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HomeMy WebLinkAbout2007/04/24 Agenda Packet I declare under penalty of perjury that I am employed by the City of Chula Vista in the \ r I Office of the City Clerk and that I posted thi~ ' I:t.- nt on the bulletin board according ~ tf ;~7:~:S~ed tv~~~; / VISTA Cheryl Cox, Mayor Rudy Ramirez, Councilmember Jim Thomson, Interim City Manager John McCann, Councilmember Ann Moore, City Attorney Jerry R. Rindone, Councilmember Susan Bigelow, City Clerk Steve Castaneda, Councilmember April 24, 2007 6:00 P.M. Council Chambers City Hall 276 Fourth Avenue CALL TO ORDER ROLL CALL: Councilmembers Castaneda, McCann, Ramirez, Rindone, and Mayor Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PRESENTATION BY MAYOR COX OF A PROCLAMATION TO LYNN FRANCE, CONSERVATION COORDINATOR, AND BRENDAN REED, ENVIRONMENTAL RESOURCE MANAGER, PROCLAIMING THE WEEK OF APRIL 21 THROUGH APRIL 28, 2007 AS "EARTH WEEK" IN THE CITY OF CHULA VISTA . DID YOU KNOW...ABOUT THE RECREATION DEPARTMENT'S MOBILE RECREATION PROGRAM? Presented by Rosemary Brodbeck, Recreation Supervisor II. CONSENT CALENDAR (Items I through 4) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. 1. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS (SECOND READING) (4/5THS VOTE REQUIRED) The California Border Alliance Group (CBAG) is requesting the addition of two new positions, CBAG Microcomputer Specialist and CBAG Lead Programmer Analyst, and the addition of an additional CBAG Program Manager. All positions will be fully funded through the Southwest High Intensity Drug Trafficking Area with an additional 3% administrative fee paid to the City for the payroll and benefits administration. First reading of this ordinance was held on April 17, 2007. (Police Chief) Staff recommendation: Council adopt ordinance. 2. A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 17 OF THE CHULA VISTA MUNICIPAL CODE BY AMENDING SECTIONS 17.24.040 THROUGH 17.24.050, AND ADDING SECTION 17.24.060 REGARDING NOISY AND DISORDERLY CONDUCT (SECOND READING) B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 9 OF THE CHULA VISTA MUNICIPAL CODE BY ADDING CHAPTER 9.14, SECTIONS 9.14.010 THROUGH 9.14.070 RELATING TO MAKING IT UNLAWFUL FOR MINORS TO CONSUME ALCOHOLIC BEVERAGES, AND FOR PERSONS TO HOST, PERMIT, OR ALLOW GATHERINGS WHERE MINORS ARE CONSUMING ALCOHOL BEVERAGES (SECOND READING) Loud party calls to the police from citizens have increased steadily as the City has grown. Chula Vista's current municipal code dealing with noisy and disorderly conduct does not provide officers with the necessary tools, citations, and cost recovery, to deal with this growing problem. Additionally, the most frequent sources of alcohol for college students and adolescents include family members, friends, adult purchasers, and parties. Social host liability laws send a clear message that adults have a responsibility in the way they manage their homes or other premises under their control to prevent underage drinking parties and their consequences. Amending Titles 9 and 17 of the Chula Vista Municipal Code by adopting these ordinances will assist the Police Department and City staff with enforcement. First reading of these ordinances were held on April 17, 2007. (Police Chief) Staff recommendation: Council adopt the ordinances. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE COMMITMENT OF MATCHING FUNDS FROM THE AVAILABLE BALANCE OF THE TRAFFIC SIGNAL FUND SHOULD A GRANT BE AWARDED FROM THE HIGHWAY SAFETY IMPROVEMENT PROGRAM TO ENHANCE TRAFFIC SIGNAL AND PEDESTRIAN FACILITIES AT MAJOR INTERSECTIONS As part of a Citywide assessment program, thirty-one street intersections have been identified for significant improvements. The City proposes to apply for grant funding from the Highway Safety Improvement Program (HSIP), matched with Traffic Signal Fees, to fund a project that will improve safety and traffic flow at those intersections. (Acting Assistant City Manager/City Engineer) Staff recommendation: Council adopt the resolution. Page 2 - Council Agenda httv:/lw'Ww .chulavistaca. gOV April 24, 2007 4. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING THE SUBMITTAL OF A FUNDING REQUEST APPLICATION AND AUTHORIZING AND EMPOWERING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY TO SECURE THE 2007/2008 AWARD OF $59,379 FROM THE CALIFORNIA DEPARTMENT OF CONSERVATION, DNISION OF RECYCLING - CITY AND COUNTY PAYMENT PROGRAM FUND FOR BEVERAGE CONTAINER RECYCLING PROGRAMS AND LITTER REDUCTION PROGRAM ACTNITIES B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING ANNUAL APPLICATION SUBMITTALS TO THE CALIFORNIA DEPARTMENT OF CONSERVATION, DNISION OF RECYCLING, FOR ALL AVAILABLE FUNDING UNDER THE BEVERAGE CONTAINER AND LITTER REDUCTION ACT - CITY AND COUNTY PAYMENT PROGRAM AND TO EXECUTE ALL NECESSARY DOCUMENTS IN CONJUNCTION WITH THE APPLICATION AND AWARD OF FUNDS THROUGH JUNE 30, 2012 Annually, the California Department of Conservation, Division of Recycling (DOR) distributes $10.5 million to eligible cities and counties specifically for beverage container recycling and litter clean up activities. The goal of the DOR's beverage container recycling program is to reach and maintain an 80 percent recycling rate. Chula Vista is eligible to receive $59,379 for 2007/2008. Adoption of the resolutions approves funding request submittals and all other necessary documents. (General Services Director) Staff recommendation: Council adopt the resolutions. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council/Authority on any subject matter within the Council/Authority'sjurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council//Authority from taking action on any issue not included on the agenda, but, if appropriate, the Council/Agency/Authority may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. ACTION ITEMS The Item listed in this section of the agenda will be considered individually by the Council/Authority, and is expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 5. CONSIDERATION OF RESOLUTION OF APPOINTMENT FOR DAVID R. GARCIA AS CITY MANAGER AND APPROVAL OF TERMS AND CONDITIONS OF HIS EMPLOYMENT AGREEMