:
City Attorney
CITY OF ENCINITAS
By:
Mayor
Date
APPROVED AS TO FORM:
By:
City Attorney
CITY OF ESCONDIDO
By:
Mayor
Date
APPROVED AS TO FORM:
By:
City Attorney
(signatures continued on next page.)
Page 7 of 10
April 24, 1991
atty\eha\booking\jpe.eha
_ ":;i...,J '::i,-::"'....
11. -11
T.~bb_::=-:-':;~='-,I: -,=,
-:~ : '::l =(,HrJ =::"'=,_ '::l! f:;: i -:='~;~ -:- :"T=.I'I - ~t_-::'" '1-~~,~_
CIT~ OF IMPERIAL BEACH
By:
Mayor
Date
APPROVED AS TO FORM:
By:
city Attorney
CITY OF LA MESA
By:
Mayor
Date
APPROVED AS TO FORM:
By:
City Attorney
CITY OF NATIONAL CITY
By:
Mayor
Date
APPROVED AS TO FORM:
By:
city Attorney
(Signatures continued on next page.)
Page S of 10
April 24, 1991
atty\ahs\booktng\jpo.oho
11:11-
CITY OF OCEANSIDE
By:
Mayor Date
APPROVED AS TO FORM:
By: City
Attorney
CITY OF POWAY
By:
Date
Mayor
APPROVED AS TO FORM:
By:
City Attorney
CITY OF SAN MARCOS
By:
Mayor
Date
APPROVED AS TO FORM:
By:
City Attorney
(Signatures continued on next page.)
page 9 of 10
April 24. 1991
otty\oho\booking\jpo.oho
1.1: 12.
CITY OF SOLANA BEACH
By:
Mayor Date
APPROVED AS TO FORM:
By: City
Attorney
CITY OF VISTA
By:
Date
Mayor
APPROVED AS TO FORM:
By:
city Attorney
page 10 of 10
Apr! l 24, 1991
.tty\eh.\booking\jpe,eh.
11-,13
council Agenda statement
Item:~
Meeting Date: May 7, 1991
Item Title: Resolution No.lL1ft: RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA GIVING NOTICE OF
INTENTION TO GRANT A FRANCHISE FOR REFUSE
COLLECTION AND DISPOSAL TO SOUTH BAY CITIES, INC.
FOR CHULA VISTA ELEMENTARY SCHOOL FACILITIES.
Submitted by: Bruce M. Boogaard, city Attorney~
4/5ths Vote: ( ) Yes (X) No
The Chula vista Elementary School District ("District"), after
an open bidding procedure, granted to its low bidder, Bay cities
Services, Inc. ("Bay Cities") a three year contract to remove solid
waste from its school facilities. It may not do so without having
a franchise grant from the City. Staff recommends granting said
limited-area franchise in order to permit the District to meet its
"tight" budgetary requirements, but to require the payment of the
franchise fee to the city, not only prospectively during the term
of this agreement, but also on the contract price charged since the
the date Bay cities first started serving the District', plus 8%
interest.
Recommendation:
Adopt the attached resolution directing the publishing of
notice of intention to grant, at the City Council meeting of May
21, 1991, a franchise to Bay cities Services, Inc. to remove solid
waste from Chula vista Elementary School District Facilities~
docket and hold a Protest Hearing at the meeting of May 21;
deliberate upon granting, and, if inclined to grant same to Bay
cities Services, Inc., condition said grant on the following:
1. The attorney for Bay cities has implied in correspondence that
Bay cities commenced hauling District solid waste in July of 1990
without a franchise. If they had applied for a franchise, staff
would have recommended a 7% franchise fee. The additional
percentage is in the nature of a penalty for not applying for the
franchise at that time.
2. This recommendation is being written broad enough so as to
permit the use of this Agenda Bill for both meetings.
trash4.wp
April 23, 1991
Al13 re Bay Cities Franchise
Page 1
12-1
1. City receives from Bay cities the franchise fee that it
should have been paying on waste hauling services pro-
vided to the District from the date of the commencement
of its contract with the School District, plus interest
thereon at the rate of 8%.
Boards and Commissions Recommendation:
None. None applicable.
Discussion:
Staff supports the ability of the School District to lower its
costs of operation by obtaining a lower spot market price for waste
hauling services.
Furthermore, there is precedent for granting a limited-area
franchise to a public agency entity. We gave one to EDCO Disposal
in October, 1989 to haul solid waste from the Sweetwater Union High
School District facilities, by Ordinance 2335, adopted october 3,
1989.
This proposed franchise is substantially similar to the one
granted to ED CO except that liability for any possessory interest
taxes are expressly placed on Bay cities, the franchise fee is set
at 7%, and Bay cities waives any right to any notice of
termination, including such notices which may be required to be
given by law.
At the time of this writing, we are requesting the consent of
Laidlaw to the removal of the District I s facilities from the
territory of their franchise, and upon receipt of same, will
prosecute an ordinance amending their franchise. If such
permission is not forthcoming, we will report at the meeting.
We are attempting to determine the date upon which Bay cities
commenced service to the District, and upon doing so, will
calculate the franchise fee which the District should have paid.
Fiscal Impact:
Franchise fee revenues will be slightly diminished by virtue
of the fact that the franchise fee rate charged by Bay cities to
the School District will be on a lower base charge than that
charged by Laidlaw.
trash4.wp
April 23, 1991
Al13 re Bay cities Franchise
Page 2
J,Z .. z..
RESOLUTION NO. 1(,1. I/f
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA OF INTENTION TO GRANT A FRANCHISE
FOR REFUSE COLLECTION AND DISPOSAL TO SOUTH
BAY CITIES, INC FOR CHULA VISTA ELEMENTARY
SCHOOL FACILITIES.
The City Council of the city of Chula vista does hereby
resolve as follows:
WHEREAS, South Bay cities, Inc., requested that a franchise be
granted to it of the character and for the purposes mentioned in
the form of notice hereinafter set forth, and
WHEREAS, in the opinion of said Council, the public good
requires that consideration of the granting of such franchise be
undertaken, and
WHEREAS, the City of Chula vista wishes to determine the
frequency and means of collection, level of service, charges and
fees, nature, location, and extent of providing refuse collection
within the city, and
WHEREAS, it is in the opinion of this City Council that the
public health, safety, and well being require a wholly exclusive
franchise without competitive bidding for such services with the
exception of the services to be provided under contractual terms
and conditions in substantially the form attached hereto, and
WHEREAS, the proposed franchise with Bay cities Services, Inc.
is marked as Exhibit "A", and attached hereto and incorporated
herein by reference as if set forth in full.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
city of Chula vista intends to consider the granting of said
franchise, being the ordinance marked Exhibit "A", or a variant
thereof; that hearing of objections to the granting thereof will be
held at the time and place specified in the form of notice
hereinafter set forth which the Clerk of the City is hereby
directed to publish at least once within fifteen days after the
passage of this resolution, in the Chula vista Star News, a
newspaper of general circulation within said City, and that said
notice shall be in the following words and figures:
NOTICE OF INTENTION TO GRANT FRANCHISE
NOTICE IS HEREBY GIVEN that Bay cities Services, Inc. has
filed its application with the Council of the City of Chula vista
trash3.wp
April 23, 1991
Reso of Intention to Grant Bay cities Franchise
Page 1
1.1, -3
requesting said council to grant it a franchise for a period of
three years, pursuant to the terms and conditions of Article XII of
the Charter of the City of Chula Vista, to collect refuse at Chula
vista Elementary School District facilities in the city of Chula
vista. If said franchise shall.be granted to it, said Bay cities
Services, Inc., its successors and assigns, hereinafter designated
Grantee, shall during the life thereof pay to said City 9% of the
gross annual receipts of said Grantee arising from the use,
operation, and possession of said franchise. Said percentage shall
be paid from May 1, 1991 on a quarterly basis. Beginning May 1,
1992, the franchise fee shall increase one-half of one percent
(1/2%) annually throughout the term of the franchise to a maximum
of 10%. The first quarterly payment shall be made on August 1,
1991 and shall be for the period commencing May 1, 1991.
Subsequent quarterly payments shall be made at three month
intervals thereafter for the life of the franchise. In the event
such payments shall not be made, said franchise shall be forfeited.
Said City Council proposes to grant said franchise as requested for
a period of three years, from May 1, 1991 of the Bay cities
services, Inc.'s contract with the Chula vista Elementary School
District, whichever is shorter.
Notice is hereby further given that any and all persons having
any objections to the granting of said franchise may appear before
said Council in the Council Chambers of said City at the hour of
6:00 p.m., or as soon thereafter as the matter may be called, on
Tuesday, May 21, 1991, and be heard thereon.
Notice is hereby further given that at any time not later than
the hour so set for hearing objections any person interested may
make written protest stating objections against the granting of
said franchise, which protest must be signed by the protestant and
delivered to the City Clerk of said City and the Council shall at
the time set for hearing said objections, proceed to hear and pass
upon all protest so made. For further particulars, reference is
hereby made to said Exhibit "A", which is the form of franchise
ordinance proposed by staff on file in the office of the city Clerk
by order of the city Council of the city of Chula vista. Reference
to said form of franchise ordinance shall not preclude the City
Council from amending, modifying same, or issuing a completely
different franchise.
Beverly A. Authelet, City Clerk
p.~e2nte~ a
/~V~'
as to form by
Attorney
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Reso of Intention to Grant Bay cities Franchise
Page 2
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Exhibit A to Resolution of Intention
Discussion Draft
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA
GRANTING TO BAY CITIES SERVICES, INC., ITS
SUCCESSORS AND ASSIGNS, A FRANCHISE TO COLLECT
AND DISPOSE OF REFUSE FROM CHULA VISTA
ELEMENTARY SCHOOL FACILITIES AND TO USE THE
PUBLIC STREETS AND PLACES WITHIN THE CITY OF
CHULA VISTA FOR SAID PURPOSE.
The city Council of the City of Chula Vista does ordain as
follows:
Definitions.
SECTION 1.
Whenever in this ordinance the words or phrases hereinafter in
this section defined are used, they shall have the respective
meaning assigned to them in the following definitions (unless in
the given instance, the context wherein they are used shall clearly
import a different meaning):
(a) "Grantee" shall mean the Bay cities Services, Inc. and
its lawful successors or assigns.
(b) "City" shall mean the city of Chula Vista, a municipal
corporation of the State of California in its present
incorporated form or in any later reorganized, consolidated,
enlarged or reincorporated form
(c) "Streets" shall mean the public streets, ways, alleys and
places as the same now or may hereafter exist within said
city, including state highways now or hereafter established
within said city.
(d) "Gross Receipts" shall mean all gross operating revenues
received by Grantee from the collection and disposal of refuse
within the City of Chula Vista pursuant to its contract with
Chula vista Elementary School District for collection and
disposal of refuse of District facilities only.
SECTION 2.
Purpose.
The franchise to collect and dispose of refuse from Chula
vista Elementary School District facilities within the City of
Chula Vista and to use for such purposes the pUblic streets, ways
and places within said city is hereby granted to Bay cities
services, Inc., its successors and assigns.
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SECTION 3.
Term.
Said franchise shall be for the term of three (3) years from
and after June 1, 1991 or the term of Grantee's contract with Chula
vista Elementary School District, or until the state or some
municipal or public corporation duly authorized by law shall
purchase by voluntary agreement all property actually used and
useful in the exercise of said franchise, or until said franchise
shall be forfeited for noncompliance with its terms as provided
herein, whichever is shorter. During such term Grantee shall have
the exclusive right to collect and dispose of all refuse created,
accumulated or produced at Chula vista Elementary School District
facilities within the City of Chula Vista.
To the extent that this franchise is terminated according to
the provisions hereof sooner than the time within which Grantee may
otherwise be entitled by law to notice of termination, Grantee
hereby waives any right to said notice or any claim to damages for
failure to receive said notice. In the event that said waiver may
be found to be invalid by a court of law, notice to Grantee is
hereby given that this franchise is terminated on April 30, 1994,
or at the end of such later period of time as the law may require
notice to be given as measured from the effective date of this
Ordinance.
SECTION 4.
Consideration.
The Grantee of said franchise shall during the term thereof
pay to the City 7 and 1/2 percent (7 1/2%) of the gross annual
receipts of said Grantee. City is authorized to increase said fee
up to a maximum amount of ten percent (10%). Beginning April 1,
1992, the franchise fee shall be increased by one-half percent
(1/2%) and one-half percent (1/2%) each year thereafter until it
reaches the maximum of ten percent (10%).
SECTION 5.
Reports. Dates of pavrnent and citv Audit.
The Grantee shall file with the Director of Finance of said
city on a monthly basis commencing on June 1, 1991, and monthly
thereafter, a duly verified statement showing in detail the total
gross receipts of such Grantee during the preceding month or
fractional month from the collection and disposal of refuse within
said city. Grantee shall pay to said city within fifteen (15) days
after the time of filing of such statement, in lawful money of the
United States, the aforesaid percentage of its gross receipts for
such month, or such fractional month, covered by such statement.
Any neglect, omission or refusal by Grantee to file such verified
statement or to pay such percentage at the time and in the manner
specified shall be grounds for the declaration of a forfeiture of
this franchise and all rights of Grantee hereunder. Attorneys fees
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shall be awarded to the prevailing party in any litigation brought
to enforce any provision of this section.
SECTION 6.
Compliance with Laws.
Grantee shall comply with all laws and regulations of the
State of California and the City of Chula vista. Further, Chapter
8.24 of the Chula vista Municipal Code is expressly made a part of
this franchise and incorporated it herein by reference as if set
forth in full. Grantee and City agree to be bound by all
applicable provisions of such ordinance, or any amendments thereto,
or other ordinances that might affect the collection or disposal of
refuse in the city. It is understood that said ordinances are
intended to be minimum standards and that higher standards and
regulations may be required under the franchise.
SECTION 7.
Obliqations of Grantee.
Grantee undertakes and agrees, for the consideration
hereinafter mentioned, to furnish: all labor, equipment, and
vehicles (including adequate equipment and vehicles in a standby
capacity to provide the service herein required in the event of a
breakdown of equipment); insurance and bonds necessary to insure
the efficient and timely picking up, collecting, removing and
disposing of refuse; and to collect, pick up, remove and dispose
of, all refuse which is generated or accumulated by or upon all
property of Chula vista Elementary School District within the City
during the time that this franchise is in effect, except as herein
otherwise provided and subject to and in accordance with the terms
and provisions hereof.
The collection and removal of said refuse by Grantee shall be,
at all times during the term of this franchise performed to the
satisfaction of the City Manager or his delegate who shall have the
right to issue orders, directions and instructions to Grantee from
time to time with respect to the collection, transportation, and
removal of refuse, the performance of Grantee's services hereunder,
and the Grantee's compliance with the provisions of the ordinances
of the city of Chula vista as they now exist or may from time to
time be amended, and Grantee agrees to comply therewith. Such
collection and removal of refuse shall be done in a prompt,
thorough, lawful and workmanlike manner.
Grantee shall provide collection vehicles and equipment in
amounts adequate to perform in accordance with its contract with
Chula vista Elementary School District. Collection vehicles,
containers, and other contractor furnished equipment must comply
with the standards set forth in the Chula Vista Municipal Code.
All refuse collected by Grantee shall become the property of
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Grantee immediately upon the collection thereof, and shall be
forthwith removed and transported by Grantee to an approved place
of disposal, which shall be provided, arranged for or furnished by
Grantee.
In the event, Grantee fails, refuses, or neglects to collect
and dispose of refuse set out or placed for collection at the time
and in the manner herein required, City may collect and dispose of
the same or cause the same to be collected and disposed of and
Grantee shall be liable for all expenses incurred in connection
therewith. Such remedy of City shall be cumulative and in addition
to any and all other remedies it may have in the event of such
failure, refusal or neglect of Grantee. The collection and
disposal of refuse by city or by others as aforesaid shall not be
deemed an election of remedies which shall preclude City from
availing itself of additional remedies for Grantee's breach of
contract.
SECTION 8.
Rates for Collection.
City and Grantee mutually agree that the rates to be paid by
Chula vista Elementary School District shall be those established
by the competitively bid contract awarded to Grantee by said
District.
SECTION 9.
Insurance.
Grantee agrees, at Grantee's own expense, to carry
comprehensive public liability and automobile liability insurance
coverage during the full term of this franchise, with city also
named as an additional insured thereunder, covering liability for
bodily injuries, death and property damage, arising out of or in
connection with the operations of Grantee, under this franchise in
an amount not less than $1,000,000 for injuries including death to
anyone person and in an amount not less than $5,000,000 for any
one accident or occurrence, and property damage in an amount not
less than $200,000. Grantee further agrees to carry, at Grantee's
own expense, workers' compensation insurance in accordance with the
laws of the State of California. All of said insurance policies,
or certificates thereof, shall be deposited by Grantee with the
city Manager together with endorsements or statements from the
insuring companies providing that such policies will not be subject
to cancellation, modification or reduction of the limits of the
policy until ninety (90) days after written notice to the city by
registered or certified mail. Such policies shall guarantee
payment of any final judgment rendered against Grantee or the City
within the coverage provided, irrespective of the financial
condition of, or any acts or omissions of, said Grantee. All of
said policies shall be subject to the approval of the City
Attorney.
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In the event of the termination or cancellation of the
insurance required hereunder or the failure of Grantee to provide
such other insurance as hereinabove provided, prior to the
effective date of such cancellation or termination, this franchise
may be suspended or terminated forthwith by City, by written notice
thereof to Grantee. Any such suspension shall be for such period
or periods as the City Manager from time to time may determine. No
liability or obligation shall be incurred by City in favor of
Grantee by virtue of any such notice or notices or from any such
suspension or termination. In the event of such suspension or
termination by City upon the failure of Grantee to secure and
maintain on file said insurance during the full term of this
franchise, Grantee shall be liable for any and all damages suffered
by City arising out of such suspension or termination.
SECTION 10.
Hold Harmless.
Grantee of the franchise granted hereby shall indemnify, save
and hold harmless, City and any officers and employees thereof
against and from all damages, judgments, decrees, costs and
expenditures which city, or such officer or employee, may suffer,
or which may be recovered from, or obtainable against City, or such
officers or employee, for, or by reason of, or growing out of or
resulting from the exercising by Grantee of any or all of the
rights or privileges granted hereby, or by reason of any act or
acts of Grantee or its servants or agents in exercising the
franchise granted hereby, and Grantee shall defend any suit that
may be instituted against City, or any officer or employee thereof,
by reason of or growing out of or resulting from the exercise by
Grantee of any or all of the rights or privileges granted hereby,
or by reason of any act or acts of Grantee, or its servants or
agents, in exercising the franchise granted hereby.
SECTION 11.
Possessory Interest Tax.
To the extent that anything herein contained may require
Grantee to pay a possessory interest tax, the obligation to pay and
to provide sufficient resources to pay said tax shall be solely the
obligation of Grantee, and Grantee shall hold the City harmless
with regard thereto.
SECTION 12.
Obliqations of citv.
Grantee hereby expressly acknowledges the authority of the
city to exclusively franchise solid waste removal and disposition
for all refuse generated on all other land uses within the City,
including but not limited to residential, commercial, and
industrial, other than that covered by this agreement.
SECTION 13.
Miscellaneous.
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The failure of either party at any time to require performance
by the other of a provision hereof, shall in no way affect the
right of such party entitled to performance to enforce the same
thereafter. Nor shall the waiver of either party of any breach of
any provisions hereof be construed to be a waiver of such
provisions or of any succeeding breach thereof.
Any notice that may be given to Grantee under or with respect
of this franchise shall be deemed to have been given when delivered
to Grantee or to an officer of Grantee, personally or when sent to
Grantee by registered or certified mail, postage prepaid, addressed
to Grantee at:
Bay cities Services, Inc.
[insert address]
City reserves the right to determine, in the exercise of its
powers to provide for the public health and welfare, whether
technological or other changes materially affect the necessity of
or level of the service provided for hereunder, and, in such case,
the level of service hereunder shall be adjusted by city, and this
franchise shall be reviewed and revised accordingly.
SECTION 14.
Forfeiture.
This franchise is granted upon each and every condition herein
contained, and shall ever be strictly construed against Grantee.
Nothing shall pass by the franchise granted hereby to Grantee
unless it be granted in plain and unambiguous terms. Each of said
conditions is a material and essential condition to the granting of
the franchise. If Grantee shall fail, neglect or refuse to comply
with any of the conditions of the franchise granted hereby, and if
such failure, neglect or refusal shall continue for more than
thirty (30) days after written demand by the City Manager for
compliance therewith, then City, by the City Council, in addition
to all rights and remedies allowed by law, thereupon may terminate
the right, privilege and franchise granted in and by this
ordinance, and all the rights, privileges and the franchise of
Grantee granted hereby shall thereupon be at an end. Thereupon and
immediately, Grantee shall surrender all rights and privileges in
and to the franchise granted hereby. No provision herein made for
the purpose of securing the enforcement of the terms and conditions
of the franchise granted hereby shall be deemed an exclusive remedy
or to afford the exclusive procedure for the enforcement of said
terms and conditions, but the remedies and procedure outlined
herein or provided, including forfeiture, shall be deemed to be
cumulative.
SECTION 15.
Authoritv for Grant.
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Notwithstanding any other prov~s~on herein contained, this
franchise is granted solely and exclusively under sections 1200,
1201, 1202, 1203, 1204, 1205 and 1206 of Article XII of the
Charter of the City of Chu1a vista and no other authority.
SECTION 16.
Effective Date.
This ordinance shall become effective thirty days after its
final passage unless suspended by a referendum petition filed as
provided by law.
SECTION 17.
Operative Date.
The operative date of this ordinance shall be
1991.
1,
SECTION 18.
Publication Costs.
The Grantee of said franchise shall pay to the city a sum of
money sufficient to reimburse it for all publication expenses
incurred by it in connection with the granting thereof; such
payment to be made within thirty (30) days after the city shall
have furnished such Grantee with a written statement of such
expense.
SECTION 19.
written Acceptance.
Notwithstanding the aforereferenced effective date, the
franchise granted hereby shall not become effective until written
acceptance thereof shall have been filed by the Grantee with the
city Clerk.
SECTION 20.
Publication.
The City Clerk shall cause this ordinance to be published once
within fifteen (15) days after its passage in the Chu1a vista Star
News, a newspaper of general circulation published and circulated
in said City.
Presented and Approved as to form by
Bruce M. Boogaard,
City Attorney
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COUNCIL AGENDA STATEMENT
ITEM
i3
MEETING DATE
May 7. 1991
ITEM TITLE:
RESOLUTION .1'11; Amending Counci 1 Pol icy #662-05, "Sexual
Harassment Policy", and adopting amended Council Policy #662-
05 entitled "General and Sexual Harassment Policy" .
DIRECTOR OF PERSONNELC~
SUBMITTED BY:
REVIEWED BY: CITY MANAGER ~ (4/5th Vote: YES_ NOl)
RECOMMENDATION: That Council adopt the resolution to amend Council Pol icy #662-
05 replacing Resolution #11058.
BOARDS AND COMMISSIONS RECOMMENDATIONS: None
DISCUSSION: In 1982 the City of Chula Vista adopted Resolution 11058, "Sexual
Harassment Pol icy" . The pol i cy defi ned sexual harassment, estab 1 i shed the
standards for providing a workplace that was free from all types of
di scri mi nati on i ncl udi ng sexual harassment and commi tted the City to the
guidelines set forth by the Equal Employment Opportunity Commission in regards
to defining sexual harassment in relationship to the Federal laws it violates.
Since 1982, court cases dealing with sexual harassment have further defined and
clarified the issues. It has also become apparent that a policy that dealt with
general harassment was needed to establish clear and legally defensible
gui de 1 i nes for a 11 employees in thi s area. Therefore, thi s new pol i Cy is a
combination of qeneral and sexual harassment which reflects language that has
been developed through more recent court cases. It also provides a complaint
process that permits employees who believe that they have been either harassed
or discriminated against to take action to correct the situation.
Attached is a copy of the old policy. The new policy is not a revision of the
old policy; therefore, a document showing deletions and additions is not feasible
FISCAL IMPACT: None
A:\A113\HARASS.POL
t3..lII~"1.
~,_-.-,...._......'~ J.....
-~~
_.....-.....il.... ,~~."~.__.....~ ..... .u"'aIi~~" ~~:"_~'-"'''~L''''''''''~''''~'''
OLD POll CY
--------
EXHIBIT
A
SEXUAL HARASSMENT POLICY
The City of
free from
hara ssment.
Policy.
Chu1 a Vi sta
a 11 forms
This policy
has as its policy to provide a working environment
of prohibited discrimination, including sexual
is an augmentation of the City's Affirmative Action
Se,x,lJal harassment is an offensive working condition that will not be
tolerated. The Equal Employment Opportunity Commission, in their guidelines,
has taken the view that the following conduct violates Federal law:
Unwe1 come sexual advances, requests for sexual favors, and other
verbal and/or physical conduct of a sexual nature constitute sexual
harassment when (1) submission to such conduct is made either
explicitly or implicitly a term or condition of an individual's
employment, (2) submi ssi on to or rejection of such conduct by an
individual is used as the basis for employment decisions affecting
such individual, or (3) such conduct has the purpose or effect of
unreasonably interfering with an individual's work performance or
creating an intimidating, hostile, or offensive working environment.
Wri tten examp1 es of sexual harassment i nc1 ude suggestive or obscene 1 etters,
notes and invitations; verbal examp1 es i ncl ude derogatory comments, sl urs or
jokes; physical examples include assault, touching, impeding or blocking
movements; and visual examples include leering, sexually oriented gestures, or
di spl ay of sexually suggestive or derogatory objects, pictures, cartoons, or
posters. Other examples include the threat Or insinuation that lack of sexual
favors will result in repri sa1; withholding support for appointments,
promotion Or transfer; rejection on probation; punitive actions; change of
assignments; or a poor performance report.
An employee who feels that this policy is being violated shall report this to
the appropri ate supervi sor or department head. Enforcement of thi s pol icy
will be hand1etl at the departmental level. The department head will initiate
an investigation and take disciplinary action if the facts indicate a
violation of the policy. Whether or not an alleged conduct constitutes
harassment will be determi ned by look i ng at the enti re record and at the
totality of the circumstances, such as the nature of the sexual advances and
the context in which the alleged incidents occurred on a case by case basis.
The Personnel Department will provi de a neutral, thi rd-party staff person to
sit in on all meetings between the employee making the complaint and the
department. The neutral role will be to help clarify issues and assure that
all parties receive a fair hearing of the facts.
This policy is not to be construed as prohibiting mutually welcome social
relationships between employees which have no bearing on employment decisions,
benefits or conditions.
SAT:d1
WPC 0028K
13-1-
COUNCIL POllCY
CITY OF CHUrA VISTA
SUBJECT
GENERAL AND SEXUAL HARASSMENT POLICY
POllCY
NT
EFFECITVE
PAGE
662-05
XX-XX-91
1 of 5
ADOP'IED BY: Reso1 ution No. XXXXX
DATED:
XX-XX-91
POLICY DISCUSSION
The City of Chu1a Vista is committed to maintaining a workplace
environment free from all forms of discrimination and harassment
inc1 udi ng sexual harassment. The purpose of thi s written pol icy is to
familiarize employees and supervisors with the legal and moral parameters
of harassment. Harassment is not only illegal, it creates a negative
work envi ronment that reduces producti vity and moral e, undermi nes the
integrity of the workplace and destroys professionalism. It is the legal
right of every employee to be able to work in a place that is free from
discrimination and harassment. It is the duty of all employees to abide
by this policy and the duty of all supervisors and managers to implement
this policy to avoid unnecessary legal and personal conflicts.
BACKGROUND
The legal framework for which the Courts have based their decisions
regarding harassment are founded upon Federal and State Laws entit1 ing
citizens to civil rights. Specifically, Title VII of the Civil Rights
Act of 19064, Section 703 and California Government Code Section 12940 &
12921 and other pertinent references clearly state that harassment
including sexual harassment, which is a form of discrimination, is in
violation of an individual's civil rights; therefore, illegal. The
impact of enforcement of these laws has mandated employers to develop,
implement, and enforce progressive policy statements prohibiting
harassment in order to receive funding and/or avoid costly 1 itigation
proceedings.
REFERENCES
Title VII of the Civil Rights Act of 1964, Section 703
EEOC Final Guidelines
California Administrative Code, Title 2, Section 7282.6
California Government Code 12940, 12921, and 11135
POLICY STATEMENT
It is the policy of the City of Chula Vista to prohibit all harassment
including sexual harassment of any employee in the City of Chula Vista.
The employees of this city have the legal right to work in a
discrimination-free environment.
1"3-~
COUNCIL POllCY
CITY OF CHULA VISTA
SUBJECJ'
GENERAL AND SEXUAL HARASSMENT POLICY
POLICY
NUMBER
EFFECJ'IVE
DATE PAGE
662-05
XX-XX-9l
~ of 5
ADOPTED BY: Resol ution No. XXXXX
DAlEO:
XX-XX-9l
GENERAL HARASSMENT
Harassment is defined as unsolicited and unwelcome behavior based on
race, religion, color, sex, creed or age which can be written, verbal,
physical or visual. These behaviors can be directed at a specific
employee or their family member(s). These behaviors can also be directed
at one i ndivi dual but offend another. Or these behavi ors may not be
directed at any individual in the workplace but their presence is
offensive to one or more co-workers.
1. Verbal harassment, e.g., epithets, derogatory comments or slurs;
2. Physical harassment, e.g., as saul t, impeding or blocking movement,
or any physical interference with normal work or movement;
3. Vi sual forms of harassment, e. g., derogatory posters, cartoons, or
drawings.
SEXUAL HARASSMENT
Sexual harassment is a violation of Section 703 of Title VII of the Civil
Rights Act of 1964. Unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of a sexual nature
constitute sexual harassment when:
1. Submission to such conduct is made explicitly or implicitly as a
term or condition of an individual's employment;
2. Submission to or rejection of such conduct by an individual is used
as the basis for employment decisions affecting that individual; or
3. Such conduct affects or has the potential to affect an individual's
work performance or creates an intimidating, hostile, or offensive
working environment.
For the purpose of further cl ari fi cati on, general or sexual harassment
includes but is not limited to:
1. Sexually suggestive or obscene letters, notes, or invitations.
t 3,'1
COUNCIL POllCY
CITY OF CHUlA VISTA
SUBJECf
GENERAL AND SEXUAL HARASSMENT POLICY
POUCY
NT
EFFECTIVE
PAGE
662-05
XX-XX-9l
3 of 5
ADOP'IED BY: Resol ution No. XXXXX
DAlEO:
XX-XX-9l
2. Sexual derogatory comments, such as sexual jokes, remarks,
questions, teasing, leering, or gestures.
3. Touching, patting, pinching, impeding or blocking movement.
4. Sexually suggestive objects, such as pictures, cartoons, posters.
5. Conti nuance of expressi ng sexual interest after bei ng informed that
the interest is unwelcomed.
6. Requesting sexual favors as a condition of employment.
7. Engaging in impl icit of expl icit coercive sexual behavior which is
used to control, influence or affect the career, salary and/or work
environment of another employee.
COMPLAINT PROCESS
If an employee believes that they have been subject to any form of
harassment including sexual harassment or are being descriminated against
based on the State and/or Federal laws previously cited, they have the
right to file a formal or informal complaint. Before a complaint is
filed, it is recommended that the violated employee acknowledge to the
harasser that their behavior is offensive, unwanted or derogatory. If
harassment continues to persist, a formal complaint should then be filed.
The Ci ty of
person that
termination.
Chula Vista will enforce disciplinary action against any
violates this policy. This discipline can include
'-
Complaint Procedure
Step 1
The allegation of general or sexual harassment should be discussed with
the complainant's department head, supervisor or the Director of
Personnel within a reasonable period of time from when the incidence or
action affecting the employee occurred.
1.:"3 - s
COUNCIL POLICY
CITY OF CHUlA VISTA
SUBJECf
GENERAL AND SEXUAL HARASSMENT POLICY
POLICY
NUMBER
EFFECTIVE
DAlE PAGE
662-05
XX-XX-91
4 of 5
ADOP1ED BY: Resol ution No. XXXXX
DAlEn:
X4-XX-91
Step 2
Upon receipt of the written complaint, the Personnel Director will inform
the appropriate department head and supervisor of the allegation. The
complainant's supervisor and/or department head shall meet with the
complainant in an attempt to resolve the complaint at the departmental
level. If the complainant is not satisfied with results of the meeting,
the Personnel Director, within (10) ten workin~ days, will assemble a
fact finding committee to review the complalnt. The fact finding
committee will include (1) a Personnel Director representative, (2) an
appointee of the City Manager, and (3) an appointee of the complainant.
The investigation process shall be conducted in a timely manner.
The complaint will be reviewed to:
1. Determine governing authority of the complaint.
2. Determine if sufficient grounds exist to substantiate the val idity
of the complaint which includes interviewing the complainant,
alleged harasser, witnesses and any other individual who may have
relevant information substantiating or refuting the allegation.
Step 3
Upon the completion of the investigation, all parties involved will be
informed of the findings with (10) ten working days. The fact finding
committee will report the results of their investigation to the Personnel
Director, the Department Director, the complainant and the alleged
harasser. If the investigation does not yield sufficient evidence to
substantiate the allegation, all parties involved will be notified of the
findings and the case will be terminated at this step.
Step 4
If it is determined that general or sexual harassment has occurred, the
Department Director will initiate appropriate disciplinary action which
may be up to and including dismissal. The severity of the discipline
will be determined by the severity and/or frequency of the offense.
1. 3-1,.
COUNCIL POllCY
CITY OF CHUlA VISTA
SUBJEGr
GENERAL AND SEXUAL HARASSMENT POLICY
POllCY
EFFECITVE
n A'TI1
PAGE
662-05
XX-XX-9l
5 of 5
ADOP'IED BY: Reso1 ution No. XXXXX
DA1ED:
XX-XX-91
Step 5
Discipl inary action taken under this procedure may be appealed with or
without representation subject to appeal and grievance procedures
indicated in applicable agreements, City policies or Civil Service Rules.
ORIGINAL RESOLUTION ADOPTING THIS POLICY WAS: 11058 APPROVED 11-02-82.
t ~..7
RESOLUTION NO.~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING COUNCIL POLICY NO.
662-05, .SEXUAL HARASSMENT POLICY", BY
ADOPTING AMENDED COUNCIL POLICY NO. 662-05
ENTITLED "GENERAL AND SEXUAL HARASSMENT POLICY.
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, in 1982, the City
Resolution No. 11058 establishing the
and
of Chula vista
Sexual Harassment
adopted
policy;
WHEREAS, since 1982, court cases dealing with sexual
harassment have further defined and clarified the issues and it
has become apparent that a policy that dealt with general
harassment was needed to establish clear and legally defensible
guidelines for all employees in this area; and
WHEREAS, the new policy is a combination of general and
sexual harassment which reflects language that has been developed
through more recent court cases and provides a complaint process
that permits employees who believe that they have either harassed
or discriminated against to take action to correct the situation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby amend Council policy No.
662-05, "Sexual Harassment policy" by adopted Amended Council
policy No. 662-05 entitled "General and Sexual Harassment
policy", a copy of which is attached hereto and incorporated
herein by reference as if set forth in full.
candy Boshell, Director of
Personnel
8819a
Presented by
J3-1
COUNCIL AGENDA STATEMENT
Item 19-
Meeting Date 5/7/91
ITEM TITLE: Resolution t'lSfJ Accepting bids and awarding contract
for purchase of Engine Analyzer/Tester
SUBMITTED BY: Director of FinanceJ)f
REVIEWED BY: City Manager~ (4/5ths Vote: Yes___No~)
Bids were received and opened at 3:00 p.m. on April 24,1991, in the office of
the Purchasing Agent for the purchase of one Engine Analyzer/Bar 90 Tester.
The unit will be used by the Equipment Maintenance Division.
RECOMMENDATION: That Council accept bids and award the contract to Sun
Electric Corporation.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Bi ds were advertised and mailed to four prospective vendors with two bi ds
received.
Bidder FreiClht Amount Sales Tax Total
Allen Testproducts $ 0 $25,863.75 $1,810.46 $27,674.21
San Diego, CA
Sun Electric Corporation 330.58 35,914.00 2,523.98 38,758.56
San Diego, CA
Bid specifications were prepared requesting the latest technology and updating
capability in diagnostic engine analyzing and emission testing equipment. The
expected 1 i fe of the equi pment, with full update capabil ity, is eight to ten
years.
The low bid of Allen Testproducts Models 61-170/99-640 Analyzer/Tester doesn't
meet specifications in the following areas.
1. Specifications required a single unit Analyzer and Tester to
interface information on the visual display monitor. This allows
the mechanic to view one screen only instead of looking at two.
The Allen product is not a single unit, it requires dual monitors.
2. Specifications required an IBM based microprocessor engine
analyzer with the capability of accepting program disks. This
microprocessor provides information on standard computer paper
and is the latest technology in this type of equipment. The
Allen model is not IBM based which is a disadvantage because most
program disks are IBM.
1 If-I
Page 2, Item~
Meeting Date 5/7/91
3. The capabil ity to handl e CD-ROM dri ve to accept General Motors
"Expertec" module and the Mitchell Maintenance module is
required. The General Motors module provides updated information
of problems encountered with GM vehicles, recommends solutions
for repairs, part number and part description. The Mitchell
module provides all the information printed in their shop manuals
and the ability to print out on computer paper any desired
portion of the manual. The Allen module does not have the
capability of accepting the expertec or Mitchell Maintenance
module.
4. The Analyzer is required to receive down loading information from
hand held diagnostic testers. Vehicles will be road tested prior
to repairing the vehicle. A hand held tester will be attached to
the computer plug on the vehicle which transmits a signal to the
hand held Tester. This information is then down loaded to the
analyzer and printout showing problem areas is printed. The
Allen model does not have the ability to accept downloading from
hand held diagnostic testers.
In summary, the Allen Testproduct Analyzer/Tester doesn't meet specifications
and will not provide the equipment desired to analyze today's complex vehicle
systems.
The bid of Sun Electric Corporation meets or exceeds specifications. An added
advantage to the equipment is the provision to accept a bar code scanner when
the State of Cal ifornia requires it. This equipment is acceptable and it is
the recommendation of the Deputy Director of Public Work/Operations that this
unit be purchased.
FISCAL IMPACT: The FY 90-91 budget provides sufficient funds for the
purchase of this equipment.
WPC 0281U
1 tJ,.:Z
RESOLUTION NO.~O
RESOLUTION OF THE CITY COUNCIL
CHULA VISTA ACCEPTING BIDS
CONTRACT FOR PURCHASE OF ENGINE
OF THE CITY OF
AND AWARDING
ANALYZER/TESTER
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the following two bids were received and opened
at 3:00 p.m. on the 24th day of April, 1991, in the office of the
purchasing Agent of the City of Chula Vista for the purchase of
one Engine Analyzer/Bar 90 Tester:
Bidder Freight Amount Sales Tax Total
Allen Testproducts $ 0 $25,863.75 $1,810.46 $27,674.21
San Diego, CA
Sun Electric Corp. 330.58 35,914.00 2,523.98 38,758.56
San Diego, CA
WHEREAS, the low bid of
61-170/99-640 Analyzer/Tester does
numerous areas: and
Allen Testproducts Models
not meet specifications in
WHEREAS, the bid
specifications in all areas
scanner and is acceptable
Works/Operations: and
of Sun
except
to the
Electric Corporation meets
in the printer and bar code
Deputy Director of Public
WHEREAS, it has been recommended that said contract be
awarded to Sun Electric Corporation who has assured the City that
they are a licensed vendor in the State of California and can
produce an acceptable performance bond.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby accept said two bids, and
does hereby award the contract for said engine analyzer/tester to
Sun Electric corporation in the amount of $38,758.56 to be
completed in accordance with the specifications as approved by
the Deputy Director of Public works/Operations of the City of
Chula Vista.
BE
Chula Vista
contract for
IT FURTHER RESOLVED that the Mayor of the City of
is hereby authorized and directed to execute said
and on behalf of the City of Chul Vista.
Lyman Christopher, Director of
Finance
8820a
ed l 0 fo,mx
Presented by
City Attorney
1. Lf.-..3
COUNCIL AGENDA STATEMENT
Item----1L
Meeting Date 5/7/91
Resolution 1.f.1S1 Accepting
for stump cutter
SUBMITTED BY: Director of Finance 1/5
/' .
City Manage~)
f/
Bids were received and opened at 2:00 p.m. on April 15, 1991, in the office of
the Purchasing Agent for the purchase of one stump cutter. The cutter will be
used by the Public Works Tree Division.
ITEM TITLE:
bids and awarding contract
REVIEWED BY:
(4/5ths Vote: Yes___No~)
RECOMMENDATION: That Council accept bids and award the contract to
Vermeer-Calif. Inc.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Bids were advertised and mailed to prospective vendors with the following bids
received.
Bidder Mfqr & Model Unit Price Sales Tax Total
Morrison Industries Rayco RG1670DC $22,012.00 $1,540.84 $23,552.84
Irvine, CA
Direct Edge Rayco RG1670DC 22,500.00 1,575.00 24,075.00
Walnut, CA
Vermeer-Calif. Inc. Vermeer 2465A 33,113.64 2,317.95 35,431.59
Ontario, CA
Bid specifications were written on a stump cutter for use in removal of stumps
in parkway areas. This requires the cutting of roots that are adjacent to
s i dewa 1 ks, curbs, and servi ce 1 i nes. In order to do th i s accurately and
safeLy, the cutting wheel must be aligned parallel to the sidewalk and
gutter. An "articulated tongue" was specified because it hydraulically
telescopes up to 48" and swings left or right to 35'. The operator simply
positions the cutter close to the area to be cut then telescopes out to the
correct distance and swings the cutter right or left to precisely the correct
alignment. The Rayco cutters don't have articulated tongues, the Vermeer does.
Specification required that the cutting wheel be pulled straight across the
machine thereby allowing the machine when aligned, to move in a straight line
until all roots are removed. The Rayco cutter doesn't meet this requirement.
1. 5-1
Page 2, Item~
Meeting Date 5/7/91
The Vermeer has a 36" cutting wheel, where the Rayco has a 28" cutting wheel.
The larger cutting wheel provi des a smoother ope rat i on and fl atter cutt i ng
surface.
Tree Division vehicles are set up to tow equipment with surge brake hook ups.
Surge brakes are hydraulic type, self adjusting and used when heavy equipment
is being towed. The majority of equipment and trailers in Public Works
Operations have surge brakes for rel iabil ity and safety. The Rayco cutter is
equipped with electrical brakes and doesn't have surge brakes available.
The Rayco cutter doesn't meet specification, therefore, it is the
recommendation of the Deputy Director of Public Works/Operation that the
Vermeer stump cutter bid by Vermeer-Calif. Inc. be purchased.
FISCAL IMPACT: The stump cutter is budgeted in the Equipment Replacement
Fund. Sufficient funds are provided for the purchase.
WPC 0282U
LS .-z..
RESOLUTION NO. J'1.51..
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR PURCHASE OF STUMP CUTTER
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the following three bids were
opened at 2:00 p.m. on the 15th day of April, 1991,
of the purchas ing Agen t of the Ci ty of Chula
purchase of one stump cutter:
received and
in the office
vista for the
Bidder Mfgr & Model unit Price Sales Tax Total
Morrison Industries Rayco RG1670DC $22,012.00 $1,540.84 $23,552.84
Irvine, CA
Direct Edge Rayco RG1670DC 22,500.00 1,575.00 24,075.00
Walnut, CA
Vermeer-Calif. Inc. Vermeer 2465A 33,113.64 2,317.95 35,431. 59
Ontario, CA
WHEREAS, the Rayco cutter doesn't meet specifications,
therefore, it is the recommendation of the Deputy Director of
Public works/Operation that the Vermeer stump cutter bid by
Vermeer-Calif. Inc. be purchased; and
WHEREAS, it has been recommended that said contract be
awarded to Vermeer-Calif. Inc. who has assured the City that they
are a licensed vendor in the State of California and can produce
an acceptable performance bond.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby accept said three bids, and
does hereby award the contract for said stump cutter to
Vermeer-Calif. Inc. in the amount of $35,431.59 to be completed
in accordance with the specifications as approved by the Deputy
Director of Public works/Operations of the City of Chula vista.
BE
Chula vista
contract for
IT FURTHER RESOLVED that the Mayor of the City of
is hereby authorized and directed to execute said
and on behalf of the City of Chula vista.
Lyman Christopher, Director of
Finance
8821a
Bruce M.
Presented by
15-3
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date
5/7 /91
SUBMITTED BY:
Resolution 11.15Z Appropriating
the special Municipal Election to
June 4, 1991
Beverly A. Authe1et, City Clerk (YYU
funds for
be held on
ITEM TITLE:
(4j5ths Vote: Yes~ No___l
RECOMMENDATION: It is recommended that the city Council
appropriate $112,000 from the general fund to Account No. 100-0170-
5202 to cover costs for the special municipal election scheduled
for June 4, 1991.
BACKGROUND: On February 26, 1991, city council approved Resolution
16077 which called a special municipal election to be held on June
4, 1991 for the election of Mayor. The Resolution also requested
the Registrar of Voters to conduct the election. However, funds
were not appropriated for the election at that time.
The County of San Diego is now requiring that the cost of the
election be paid up front in order for them to have funds available
to pay bills as services are rendered. The County has estimated
that the cost for the special election will be approximately
$112,000. Please note that this election is more costly that a
regular municipal election because we are not able to share some of
the costs with another agency since there is no other election
being conducted in our city at this time.
FISCAL IMPACT: Appropriate $112,000 from the general fund to
Account No. 100-0170-5202.
1'-1
RESOLUTION NO. 1.'1S2.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING FUNDS FOR THE
SPECIAL MUNICIPAL ELECTION TO BE HELD ON JUNE
4, 1991
The City council of the City of Chula vista does hereby
resolve as follows:
WHEREAS, on February 26, 1991, the City Council approved
Resolution No. 16077 which called a special municipal election to
be held on June 4, 1991 for the election of Mayor; and
WHEREAS, the Registrar of
conduct the election, however, funds
the election at that time; and
Voters was requested to
were not appropr iated for
WHEREAS, the County of San Diego is now requiring that
the cost of the election be paid upfront in order for them to
have funds available to pay bills as services are rendered; and
WHEREAS, the county has estimated that the cost for the
special election will be approximately $112,000.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chu1a vista does hereby appropriate $112,000 from the
unappropriated balance of the General Fund to ACcount No.
100-0170-5202 for the Special Municipal Election to be held on
June 4, 1991.
Boogaard
m by
Beverly A. Authelet, City
Clerk
"~O f
presented by
C ty Attorney
8823a
lirL
ITEM TITLE:
RESOLUTION:
SUBMITTED BY:
REVIEWED BY:
COUNCIL AGENDA STATEMENT
Item 11
Meeting Date 05/07/91
Public Hearing: Housing and Conununity Development needs for the
1991-92 Conununity Development Block Grant (CDBG) Program,
including consideration of funding requests for public services,
community development, and capital improvements
Approving the reallocation of $119,940 from the Norman Park Senior
Center Renovation Project to the Fourth and Orange Park
Development project
Conununity Development Director ~
City Manager i~ (4/5ths Vote: Yes X No )
()
The City of Chula Vista will receive $1,297,000 in 1991-92 CDBG entitlement funds and
anticipates receiving CDBG program income of about $90,000 from the Housing
Rehabilitation revolving fund.
Two public hearings on housing and conununity development needs are held to provide for
citizen participation and public conunent on proposed projects, the program budget and the
Conununity Development Plan. The first public hearing was held on April 17th before the
Montgomery Planning Committee and the second is this public hearing before the City
Council.
No staffrecommendations are being made at this time and the City Council is not exPected
to take anv action on the orooosed budget other than to give desired direction. After
thorough consideration of the public conunent, staff will present funding reconunendations
for Council action at the meeting on May 21st.
The accompanying resolution reallocates $119,940 from the Norman Park Senior Center
Renovation project to the Orange and Fourth Park Development project. This action is
requested now in order to expedite the purchase of the final parcel of Park property. It is
proposed that the Norman Park funding be replaced with a new allocation from 1991-92
CDBG funds.
The 1991-92 CDBG Notebook contains the Program Summary, Funding Recommendations,
and Project Descriptions. Page references are to pages in the Notebook.
11-1
P!!ge 2
Item .11
Meeting Date 05/07/91
RECOMMENDATION: That the City Council:
1. Conduct a public hearing on housing and community development needs and
accept the staff report on the proposed 1991-92 CDBG program.
2. Adopt the resolution approving the reallocation of $119,940 of CDBG funds
from the Norman Park Senior Center Renovation project to the Fourth and
Orange Park Development project.
BOARDS/COMMISSIONS RECOMMENDATION: The Montgomery Planning
Committee has reviewed and recommended Community Development and Capital
Improvement projects in the Montgomery area (see page 15). The Commission on Aging,
Human Relations Commission, and Youth Commission have reviewed the social service
funding requests and have made their recommendations (see recommendations page 16 and
minutes page 19). The Childcare Commission has reviewed just the requests from childcare
providers (see minutes on page 19). The Housing Advisory Committee is reviewing
housing-related proposals and will make recommendations on May 15.
DISCUSSION:
PROPOSED BUDGET
For 1991-92, the City of Chula Vista has $ 1,387,000 of CDBG funding, which includes
entitlement and program income. Forty-three eligible requests for funding were submitted
to the City (or presented by the City) as follows:
Proe:ram Area Requests Amount
Social Services 27 $ 528,979
Community Development 5 208,995
Capital Improvements 7 1,085,829
Planning and Housing 5 88,320
Administration 150.000
TOTAL $2,062,123
11..2..
Page 3
Item ~
Meeting Date 05/07/91
The total amount of funding requests exceeds the total amount of CDBG revenue by
$675,123. Due to the cap on social service spending, the social service budget will need to
be reduced by at least $315,179. The proposed CDBG budget is on pages 1 and 2.
In order to be eligible for funding, a project or service must address at least one of the
CDBG national objectives: 1) Benefit primarily low and moderate-income families, 2) Aid
in the prevention or elimination of slums or blight, or 3) Meet other community needs
having a particular urgency.
The City has previously adopted the 1989-92 Community Development Plan (see pages 5
and 6). This Plan is now proposed for revision as the 1990-91 to 1992-93 Community
Development Plan (see pages 3 and 4). This Plan outlines the City's specific community
development goals and objectives for the CDBG program and provides a guide for funding
recommendations. (In order to be consistent with our 3-year certification period, the
proposed Plan is designed to be retroactive to the current fiscal year).
In order to fund three of the Community Development proposals (Building and Housing
Community Appearance, SBCS Graffiti Eradication, and SBCS Community Development
Corp.) the City will need to make a finding that these activities are necessary and
appropriate in order to meet the goals and objectives of the City's Community Development
Plan.
SOCIAL SERVICE FUNDING REOUESTS
The CDBG regulation on social services spending has been changed this year to allow the
City to allocate 15% of the CDBG entitlement and program income. The City may decide
whether it wants to include program income in the calculation or not. This year the City has
$528,979 in public service funding requests. At the 15% level, the total social services
funding available will be $213,800 if program income is included in the calculation, or
$194,550 if it is not. All of the public service funding requests are CDBG-eligible as they
meet the objective to primarily benefit low and moderate-income families.
The Commission on Aging, Human Relations Commission, and Youth Commission have
reviewed the social service funding requests and have made their recommendations (see
pages 16-18). All three Commissions favored the $213,800 social services budget and made
their recommendations based on this level.
Staff has prepared a Proposal Comparison Table for the Commissions and Council to use
in evaluating the proposals (see pages 28A-30B). This Table can be used in conjunction
with the Social Service Funding Policy and Proposal Evaluation Matrix (see pages 32-33B)
and Social Service Plan Recommendations (see page 31).
11-3
Page 4
Item ~
Meeting Date 05/07/91
As we see the requests for CDBG funding increase from one year to the next, the funding
decisions become more difficult. Social service programs with previous allocations of CDBG
funding keep coming back for more and the number of new programs seeking funding
steadily grows. As a general policy, the City has sought to discourage dependence on CDBG
funding and to encourage seed funding for new programs. Unless otherwise directed by
Council, staff will use this guideline in making staff recommendations and will seek to
recommend a minimum of 25% ($53,450) of social service funds be allocated to new
programs.
Two City Departments have requested a total of $108,653 of CDBG social service funding.
Parks and Recreation has requested $49,000 for the Chula Vista Human Services Center and
$12,212 for the Summer Day Camp. The Library has requested $41,441 for the Chula Vista
Literacy Team. If these programs are not funded with CDBG monies, then the City will
have to look to other funding sources to continue these programs.
COMMUNITY DEVELOPMENT FUNDING REOUESTS
This year the City received proposals from neighborhood-based non-profit organizations and
local development corporations. These proposals are not strictly social service nor capital
improvement, but they all are CDBG-eligible activities. The proposals are grouped under
a new category called "Community Development" and include the following types of
activities: 1) neighborhood revitalization, 2) affordable housing development, 3) capital
improvement projects for non-profit agencies. A total of $208,995 in requests were received
for these activities, as follows:
Neighborhood Revitalization
Neighborhood Improvement Program-Spot Blight
$ 55,000
In cooperation with local neighborhood and civic groups, the Building and Housing Dept.
proposes to expand the Neighborhood Improvement Program with a series of
neighborhood-based code enforcement campaigns to remove spot blight in deteriorating
neighborhoods. The funding requested will pay for dumpsters and equipment.
Graffiti Eradication
$ 43,245
South Bay Community Services (SBCS), in partnership with the Chula Vista Police
Department, is proposing to expand graffiti eradication efforts. SBCS is requesting funds
for the Program Coordinator position. Equipment and supplies will be provided through the
Police Department budget. The program will serve private businesses and residences.
11,c1
Pag,e 5
Item .17
Meeting Date 05/07/91
Affordable Housinl! Development
Chula VISta Community Development Corporation
$ 48,000
South Bay Community Services (SBCS) is requesting funding for the start-up of a local
Community Development Corporation (CDC). The primary goal of the new CDC will be
to develop affordable housing and to initiate community improvement projects. The CDC
can play a vital role in local housing efforts, drawing on financial resources (private and
public) for which they have been granted preference. Projected activities include
preservation of "at-risk" affordable housing, rehabilitation of deteriorated apartments,
construction of new units, and even economic development projects. SBCS is a
well-established local non-profit with an excellent track record of developing new programs.
They have already received $9,000 in funding from the Community Foundation and have
plans to raise an additional $40,000 from the local business and development community for
first year operating expenses. Funds will be used to hire a program coordinator and pay
rent.
Capital Improvement Projects for Non-profits
MAAC Project Office Building Purchase
$ 50,000
Funding is requested to assist with the purchase of a 10,000 sq. ft. office building at 45 Third
Avenue. MAAC Project currently operates alcohol/tobacco education programs from this
location and plans to move its administrative offices there. Approximate cost of the building
is $750,000.
Boys and Girls Qub-Public Address System
$ 12,750
Funding is requested to install a public address system to link 24 program areas and offices
in their 26,000 sq. ft. building. The system will provide better communication which will
increase control and safety of the children.
CAPITAL IMPROVEMENT PROJECTS
This year, the City's CDBG budget and the CIP budget are coming before you at about the
same time. (In previous years, the CDBG budget was approved prior to the CIP budget).
The Council will therefore be able to consider the CIP proiects presented here in the CDBG
budl!et within the context of the overall CIP prol!ram. The proposed budget for seven
capital improvement projects is $1,085,829. The projects are as follows:
11-- 5
Page 6
Item --...11.-
Meeting Date 05/07/91
Neighborhood Revitalization Program
$ 344,279
This proposal is for design and construction of missing public improvements in Otay in the
vicinity of Montgomery Elementary schoo1. This is the first phase of improvements, which
includes sidewalks, curbs, gutters, and street lights. The Otay Committee recommends this
proposal as the top priority for their neighborhood. One alternative source of funding for
this proposal may be the Redevelopment Agency's Low and Moderate-Income Housing
Fund. Staff is investigating the possibility of using these funds instead of CDBG funds. The
issue being explored is whether such a use of the low/moderate funds would satisfy the State
law eligibility test.
Storm Drain-Sierra Way, Broadway to Colorado
$ 275,000
Funding is requested to construct 2000 lineal feet of culvert in Sierra Way. The design has
been completed. CDBG funds previously allocated to this project were transferred to the
Norman Park Senior Center Renovation project.
Park Improvements-Memorial Park Center
$ 255,310
Funding is requested to replace the existing standing seam metal roof and apply stucco
plaster finish to all exterior walls.
Norman Park Senior Center Renovation
$ 119,940
Due to the final cost of the Orange and Fourth Park parcels, funds which were previously
approved to be transferred to the Norman Park project are needed to complete the
purchase of the Park property. Therefore, these additional funds are needed for
construction of the Norman Park Senior Center, currently underway.
Drainage Improvements-Oxford Street, 2nd to Del Mar
$ 55,300
Due to an increase in the cost estimate, additional funding is requested to construct these
improvements. The design has been completed.
Restroom Renovation-Otay Park
$ 36,000
Funding is requested to sandblast interior and exterior walls and re-coat with anti-graffiti
paint; install lockable gates; re-roof to improve ventilation; and install new fixtures and
lighting.
11-(P
Page 7
Item -----1L
Meeting Date 05/07/91
Low-Income Housing Rehab for Water Conservation
$
?
This idea was proposed by a member of the community as a response to the drought. As
proposed, the program would provide low-interest loans or grants to owners of low-income
housing to retrofit units with water-saving fixtures. Staff understands that the County Water
Authority is designing a program to financially assist homeowners with retrofitting for such
fixtures. Also, Chula Vista's policy for requiring no net effect by new subdivisions should
further address this issue. The results of these efforts will likely obviate the need for a City
loan or grant program.
PLANNING. HOUSING and ADMINISTRATION
The proposed budget for 1991-92 includes $150,000 for program administration and staff
costs. These administrative costs represent 11 % of the total budget and include staff costs
for coordination, accounting, monitoring sub-recipients, environmental review, and reporting
requirements.
Staff is requesting that $50,000 be allocated to economic development planning studies.
During the past year and a half, the City has twice made a mid-year reallocation of CDBG
monies to fund economic development planning activities. First, $50,000 was used for legal,
appraisal, and consulting fees for the East H St. Auto Center project; second, $40,000 is
being used for similar purposes on the Nelson-Sloan project. The proposed allocation will
not be designated for any specific study but will be available as needed by the City for
pre-development studies and consultant services.
CDBG regulations require the City to undertake proactive Fair Housing activities. The
Community Development Department is requesting $15,000 to fund a part-time Fair
Housing officer and to undertake a Fair Housing assessment. In addition, San Diego
Resident Relations Foundation has requested $9,900 to provide tenant/ landlord counseling
and mediation services.
In 1987, the City of Chula Vista developed a Social Services Plan to identify health and
human service needs in the City. The Chula Vista Human Services Council is requesting
$8,420 to update the Social Service Plan. Funding will be used to hire a graduate student
intern to do needs assessment and demographic research.
The Otay Committee has requested $ 5,000 in funding to continue volunteer community
revitalization and beautification efforts, in conjunction with the Neighborhood Revitalization
Program (NRP). Their activities include a Community Fair, quarterly newsletter, and
neighborhood clean-up campaign.
.11-1
Page 8
Item --1!l.-
Meeting Date 05/07/91
NORMAN PARK SENIOR CENTER
On December 18, the Council passed Resolutions 15977 and 15996 which requested the
Board of Supervisors to transfer $119,940 in Urban County CDBG funds from the Fifth
Avenue Street Improvement Projects to the Fourth and Orange Park Development Project,
and to transfer the same amount of City CDBG funds from the Fourth and Orange account
to the Norman Park Senior Center account. This pass-through was designed to avert the
need for County environmental review on the Norman Park Senior Center Project.
The transfer of funds from Fifth Avenue was unnecessarily delayed by County staff. In the
meantime, City staff attempted to encumber the Urban County funds in order to purchase
the final parcel at Fourth and Orange. As these funds are needed now in order to close
escrow on the final parcel, and the Norman Park Senior Center Renovation funds will not
be needed until after July 1, 1991, staff recommends that the Council reallocate $119,940
back to the Orange and Fourth Park project by the attached resolution and subsequently
allocate an equal amount of 1991-92 CDBG funds to Norman Park in the final CDBG
budget action.
FISCAL IMPACT:
The City will receive $1,297,000 in CDBG entitlement funds and about $90,000 in program
income for 1991-92.
The 15% cap on social services funding will limit the social services allocation to $213,800
(calculated with program income) or $194,550 (calculated with the entitlement only). This
means that the $528,979 in social service funding requests will have to be reduced by
$315,179 or $334,429.
If the Council allocates $213,800 to social services and $238,320 to Planning and
Administration, then $934,880 would remain to fund $1,294,824 in Community Development
and Capital Improvement projects. In order to balance the CDBG budget, $359,944 of
requested funds would need to be cut out. (This cut would be increased if the Water
Conservation project is funded as no amount has yet been budgeted for this project). This
is just one funding scenario; the Council may balance the CDBG budget by reducing or
eliminating funding for any project in any category.
Approval of the Resolution will transfer CDBG funds from Norman Park to the Orange and
Fourth Park. 1991-92 CDBG funds in the amount of $119,940 will be needed to replace the
transferred funds.
[C:\WP51 1A-113S\CDBG-2. WPD)
jJ,rI11...'o
REVISED PUBLIC HEARING
.
Notice of PUBLIC HEARING for the
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROGRAM
Chula vista residents are invited to a public hearing before
the City Council of Chula vista for the purpose of hearing
testimony on HOUSING AND COMMUNllY DEVELOPMENT NEEDS:
TuesddY, May 7, 199tdt 4:00 P.M.
City Council Chambers, Public Services Building
276 Fourth Avenue, Chula Vista
Any person desiring to be heard may appear.
The City of Chula vista will receive a CDBG entitlement of
$1,297,000 and program income of about $90,000 for 1991-92.
The City proposes to use these funds for public facilities
and improvements, social services, fair housing, and other
community development needs.
These activities will primarily benefit low and moderate
income families, aid in the prevention or elimination of
slums or blight, or meet other community development needs
having a particUlar urgency. Between 70 and 90% of the
funds will be targeted to benefit low-income households.
.
The following COMMUNITY DEVELOPMENT OBJECTIVES are proposed
by the City of Chula vista to meet the needs of low- and
moderate-income persons:
Assist SENIOR CITIZENS
Provide COUNSELING and CAREER GUIDANCE
Promote FAIR HOUSING
Construct PUBLIC IMPROVEMENTS
Assist FAMILIES IN NEED
Create JOB OPPORTUNITIES
Rehabilitate EX-OFFENDERS
Treat FAMILY ABUSE cases
Expand RECREATIONAL facilities
Expand HOUSING OPPORTUNITIES
The complete CDBG Budget, Community Development Plan, and
related documents are available for examination at the
Community Development Dept., 276 Fourth Ave and the city of
Chula vista Library, 365 F st. For more information, please call David
Harris at 691-5016.
Any petitions to be submitted to the City Clerk must be
received in the Clerk's office no later than noon of the
hearing date.
1.. 7-9
. .
If you wish to challenge the City's action on this matter in
court, you may be limited to raising only those issues you
or someone else raised at the public hearing described in
this notice, or in written correspondence delivered to the
City Clerk at or prior to the public hearing.
DATED: April 10, 1991
Beverly A. Authelet
city Clerk
t1~~
RESOLUTION NO. ~
RESOLUTIoN OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING REALLOCATION OF COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FROM NORMAN
PARK SENIoR CENTER RENOVATIoN PROJECT To THE
ORANGE AND FOURTH PARK DEVELOPMENT PROJECT
The City Council of the City of Chula vista does hereby resolve
as follows:
WHEREAS, the City of Chula Vista wishes to complete the
purchase of the property at Fourth and orange Avenues for the
Park Development Project but requires additional funding.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the
City of Chula vista approves the reallocation of $119,940 of CDBG
funds from the Norman Park Senior Center Renovation Project to
the orange and Fourth Park Development Project.
'O:r)
Presented by
Chris Salomone
Community Development Director
Bruce M. Booga
City Attorney
11~J1
COUNCIL MEMBER JERRY RINDONE
Graffiti Abatement Program
May, 1991
GENERAL PURPOSE--Eradicate graffiti from neighborhoocs that
are the primary target and location of such vandalism and
associated gang activities. This program will offer Chula
Vista a comprehensive approach to combating the
deterioration which impacts our older neighborhoods. This
relationship between criminal activity and dilapidated
property has been labeled by experts at the "Broken Window
Theory." A brief discussion of this relationship is found
in the attached article, "Making Neighborhood Safe," by
Professors James Q. Wilson and George Kelling.
GOAL AND OBJECTIVE--The intent behind this proposal is to
enhance Chula vista's existing graffiti abatement program by
offering a more comprehensive scope. Only by devoting the
necessary combination of public and private resources can
Chula Vista avoid the proliferation of gangs, drug dealers
and vandalism which signal the start of the vicious spiral
of urban deterioration.
HIGHLIGHTS--
1. Prevention:
a. Elementary SchoOl Education
b. Community Education
c. Recreation Alternatives
2. Eradication-a pUblic/private partnership:
a. Graffiti Buster Abatement Parties
b. Utility Box Artwork
c. Hot-line & Rewards
d. Code Compliance Officer
3. State and Local Legislation-regional strategies?
a. Felt-tip Marker Ordinance
b. Graffiti Abatement Community Service
Districts-SB 224 by Senator Watson.
~
STRATEGY--Council member Jerry Rindone proposes ~ creation
of a multi-faceted approach to address existing ~d future
graffiti problems by focusing-llpon three elements: (1)
Prevention; (2) Eradication-public/p~ate partnership; and
(3) State and local legislation-evaluation of regional
~~
strategies. Although the City of Chula Vista does have an
existing graffiti abatement program, a comprehensive
strategy is necessary in order to provide Chula Vista with a
long term solution to the root of graffiti and its
associated problems.
PREVENTION
1. Elementary School Education: Many graffiti vandals
are ordinarily of pre-teen or teen aged. In order to deter
youth from becoming graffiti vandals, elementary school
children need to develop a sense of community pride and
respect for private and public property. This might include
a series of programs where elementary school children
participate in neighborhood clean-ups or even assist in
removing graffiti from parts of their school, playgrounds
and parks. Any education effort could be coordinated
through Chula Vista's existing anti-drug and anti-gang
educational components-Police Dept's DARE program, for
example. The City'S after school Park and Recreation
Program could work together with the schools and pOlice to
coordinate such educational efforts.
2. Community Education: Community awareness is also
necessary to develop community support for graffiti
abatement and to encourage the property owners victimized by
graffiti to quickly respond by removal as soon as possible.
One way to education the community is to create a graffiti
hotline where citizens can register the location of new
graffiti. Since such a centralized system might be easily
inundated with calls, the police department could work
closely with "neighborhood watch" block captains to assist
in
the identification of graffiti.
As part of this hotline, a system of rewards could be
developed for information which leads to the apprehension
of graffiti vandals.
3. Recreational Alternatives: Graffiti is generally
the first sign of organized gang activity. One of the
reasons for graffiti and the associated gang presence is the
lack of alternatives for our youth. Council member yerry
~ Rindone proposes to expand Bl.e ~ ~ RecreatTOn
Department' s after school recreational proqram.l2l u*g~
combination of volunteers to assist paid staff.
-
As a former Chula Vista Parks and Recreation Department
,r Rec Leader, Council ~er Rindope knows ~w i~portant /1
after-school recreatlon programs can be for young children,.
They are especlally important wlth~e-advent of more
"latch-key" children. We see a direct relationship between
the lack of adult supervision and recreational alternatives
and the increase in graffiti and gang related activities.
,~-~
Current after-school recreational programs only provide
one part-time leader. The addition of more staff to Chula
Vista's after school recreational programs is something that
Council member Rindone has championed for many years as a
member of the City's Parks and Recreation Advisory
Commission. The concept of using well trained and highly
qualified volunteers is a cost effective means to expand our
after school programs.
ERADICATION
Graffiti vandals "tag" property in order to gain
recognition; the rapid removal of graffiti deprives them of
this recognition. Council member Rindone's comprehensive
graffiti abatement program would encourage graffiti
eradication by property owners and volunteer groups. This
will accomplish two things: (1) instill a sense of community
responsibility and civic pride in painting out graffiti as
soon as it appears as well as make a statement to the gangs
as to who controls the neighborhood--the residents! (2)
reduce potential costs by developing a public-private
partnership in removing graffiti.
1. Graffiti Buster Parties--Effective and timely
removal of graffiti can only be accomplished with a
combination of public and private efforts. Council member
Rindone would propose that Chula Vista's Volunteer
Coordinator and its existing Graffiti Abatement staff work
with local civic groups and business associations to
coordinate neighborhood graffiti clean-ups. Private
resources could be tapped to donnate paint and materials.
Members of various community organizations could be
coordinated to assist in painting out the graffiti.
This effort, with the City acting as a catalyst, could
expand to include the County Probation Department's
public work service defendants supervised by the Probation
Department to paint graffiti. This team would work closely
with the Parks and Recreation Department and the Elementary
School District in implementing the educational component.
2. Utility Artwork--A rather innovative approach to
combating graffiti was implemented by a city in West
Germany. As the attached article indicates, graffiti is
less likely to happen where artwork already exists. Since
utility boxes are a common target of graffiti vandals, why
not announce a public schools artwork contest to paint
murals on the utility boxes. This is something which the
Volunteer Coordinator and staff from Chula Vista's existing
graffiti abatement program could coordinate with the local
schools.
3. Code Compliance Officer--Despite the use of
volunteers and the contributions of private resources, it
~~
will be necessary to supplement City staff if this
comprehensive graffiti abatement program is going to be
effective. The addition of a code compliance officer to
assist in the enforcement, identification and eradication of
graffiti would be a comparatively minimal costs. This
person could also assist in the educational efforts and
coordination of neighborhood graffiti clean-ups.
STATE AND LOCAL LEGISLATION
Chula Vista must continue to explore new legiSlation at the
state and local level which could assist in the eradication
of graffiti. In addition to the current proposals now under
review by the City Attorney and City Manager, Council member
Rindone would also request they look at other ordinances
from San Diego and Oceanside.
At the attached newspaper articles illustrate, graffiti is a
"regional" problem. Last year State Senator Diane Watson
enacted legislation which would permit cities and counties
to form "graffiti abatement" community service districts.
This year she is expanding that authority to include the
ability to impose an additional tax on aerosol spray cans.
The funds would then be used by this multi-city service
district to fund graffiti abatement efforts. Council member
Rindone would propose that staff take a look Senator
Watson's
existing proposal.
CONCLUSION
Graffiti in our communities will not disappear overnight.
We must be persistent and committed to its removal. This
tells the gang members and graffiti vandals that "we" are in
control of our communities, not them!
~1
April 18, 1991
~.
FROM:
Legislative Committee
Sid Morris, Deputy City Manage~
Legislative Analysis
TO:
SUBJECT:
I. ReQuires Council Action
SB 776 (Killea) - San Diego/Coronado Bridge: Tolls. This legislation
would authorize the City of Coronado to use tolls from the bridge for
congestion and pollution through subsidization of alternative forms of
transportation. Staff Recommendation: Support
II. Addressed bv LeQislative ProQram thus ReQuires no Council Action.
Transmitted for Your Information Onlv.
SB 1155 (Bergeson) - Redevelopment: Special Supplemental Revenue. This
legislation proposes to reduce supplemental revenue to redevelopment
agencies. Staff Recommendation: Oppose
AB 315 (Friedman) - Redevelopment: Low and Moderate Income Housing. This
legislation proposes to increase the current 20% set aside for low and
moderate income housing to 40% and 50%. Staff recommendation: Oppose
AB 1865 (Houser) - Redevelopment: Sales and Used Tax. This legislation
would require redevelopment agencies to share 30% of any increases in
sales or used taxes generated from a project assisted by another agency.
Staff recommendation: Oppose
SCA 11 (Morgan) - General Obligation Bonds - This legislation would allow
approval of local General Obligation Bonds by a simple majority of voters,
rather than the 2/3rds extraordinary vote requirement. Staff
recommendation: Support
SB 82 (Kopp) - Property Tax: Revenue Increase to Cities by Closing
Loophole for Business Properties that Change Ownership. This legislation
would reform transfer of ownership statutes to provide for more frequent
reassessment of corporate and partnership property so that these sales are
treated more like sales of individuals residences. Staff recommendation:
Support.
SB 445 (Deddeh) - Cost Recovery for Removal of Asbestos in Public
buildings. This legislation would authorize any public entity to bring a
civil action against any manufacturer of asbestos containing products for
damages based upon the cost of removing or treating materials containing
asbestos in buildings or facilities owned by a public entity. Staff
recommendation: Support.
If you have any questions, please contact me or Iracsema Quilantan at 691-5031.
cc: Chuck Cole, Advocation, Inc.
~
2IJ~ L
CITY OF CHULA VISTA
LEGISLATIVE ANALVSIS
Legislative No.
Author
Title
SB 776
Killea
San Diego/Coronado Bridge: Tolls
Sponsor
League Position
Related Bills
As Introduced
City of Coronado
Status
None
N/A
March 7, 1991
As Amended
Pending Senate Transportation Committee:
Hearing - May 7, 1991
N/A
Backaround
This analysis is being transmitted to you in response to a written
communication from the City of Coronado requesting Chula Vista's support of SB
776 which will be heard in the Senate Transportation Committee on May 7, 1991
at 1:30 p.m. Under existing law tolls authorized to be collected for crossing
the San Diego/Coronado bridge and the proceeds of the tolls are to be used for
bridge operation, maintenance, rehabilitation and improvement, as well as
improving approaches to the bridge.
SB 776 would:
Authorize tolls from the bridge to be used, in conjunction to the
purposes stated above, to relieve automobile related bridge congestion
and pollution through subsidization of alternative forms of
transportation including ferry service and connecting mass transit
systems.
Delete an obsolete provision relating to a study to be completed by
July 1, 1989.
Imoact
This proposal has no direct impact on the City of Chula Vista. It would
improve the qual ity of 1 ife in Coronado and adjacent areas by authorizing
tolls from the bridge to be used for relieving bridge congestion and pollution
through subsidization of alternative forms of transportation.
Recommendation
That the City Council authorize staff to prepare a letter for Mayor's
signature in support of SB 776 to the City of Coronado and the appropriate
legislative committees. SB 776 has been reviewed by the City of Chula Vista's
Transit Coordinator who concurs with staff's recommendation. This measure is
not addressed by the legislative program, this reauires Council action.
'90 Leg Program
Sec. Reauires Action
Date To Counc il
Action
4/23/91
Suooort
Letter(s) Required
Ves-L No_
WPC 3644A/0009V
~-3
;uJ-L
.
00 \YJ ~ W
APR - 5 /991
,&COUNCll OFFICES
UtA VISTA, CA
MARY HERRON
MAYOR
(619) 522-7322
CITV OF CORONAOO
OFFICE OF THE MAYOR
1825 STRAND WAY
CORONADO, CA 92118
April 3, 1991
Honorable Leonard Moore
276 Fourth Avenue
Chula Vista, CA 92010
RE: SB 776 {KiIleal San Diel!o-Coronado Bridl!e: Tolls
Dear Mayor Pro Tern Moore:
The City Council of the City of Coronado has been diligently working to see
legislation, which would authorize tolls from the bridge to be used for relieving bridge
congestion and pollution through subsidization of alternative forms of transportation,
introduced.
This bill is a result of our own Unified Transportation Plan which stated specifically to
request legislation to enable the use of toll revenues for funding of the UTP Alternative
Modes Program.
Existing law authorizes tolls to be collected for crossing the San Diego-Coronado
Bridge and the proceeds of the tolls to be used for bridge operation, maintenance,
rehabilitation and improvement, and improving approaches to the bridge.
In addition, this measure would authorized tolls from the bridge to relieve automobile-
related bridge congestion and pollution through the subsidization of alternative forms of
transportation, including, but not limited to, ferry service and connecting mass transit
systems.
We are extremely pleased in having the bill introduced and would like to have the
support from the City of Chula Vista. SB 776 will be heard in the Senate
Transportaion Committee on May 7, 1991 at 1:30 p.m.. Senator Bergeson and Senator
Killea both represent San Diego on the Committee. The Chairman of the Committee is
Senator Kopp. Please help with the passage of SB 776 by submitting letters of support
to both the Chairman of the Committee and our own Representatives.
Coronado will continue to work for the passage of SB 776. If you have any questions
or comments, please do not hesitate to contact me. Thank you.
Sincerely,
~~
Mayor
6\\P~v
~ ;2.0-4--
PAGE 1
Display 1991-1992 Bill Text - INFORMATION
BILL NUMBER: SB 776
BILL TEXT
INTRODUCED BY Senators Killea, Bergeson, Craven, and Deddeh
(Coauthors: Assembly Member. Alpert, Chacon, Frazee, Gotch,
and Hunter)
MARCH 7, 1991
An act to amend Section 30796.7 of the Streets and Highways Code, relating
to transportation.
"
LEGISLATIVE COUNSEL'S DIGEST
SB 776, as introduced, Killea. San Diego-Coronado Bridge: tolls.
Existing law authorizes tolls to be collected for crossing the San
Diego-Coronado Bridge and the proceeds of the tolls to be used for bridge
operation, maintenance, rehabilitation and improvement, and improving
approaches to the bridge.
This bill would authorize tolls from the bridge to be used, in addition to
the purposes stated above, to relieve automobile-related bridge congestion and
pollution through subsidization of alternative forms of transportation,
including ferry service and connecting mass transit systems. The bill would
delete an obsolete provision regarding a study to be completed by July 1,
1986.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 30796.7 of the Streets and Highways Code is amended to
read:
30796.7. (a) Notwithstanding Section 30101 or 30102, except for the
purposes of subdivisions (b) and (c), a toll may not be collected from any
person crossing the San Diego-Coronado Bridge after the bonds issued to
construct the bridge have been retired.
(b) The commission may continue to collect tolls for the purposes of bridge
operation, maintenance, rehabilitation, and improvement and improving the
approaches to the bridge.
~
----~
PAGE 2
Display 1991-1992 Bill Xext - INFORMATION
BILL NUMBER: SB 776
BILL TEXT
(c) In addition to the purposes for which tolls may be collected pursuant
to subdivision (b), tolls may also be ee~~ee~ea fer ~he p~rpeee ef
f~ftaiftg a a~~aYT ee ~e eefta~eeea ~y ehe aapareaeft~T ef
_raft.per_._~eft tmpreYemen~. and pregrame ee .ii.Y~.~e Br~dge-r.i.~ed
er.ft.pere.eieft pre~~em.T 'he .e~ay .h.~~ ~e eemp~e~ea afta e~~.i~~ea
wi~h reeemmefta.~ieft. ee ehe eemmi..ieft fte~ ~.~er eh.ft ~~~y iT i986
used to relieve automobile related bridge congestion and pollution
through subsidization of alternative ~ 2! transportation
including, ~ ~ limited to, ferry service ~ connecting !!!!
transit systems .
tat 'he eeamis.ieft .h.i~ eefta~ee a p~Diie heariftg fer ~h.
p~rpe.e ef reeeiviftg iftp~e fre. ehe eiey ef S.ft BiegeT ei~y ef
8ereft.aeT Saft Biege A..eei.eieft ef 6evernmefte.T afta e~her. eft ehe
i..~e ef ehe ievei ef ehe ~eii. eh.rgeaT He~ i.~er eh.ft ~.ft~.ry
iT i98TT ~he eemmi..ien .h.~i een.iaer ehe p~D~ie inp~~ ana ehe
aep.r~.en~~e ee~ay reeemmena.eien. e~D.ieeea p~r.~.n~ ~e .~Daivi.ien
tet afta ae~ermift. wh.~her er nee ee .ake any revi.ien ~h.e .ay D.
ft.e....ry in ehe Driage ee~~ ra~e.T
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Sometimes "fixing broken windows" does more
to reduce crime than cont'entional "incident-oriented" policing
MAKING NEIGHBORHOODS SAFE
B\' J"~IES Q. WILSO:--'- A:--'-D GEORGE L. KELLI:--'-G
NE\\' BRL\RFlELD APART\lE:'\;TS IS :\:-.: OLD, Rl":"-:-
down collection of \,,'ooden buildings constructed
in 1942 as temporarv housing for shipvard work-
ers in ~ewport 7\"ews, Virginia. By the mid-1980s it was
"idelv regarded as the worst housing project in the city,
~Ianv of its vacant units provided hiding places for drug
users, It had the highest burglaty rate in :'\ewport :'\ews;
nearly a quarter of its apartments were broken into at least
once J year.
For decades the police had wearilv answered calls for as-
sistance ;}nd hOld invc!.ltigatcd crimes in :'\C\\o' Briarfield.
:'\Ot much came of this police anentiveness-the build-
ings went on deteriorating, the burglaries went on occur~
ring. the residents went on living in terror. Then, in 1984,
Deeect;-:e Tony Duke, assigoed to . newly created police
tJsk fore:. dec;ded to interview the residents of :"Iew
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Briarfield about eheir problems, :'-ioe surprisinglv, he found
that they were worried about the burglaries-but they
were just as concerned about the physical deterior;1tion of
the project. Rather than investigating only the burglaries.
Duke spent some of his time investigating the buildings,
Soon he learned that many cicy agencies-the fire depart-
ment, the public-works department, the housing depart-
ment-regarded New Briarfield as a major headacho, He
also discovered ehae its owners were in default on a federal
loan and that foreclosure was imminent.
The report he wrote to Darrel Stephens. then the police
chief, led Stephens to recommend eo the cicy manager that
:'\ew Briarfield be demolished and its tenants relocated.
The city manager agreed, Meanwhile, Barr,' Haddix. the
patrol officer assigned to the area. began working with
members of other city agencies to fix up the project, pend-
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ILLUSTRATIONS BY ROSALIND IVENS
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ing its eventual replacement. Trash was carted away, aban-
doned cars were removed, potholes were filled in, the
streets were swept. According to a study recently done by
John E. Eck and William Spelman. of the Police Execu-
ti\'e Research Forum (PERF). the burgla,,' rate dropped by
35 percent after Duke and Haddix began their work.
Stephens. now the executiye director of PERF. tells the
srory of the "ew Briarfield.project as an example of "prob-
lem-oriented policing." a concept de,'e1oped by Professor
Herman Goldstein. of the Cni\'ersit\' of Wisconsin Law
School. and sometimes also called communi~"-orien[ed
policing. The con\.entional police strategy is "incident-ori.
ented"-a citizen calls to report an incident. such as a bur-
glary. and the police respond by recording information rel-
e\"ant to the crime and then trying to soh"e it. Ob"iously,
when a crime occurs, the victim is entitled to a rapid, ef.
fecti\"e police response. But if responding to incidents is
all that the police do, the community problems that cause
or explain many of these incidents will never be ad-
dressed. and so the incidents will continue and their num.
ber will perhaps increase. r
This "'ill happen for two reasons. One' thaq:.lot of se.
rious crime is adventitious, not the result f inexorable so.
cia I forces or personal failings. A rash of urglaries may oc-
cur because dtug users have found a ack alley or an
abandoned building in which to hang t. In their spare
time, and in order to get money to bu. drugs, they steal
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from their neighbors. If the back alle\'s are cleaned up and
the abandoned buildings rom down. the drug users will go
away. They may even use fewer drugs. because the~" will
ha\'e difficul~' finding convenient dealers and soft bur.
glary targelS. y the same token. a neglected neighbor.
hood may be e the turf of a youth gang. whose memo
bers commit mo crimes together in a group than the\
would if the\' were ting alone. If the gang is broken up.
former members will s . I commit some crimes but prob.
abl\' not as many as befor ~~
~Iost crime in most neigh oods is local: the otTend.
ers li\'e near their victims. Because of this. one should not
assume that changing the em"ironmental conditions con.
duci\.e to crime in one area will displace the crime to other
areas. For example. when the :'\e\\' York City police com.
missioner. Ben \\'ard, ordered Operation Pressure Point. J
crackdO\m on drug dealing on the Lower East Side. dell.
ing and the criminality associated with it were reduced in
that neighborhood and apparently did not immediateh
reappear in other. contiguous neighborhoods. Suburban
customers of the local drug dealers were frightened a"'a~
by the sight of dozens of police officers on the streets
where these customers had once shopped openly for
drugs. They could not-at least not right away-find an.
other neighborhood in which to buy drugs as easih' as the\'
once had on the Lower East Side. At the same time. the
local population included some people who were \\'illing to
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..-. " '
,,.,....:.. -,. : -- --.
~ '- -". .
/'~"-" ..' -'-< ~.
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.:
THE .\TL" 1'1(: \lC)'TtlLY
.Jill and abet the drug de:.llers. \\'hen the police present:e
m;lde drug dealing unattractive. the dealers could oOt-
.J~:J.in. at least not for the time being-tind Jnother neigh-
hnrhnad that provided an equivalent sacial infrastructure.
The second reason th:.lt incident-oriented police work
f.lils to discourage neighborhood crime is th:lt bw-abiding
citizens who are afraid to go out ontO streets tilled with
zulliti, winas, and laiteting yauths yield cantrol af these
,treets to peaple wha are nat frightened by these signs af
urbJn decay. Those not frightened turn out to be the same
peaple who created the problem in the first place. Law-
abiding citizens, already fearful, see things occurring that
ffiJke them even more fearful. A vicious cycle begins of
fear-induced behavior increasing the sources of that fear.
.\ Los Angeles palice sergeant put it this wav: ~n
eo Ie in this district see that a gang has spray-painted its
initials n all t e sto SI s. ev eCI t nor
the neople.or the Dolice. controls the streets. \\"hen they
discover that the Department of Transportation needs
three months tQ replace the Stop signs. the" deCide m:J.t
the (it\.' isn't as e...owerful as the ~anE!:. illese people want
us to help them.Qke back the streets." Painting gang svm-
bols on3 Stop sign or a storefront is not, by itself. a serious
crime. .\s an incident. it is trivial. But as the s"mptom of a
problem, it is very serious. -
I:..; :\:'\,; EARLIER ARTICLE l:-';: THE .-\TLA....,T1C(\t.\RCH. 19K!)
we called this the problem af "broken windaws': If
the fitst broken window in a building is nat repaired,
then pea pie who like breaking windows will assume that
no one cares abaut the building and mare windaws will be
broken. Soon the building will have no windaws. Like-
wise, when disorderly behavior-say, rude remarks by loi-
terin~ youths-is left unchallenged, the signal ~iven is
that no one cares. The disorder escalates. possibly to seri-
ous crime.
The sort af pal ice wark practiced in "ewpart "ews is
an effort to fix the broken windows. Similar projects are
under way in cities all over .\merica. This panern consti-
tutes the beginnings of the most significant redefinition of
police wark in the past half century. Fur example:
. When a ~unfi~ht accurred at Garden Villa~e, a luw-
income hOllsin~ project near Baltimore. the Baltimore
Countv palice respanded bv iO\esti~",in~ both the shoot-
in~ and the hausin~ project. ChiefCuroelills Bchan dircct-
ed the officers in his Community Oricrlteu Po!il:c Enfon.:c.
mcnt (COPE) unit to finu out what ulldJ be done: to
aH
/) i' -
17.'/....
:J.lleviate the fears of the project residents and the g:lOg
tensions that led [Q the shooting. COPE officers worked
with members of other agencies to upgrade street lighting
in the atea, ttim shrubberv, install daat lacks. repait the
roads and allevs. and ~et maney to build a pla"grollnd.
\\Iith police guidance. the ten:J.nts org;anized. .-\t the Sjme
time, high.visibility patrols were started and gang mem-
bers were questianed. When bath a suspect in the shaat-
ing and a particularlv traublesame parole vialatOr were ar-
rested, gang tensions e:J.sed. Crime rates dropped. In
bringing abaut this change, the palice dealt with eleven
different public agencies.
. When lacal merchants in a "ew Yark City neighbar-
haad camplained to the pol lice abaut homeless persans
who created a mess on the streets and whose presence
frightened away cuswmers. the officer wha respanded did
not roust the vagrants but instead suggested that the mer-
chants hire them [Q clean the streets in front of their stores
every morning. The merchants agreed, and now the
streets are clean all day and the customers find the stores
more attractive.
. When peaple in a Las Angeles neighbarhaad cam-
plained to the police abaut graffiti an walls and gang sym-
bols on Stop signs. officers assigned to the Community
:>'labilizatian Project in the Wilshire statian did mare than
just try to catch the gang vauths wha were wielding
the spray cans; they also organized citizens' groups J.nd
Boy Scouts to paint over the graffiti as fast as they were pUt
U .
. When residents af a Hauston neighbarhaad became
featful abaut crime in their area, the pal ice not ani,' redau-
bled their effarts to salve the burglaries and thefts but alsa
assigned some officers to talk with the citizens in their
homes. During a nine-month period the officers visited
mate than a thitd af all the dwelling units in the area, in-
troduced themselves, asked abaut any neighbarhaad prob-
lems, and left theit business cards. When Antony Pate and
:>'Iary Ann Wycaff, researchers at the Pal ice Faundatian,
evaluated the project, they faund that the people in
this area, unlike others living in a similar area ,....here no
citizen.contact project occurred, felt that social disorder
had decreased and that the neighborhaad had became
a better place to live. ~Ioreover. and quite unex-
pectedly. the amount of property crime was noticeably
reduced.
These are all examples of community-oriented policing.
whase current papularity aman~ pal ice chiefs is as great as
the ambiguity of the idea. In a sense, the police have al-
ways been community-oriented. Every police officer
knows that most crimes don't get solved if victims and wit-
nesses do not cooperate. One way to encourage that coop-
eration is to cultivate the good will of both victims and \vit-
nesses. Similarly, police-citizen tensions. over racial
incidents or allegations uf brutality or hostility, C.ln often
be allayed. and snmetimes prevented, if police olliccrs stav
in dose wut:h u'ith community groups. Accoruingly, OlO'it
departments have;It 1cJ.~t one: (.:ommllnit~'-rcla(ion'i otnL.cr,
1.1'111(1 \H\ 1''''\'/
'1'111".\ I I " 1 1 ( \1 I)' I Ill. \
who arranges meetings hetween officers and CitIzens
~roups in {'hurch basements and other neutral locales.
But these commonplace features of police work are add-
ons, and rarely alter the uaditional work of most parrol of-
ficers and detectives: responding to radio calls about spe-
cific incidcnts. Thc focus on incidc.nts works agains~ a
focus on problems. If Detecti,'e Tony Duke had focused
only on incidents in :\'ew Briarfield. he would still bc in-
,'cstigating burglaries in that housing project; meanwhile,
the communits-relations officer would be tellin~ outraged
residents that the police were doing all they could and urg-
ing people to call in any useful leads. If a tenant at one of
those meetings had complained about Slopped-up drains.
rotting floorboards. and abandoned refrigerators, the cam-
muniry-relations officer would have patiently explained
that these were not "police matters."
And of course, the,' ate not. They are the responsibility
of the landlord, the tenants themselves, and city agencies
other than the police. But landlords are sometimes indif,
ferent, tenants rarely have the resources to make needed
repairs, and other city agencies do not have a twenty-four.
hour emergency service. Like it or not. the police are
about the on'" cits a~encs that makes. house calls around
the k. And like it or not, the ublic defines broadly
what it thinks of as public or er, and 01 s the police re-
sponsible far maintaining order.
Community-oriented policing means changing the daily
work of the police to include investigating problems as
well as incidents. It means defining as a problem whatever
a significant body of public opinion regards as a threat co
communi~' order, It means working with the good guys.
and not just against the bad guvs.
The link berween incidents and problems can some-
times be measured. The police know from experience
what research by Glenn Pierce, in Boston, and Lawrence
Sherman, in ~linneapolis, has established: fewer than 10
I'ercent of the addresses from which the police receive
calls account for more than" 60 percent of those calls. Many
of the calls invoke domestic disputes. If each call is treat-
. cd as a separate incident with neither a history nor a fu-
ture. then each dispute will be handled by police officers
anxious to pacify the complainants and get back on patrol
as quickly as possible. All too often, however, the dispu-
tants mO\'e bevond shouting insults or throwing crockery
al eal'h other. A knife or a !(un may be produced, and
somebody may die,
A ,'e" large proportion of all killings occur in these do-
mestic senings, A study of domestic homicides in Kansas
Citv showed that in ei!(ht out of ten cases the police had
been called to the inddenr address at least once before; in
half the cases thev had been called/it'e times or more. The
police are familiar with this pattern, and they have learned
how best to respond to it. An experiment in Minneaoolis.
conduned bv the Police Foundation, showed that men
who Wen: arrested after assaulrin their souses were
mlH,:h less likc:'" to commit new aSSilU ts than those who
were n-H..n:l~ pJ~'1fled or askco to lean' (he house for a fe\\
FFlUU \H.' 1'11'(4
-
~ ~'j
(~t.(
hours. Research is now under W3\ in other cities (0 (c....[
~nding. Arrest may rHO\"C alwa'ys to be the best dispo-
sition. or we ma'y learn that some kind of intervention In J
social agency also helps, \'.hat is indispUtable is that;} do-
mestic fight-like many other e"ents to which the police
respond-is less an "incident" rhan a problem like" to
have serious. long-tcrm consequences.
A at r su h roblem, familiar [Q ~ew Yorkers. is ~raf-
fiti on subway cars. \\"hat to some aesthetes is fa an IS [Q
most people a sign that an important public place is no
longer under public control. If graffiti painters can attack
cars with impunity. then muggers may feel they can attack
the people in those cars with equal impunity. \\'hen we
first wrote in these pages about the problem of broken
windows, we dWl'"lt on the e-raffiti problem as an example
of a minor crime creatine: a maior crisis,
The police seemed powerless to do much about it.
They could arrest youths with cans of spray paint. bur for
everyone arrested ten more went undetected. and of
those arrested, few were punished. The New York Transit
Authority, led by its chairman, Robert Kiley, and its presi-
dent, David Gunn, decided that graffiti-ftee cars were a
major management goal. ,,"ew, easier-to-c1ean cars were
bought. More important, key people in the Authority were
held accountable for cleaning the cars and keeping them
clean. Whereas in the earl,. 1980s tWO out of eve,,' three
cars were covered with graffiti, today fewer than one in si:x
is. The Transit Police h,,'e played their part by arrestin~
those who paint the cars, but they have been more suc.
cessful at keeping cars from being defaced in the first plal:l:
than they were at chasing people who were spraying al-
ready defaced ones.
WHILE THE PHR-\SE "CO\I\U.:,,\ln..ORIESTED POLH .
ing" comes easily to the lips of police administfJ.
tors. redefining the police mission is more diffi-
cult, To help the oolice be~ome accustomed to fixine- broken
windows as well as arrestinl! window-breakers reauires do.
in thi e v r\" hard for man\" administrators to do,
Authority Q\"er at least some patrol 0 cers must e de.
centralized, so that they have a good deal of freedom [0
manage their time (including their paid overtime). This
implies freeing them at least partl~: from the tyranny or the
radio c31L It means giving them a broad range of responsi-
bilities: to find and understand the problems that creare
disorder and crime, and to deal with other ubilc and pri-
"ale a,l;!;encies thar can he p cope WI[ t ese problem.... It
rH~.\ rl._\:'\. lie \I0'TIIL'
:11~JnS Jssigning the:m [0 J neiRhborhood Jnd le:J,-ing them
(here for an extended period of time. It meJ.ns ba{,;king
the:m up with dep:.lnme:nt support Jnd re:sourct:s.
The: reason these Jre nO( e;lsy thin~s for police chiefs [0
Jo is not simply thJ.t chiefs jre sl:J\"es to u:.ldition, though
..001e imp:.ltient ad\"oc:.ltes of community-oriented policing
llkc to say so. Consider for :.l moment how JIl these
chJnges might sound to an experienced Jnd intelli!'?:ent po-
lice: exC'cutivC" who must defend his department a!'?:Jinst
:-nediJ {.'riticisms of officer misconduct. politicJI pressure [0
cur budgets, and inrerest-group demands for more police
protection everywhere. \Vith decentralized Juthoricv, no
one will know recl Iv how ro fficers 5 end their
-I.i.z. ~Ioreo"'er, decentralized authority means t 3t patrol
.officers will spend time on things like schmoozing with
citizens. inste:.ld of on quantifiable t:lsks like issuing tick-
ets. making arrests, :lnd clearing cases.
\laking the commllnitv-oriented officers generalists
in t " I with other city a encies. J responsi-
bilitv for which few officers are \,"'e tralne In w IC cuts
JCross senslti\.e uesnons orturt and publiC ex eceatlons.
If officers are left in a neig or 00 ,some of them may
')tart taking money from the dope dealers J.nd after-hours
JOInts. To pre\"ent that, officers are frequently moved
around. \Iareover, the best pcople Jre lIsllJIl~ kept in the
detective squ:.ld that handles the reJlI~" big elses. Few po-
lice executives W:.lot their best people settling into J neigh.
borhood. walkin~ around the hus "ups and shuppin~ molls.
The enthusiasts for communi(v-orienr~d puli,in~ hav~
answers for JII these conc~rns, but sometim~s in their lCJI
they farJi!;et thJt they are contendin~ with more th;.1n mt:rc
bureaucratic foot-d,"~gin~-that th~ problems are reo' and
require thoughtful solutions. \boy police exel.:uri\-es ,2;et
in trouble not because the crime rate goes lip but becJuse
cops are accused of graft, brut:llity, laziness. inciviliry, or
indifference.
In short, police mana ernen driven bv the con-
straints on e 0 t a v he oals of the 'ob. '0 cannot
coDe with tJ ose constraints without understanding them.
This may be why SOllle of the biggest changes [Oward com.
municy.oriented policing have occurred in cities where a
new chief has come in from the outside with J. m:lOdate to
shake up a moribund department. Lee Brown brought a
community orientation [0 the Houston Police DepJftment
under precisely those circumstances-the reputation of
the department was so bad that almost any change would
have been regarded as an improvement.
What can we say [0 the worried police chief who is 01-
,
~
SAVING MEMORY
Summer nights we put pennies on the track.
Even the station was quiet enough for crickets.
~Iountains surrounded us, middling high and purple.
:'\Jo matter where we stOod they protected us
with perspective. People call them gende mountains
but you can die in there; they're thick
with creeper <lnd laurel. Like voodoo,
( drew pictures with a sparkler. :\ curved line
arcked across the night. Rooted in its slope,
one laurel tree big as the mountain holdin~ ir:.
You can hear the train in the rails.
They're round, not flat, as you'd expect,
and "lick. \\'e'd walk the sound, one step. tWO,
slip. on purpose, in the ballast. hopscotch
and waltz on the ties, watchinlZ: the bi~ round e~"e
enter the curve and grow like God out of the purple,
the tracks turninl!; mean. molten sil\.er blazin~
d~ad at us. We'd hula. Tan~o. ....nd the firsr
white plume would sho(l( lip screaming lon~, landy,
L11n as ~tamma ,hooing st;lrlings from her I:Htil.:ed pies.
:'0
.F
Sing ~tickey \louse, the second scream rising long, again,
up and up. Stick our right hip out, (he third
wailing. Give it a hot-cha wiggle, the fourth
surrounding us. And bidding each other fond adieux,
we'd count {Q three, turn our backs. flash it a moon,
and materialize, fantastic, run over with light,
the (fain shrieking to pieces, scared, meaning it.
short, short, short, short, pushing a noise
bigger than the valley. [( sent us flying,
flattened, light as ideas, back on the platform,
the Y6B \lollet compound rolling through
southbound, steam borne, out of Roanoke.
It wJsn't to make the train jump the track
bur [Q hold rhe brearh-ed~ed piece of copper
~rown hot with dying, thin with birth,
wiped smooth of origin and homilies.
To hold sllch power...-\s bi~ as the: eye
of the train, as bi~ as the moon burning
like the sun. _\11 the: perspecti\-c
curved Jnd Kone.
-.11",".\' .\'ffu:,'"r,lI,mlmfJI/(1
)
/
I-I-[IIH \I{Y 1'1""1
T H I, ,\1 L , 'T I ( \1 fJ' I 111.\
rcady runnjn~ ;d prctty j;ood department,: Start with cor-
ruption: For decades police exccuti,'cs and rcformers hJ"c
hclic\'cd (hat in order to prevcnt corruprion, you h,H'c (0
centralizc control over personnel and disl'ouragc intimacy
between police officers and dtizens. \Jaybe. Hilt the price
one pays for this is very high, For example, m~1nY neigh-
borhoods are bein~ destrosed by dru~ dealers. who hang
our on e\'ery streer corner. The best way to sweep them ofT
the streets is to have patrol officers arrest them for selling
dru~s and intimidate their CUSlOmers by parking police
cars right next to suspected drug oullets, But some police
chiefs forbid their patrol officers 10 work drog cases. for
fear they will be cO!fupted. When the citizens in these
cities see police cars drive past scenes of open drug deal-
ing, they assume the police hase been paid off. .Efforts
to pre\'em corru....Ption have produced the appearance of
corruption,
Police Commissioner Ben ".ard, in :'\.ew York, decided
that the price of this kind of anti-corruption strategy was
too high, His Operation Pressure Point put scores of police
officers on the streets to break up the drug.dealing bazaar.
Police corruption is no Jaughing matter, especially in ~ew
York. but some chiefs no~" belie,'e that it will hase 10 be
fought in ways that do not require police officers to avoid
contact with people.
Consider [he nroblem of l!ettine police resources and
mana.e::inl! oolitical oressures' ff"o;;nUrces can be iustified
with statistics, bur statistics often become ends in them.
seh"es, One police captain we inten'iewed said that his de-
p;;rment was preoccupied with "stacking widgets and
counting beans." He asked his superior for permission to
take officers out of radio cars and ha"e them work on com-
munity problems. The superior agreed but warned that he
would be warching 10 see what happened 10 "the stats." In
the short tun Ihe stats-for example, calls answered, aser-
age response time-were Jikely to get worse, but if com.
munitv problems were solved, they would get better as
citizens had fewer incidents to report. The captain wor-
ried, howe\.er. that he would not be gh'en enough time to
achie,'e this and that the bean counters would cut off his
program.
A better W3V (Q 0 ustifv ettin resources from the city is
to stimu ate populaL demand for resources devoted to
llroblem-soh'in/t. Prop~rly handled, community-oriented
policing does generate sUpport for the department, \Vhen
:--:ewark police officers, under orders from Hubert Wil-
liams, then the police direclOr. began SlOpping city buses
and boarding them to enforre city ordinances against
smoking. drinking. gambling. and plaYing loud music, the
bus patmns often applauded. When Los .\ngeles police of-
fil'crs supen'ised the hauling away of abandoned cars,
onlookl-rs applauded. Later, when some of the officers
had th~ir time available for problem-solving work cut
back, sl'\-eral hundred citizens auended a meeting to
compbin,
In Flint. \lil'hig3n, patrol ofril'ers were: raken our of
thl'ir lOMS and assigned ro fOOl be~ts, Rohen Trojanowiczo
ITIHU' \In 't.I~'J
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/
/1
a professor at \fichigan State l'nin:rsity, analYl.eJ thl: rl.'.
suhs and found hig increases in citizen satisfaction Jnd of.
ficer morale, and evcn a significant drop in nime (an c:uli-
er foot-patrol project in !\:ewark had produced equi\'Jk:nr
reductions in fear but no reductions in crime). Citil.cn 'dIp.
purt was nor confined (0 statements made to pullsh.'rs,
howe\'er, \'oters in referenda twice aporoved tax incrcJsL"'\
to maintain the foot. tr s 'ste ') e second time hy a
two-[Q.one margin, :'\"ew Briarfield tenants unqueS[lOn-
ably found satisfaction in the role the police plas"ed in get-
ting temporary improvements made on their housing proj-
ect and getting a commitment for its ultimate replJce.
ment. Indeed. when a department experiments with a
community.oriented project in one precinct, people in
other precincts usually want one too.
P OLlTICI..\~S, LIKE POLICE CHIEFS, HEAR THESE \'1E\\s
and respond, Bur they hear other views as well. One
widespread political mandate is to keep the tax rate
down. '\Ian\. police departments are alread\" stretched thin
by sharp reductions in spending thar occurred in the leJn
years of the 1970s. Putting ont additional patrol car on the
streets around the clock can cost a quarter of a million dol.
lars or more a year.
Change may seem easier when resources are abundant.
Ben Ward could starr Operation Pressure Point because he
had at his disposal a large number of new officers who
could be thrown into a crackdown on srreet-Ie\'el drug
dealing. Things look a bit different in Los Angeles. where
no big increases in personnel are on the horizon, As are.
suit, only eight officers are assigned 10 the problem-solving
Community '\lobilization Project in the Wilshire disrrict-
an economically and ethnically di\'crse area of nCJrh
300.000 residents.
But chan e nor necessarih' re uire more resourl'C:^'.
.!-nd the 3\'a.ibhility of nf'"W resources is no J?;uaranrec rhJ!
chan.e::e will be attemored. One temptation is to tr~' to ~ell
the public on the need for more policemen and decide I"l-
er how co use them, l.sually when that script is followed.
either the public turns down the spending increase or the
extra personnel are dumped into what one LAPD .:.:aptain
calls the "black hole" of existin/( commitments. Iea,"ing nu
!fare and producing no effects.
What mas h '"e e rt. hOIl the olicc "re deplo, cd
an n1JnJged. :\n experiment jointly con uered )y the:
\\'ashingwn. D,C.. Polil'e Department and the POlll"C:
FoundJtion showed that if a few experienced officc:r... l"Ol1-
'I
-
THE .-\. r L\ ... TIC ~I 0 'i TilL Y
centr;lte on known repeat offenders, the number of seriolls
.,tfenders taken off the streets grows substJmiJII'.-", The
Flint and "iewark experiences suggest thar foot parrols in
certain kinds of communities (but not all) C:ln redlH.:e fear.
In Houston problem-oriented tactics seem cle:uly to hJxe
heightened a sense of citizen security.
The problem of in[er:1~encv cooocration ma\'. in-.Jbe
lone: run, be the most difficult of all The police can brin~
problems to the attemion of other ciry agencies. but [he
s'.ste is not always organized to respond. In his book
Xt; -!toomood StrL';as John :\Iudd calls ir the "rat prob-
em": "If a rat is found In an:l aument, l[ is J housma in-
spection responsibi icy; I It funs Into a restaurant, t e
health de artmcnt has Junsdlctlon; if it oes oU[slOe ;and
dies in an aile..., public wor s takes over. A po Ice 0 cer
who takes public complamts about rats seriously will go
crazy trying to figure ouc what agency in the city has re-
'ponsibiliry for rar comrol and then inducing it to kill rhe
r.its.
:\[auers ate almost as bad if the public is complaining
.lbout abandoned houses or school-age children who .lre
not in school. The housing de artment may refer to n.
centrate on enforcing t e DUSing co e rather than go
throuJl;h the costly and ume-consumlnll orocess of getung
an abandoned house rom down, The school departmenr
may have expelled the truanr children for making life mis-
erable for the teachers and the other students; the bst
rhing it wams is for rhe police to rell rhe school to take [he
kids back,
All ciP;r' and county agencies have their own priorities
and face their own pressures. ..forcin~ them to cooperate
bv knocking heads [QlZcther at the top rareh' works; what
department heads promise the mayot rhey will do may
bear li"le telarionship ro what theit rank-and-file employ-
ees acrually do, From his experiences in :\'ew York Ciry
government \ludd discovered that if vou want al!encie.s. to
CGonerate in solving neill.hborhood problems, vou have to
~et the neillhborhood-Ievel suoervisors from each agency
roe:cther in a. "disrrit"r r:thincc" that meets regularlv and ad.
dresses common concerns. This is noc an easy task (for one
rhing, police districr lines ofren do not march the disuicr
boundaries of the school, housing, traffic, and public-
works departments), but where ir has been tried ir has
made solving the "rar problem" a lor easier, For example,
\Iudd reports. such interagency issues as park safet~: and
refuse-laden vacant 10[5 ~or handled more elTecri\'elv
when the field super\'lsors mer to ralk about them than
".hen memos went u the chain of command at one Jgen.
cy and then own t e c am of cornman of another.
CO\I\Il.S1TY ORG.-\:-':IZ.-\TIO:-':S .\1.0:-';(; THE I.I"ES OF
:\ei~hborhood Warch pro~rams may help reduce
crime, but we cannot be certain. In particular. we
do nO( knoVr' wha( kinds of communities arc most likely (0
hcnch( from such programs, .-\ Police FoundJ(ion 'iwuy in
\Iinncapoli'i found thJt gcuing ctlceti,.c communi(~. or~J.
-,
'-
r
,J
niza(ions started in [he most [roubled neighborhoods WJS
very dillicult, The costs and benefits of having parrol offi-
cers and ser~eants intiuence (he delive~' of services from
other ciry agencies has never been fully Jssessed. ~o wa'y
of wresting control of a neighborhood from a stree:t gJ.ng
has yet been proved effective.
And even if (hese questions :He :.mswered, J police Je.
parcment may still have difficulty accommodating [\\:0 n~ry
different working t.:ulwres: the: pJtrol officers and detec-
tives who handle major crimes (murders. rapes, Jnd rob-
beries) and the cops who work on community problems
and the seemingly minor incidents they generate. In en~r'Y
de artment we v' it s the incidenc-oriented offi-
cers s oke dis ara in I' of the roblem-orienced 0 cers
as "social workers, "_and some of the aner respon e by
calling rhe former "gheno blasters," If a communiry-ser-
vice officer seems to get (00 close to the communir;.', he or
she may be accused of "going native." The tension be-
tween rhe twO cultures is heighrened by rhe facr that in
many deparrmenrs becoming a detective is regarded as a
major promotion, and detectives are of (en selected from
among those officers who ha\'e the best record in making
major arrests-ill other words. from the ranks of the inci-
dent-oriented. Bu( this panern need not be permanent.
Promorion tracks can be changed so rhat a patrol ollicer,
especially one working on community problems, is no
longer regarded as somebody who "hasn't made detec-
tive." Moreover, some police executives now believe (hat
splitting rhe patrol force into twO units-one oriented to
incidenrs, rhe orhet to problems-is unwise, Thev are
searching for ways to give all parrol ollicers rhe rime and
resources for problem-solving activities.
Because of rhe gaps in our knowledge about borh rhe re-
sulrs and the difficulties of communiry-oriented policing,
no chief should be urged to accepr, uncritically, the com-
muniry-oriented model. Bur the rraditional model of po-
lice professionalism-devorine: resources to nil irk r:tdio-
car resoonse to calls about specific crime incidents-
.!!};tkes little senSl- :tf ::Lrime wheI1 the orincipal (hreats (Q
public order and safety come from eo/ltelit:t, not individual.
sources and frnm hmhll!mJ. not incidents: from well-orga-
nized ~anP'lil :tnn nru~ traffickers, from uncared-for legions
of the homeless, from boisterous teena.e;ers taking advan-
ta~e of rheir newfound freedom and affluence in congest-
ed urban se[(in~s
Even if communicy-orienred policing does not produce
the dramatic gains thac some of its more ardent advocates
expect, ir has indispurably produced one rhar rhe officers
who have been involved in it immediately acknowled~e: it
has changed their perceprions of rhe communirv, Ollicer
Robin Kirk, of the Houston Police Department, had to be
ralked into becomin~ parr of .. nei~hborhuod fear-rcduc-
rion projc:cr. On<:e in it, hc WJS convcrted. In his worth.
"Traditionally, police officers Jf(cr about (hree ycar~ gee to
(hinkin~ (hat evcr~'bod~"s a loser. Tha('s the only people
~'()u'rc uc~din~ with. In community policing YOll're dealing
with the g:ooJ citizens. helping (hem solve prohkf11s."
FI..III{I un 1"11"
82 FRIDAY, FEBRUARY 22.199I;SD
".
;Graffiti,
:Cleanup Cost
;on the Rise
:. Vandalism: Caltrans
;,will spend $28,000 this
year for a clean sweep of
'San Diego.
'By MONICA RODRIGUEZ
TIMES STAH WRITER
. The California Department of
:Transportation expects to spend
:ahout,'s28,OOO this year to erase
graffiti from signs, walls and art
,projects along San Diego freeways,
Steve Saville, Caltrans spokes-
,man for District n, which includes
.ImpeIj'!'J, Riverside and San Diego
counties, said Caltrans used to
spend $3,000 to $5,000 a year to
. clean up graffiti in all three coun.
ties.
, . GraUiti have gradually increased
in the last couple of years, Saville
said. "But there has been a dramat-
1c increase in the last six months to
a year."
sav~il1e attributed the increase to
San Diego's growth. Many of San
Diego:s. problems, such as gang
activity and graffiti, are things Los
Angeles began to go through 10
yelli~go.
A great deal of freeway graffiti
in .san. Diego are gang oriented,
Saville said. He added that other
graffiti are so elaborate that they
alrll~ $onstitute an art form.
The most affected area is Inter-
stateS, from the border to down-
town San Diego, and some sections
of Interstate 805 and California 94.
Saville said.
The graffiti run the gamut from
initials to more serious items such
as lOeanti-Semitic slogans discov-
ered' earlier this week on a retain.
ing wall mural overlooking the
Wer~~ge of 1-8 and I-80S.
Saville said Caltrans doesn't
0,\ VIO McNEW I Los Anrrlr, T.ma
San Diego's growth is being blamed for a surge in graffiti, such as this seen from an Interstate 5 off-ramp,
know who defaced the mural. He
added that by the time Caltrans or
police get calls from motorists
reporting people painting graffiti,
the painters are usually gone.
The mural, depicting a sunrise
over the high desert mountains and
some vicuna. was created "10 years
and one month" ago, said the
mural's creator, Art Cole.
"It lived longer than many chil-
dren without abuse do," Cole said.
He described his mural as a visual
prayer for peace and calls it "Big
Sky Church."
The mural. 275 feet wide and 22
feet tall, was first done in black and
white in one night, Cole said. It was
painted without the approval of
Caltrans, but once officials saw it.
they asked Cole to add color.
Back in 1981. the materials to
complete the mural cost 5600. The
work took three weeks and four
artists, Cole said.
Cole has been asked to repair the
damage-but at his own expense.
Seville said Caltrans used to help
artists by providing materials, but
that the agency can no longer
afford to do so. Cole says he will
need to raise 52,500 to $5,000.
Usually, graffiti painters go after
more mundane things, such as
overhead signs and road signs,
Saville said.
Sometimes the graffiti can be
dangerous. For example. signs
warning people they are going the
wrong way on an on-ramp or
off-ramp have been obscured, as
have others warning motorists of
an oncoming curve. This is espe-
cially dangerous to drivers travel-
ing in strange territory.
Caltrans cleans the vandalized
signs using a paint-removing sol-
vent. but after three or four c1ean-
ings, the solvent takes the renec-
tive finish off. Once that happens
the sign must be replaced.
"For the smaller [signs] it can
cost anywhere from 525 to 550 to
replace them," he said. "But for the
larger ones, it can get pretty costly
depending on the size.
"Nothing about this situation is
cheap." Saville said.
Caltrans is looking for ways to
reduce the graffiti. among them
the installation of security systems
and fences around the base of the
signs to keep people from climbing
them.
"Initially it would be a big ex.
pense, but in the long run it would
help by reducing the cost of clean.
up," he said.
Another option is to apply sili-
cate-based materials to sign sur-
. faces, Saville said. By doing this,
graffiti could be removed with a
spray of high-pressure water.
~- -'--"
~
,.....--
RESOLUTION NO.
A RESOLUTION OF THE SOUTH BAY MAYORS OF THE COUNTY OF SAN DIEGO. CALIFORNIA.
REQUESTING THAT THE COUNTY OF SAN DIEGO ADOPT A REGIONAL ORDINANCE FOR THE
CONTROL OF GRAFFITI
WHEREAS.
WHEREAS,
WHEREAS.
WHEREAS,
WHEREAS,
WHEREAS,
a 11 of the muni ci pa 1 i ti es in the County of San Di ego have
experienced increased problems with graffiti; and
the muni ci pa 1 i ti es in San Di ego County have i ni ti ated or
increased existing programs to control graffiti and provide for
graffiti eradication; and
the South Bay Cities have experienced an explosive increase in
graffiti on City property, along the public rights of way and
on public utility properties; and
the Mayors of the South Bay Cities have initiated ordinances
to control of sale and display of paint and markers, etc., used
to produce graffiti; and
the Mayors of the South Bay Cities recognize that graffiti
control and eradication is a regional problem that cannot be
solved by any single municipality; and
the South Bay Mayors recogni ze that the County of San Di ego can
initiate and adopt stringent graffiti ordinances that will have
application on a regional basis.
NOW. THEREFORE. BE IT RESOLVED, by the Mayors of the South Bay Cities as
foll ows:
1. That the County of San Diego is requested to adopt an
ordinance to provide for regional control of paint, markers and
other paraphernalia that are used for graffiti making.
2. That the County of San Di ego i ncl ude a mechani sm to ensure that
businesses control paint, markers, etc., that are used for
graffiti.
3. That the County of San Diego include the control of paint and
marker sales, etc., at swap meets and auctions as part of a
regional graffiti control ordinance.
4. That the County of San Di ego provi de for a coordi nated
graffiti prevention and control program involving all local
agencies and governments.
5. That the County of San Diego include provisions for minors
in possessi on of graffiti paraphernal i a and also provi s ions for
parental responsiblity for possession and actual use of
graffiti paraphernalia as part of a regional graffiti control
ordinance.
MARY HERRON, MAYOR
CORONADO
LEN MOORE, MAYOR PRO TEMPORE
CHULA VISTA
GEORGE WATERS, MAYOR
NATIONAL CITY
MICHAEL BIXLER, MAYOR
IMPERIAL BEACH
1- -I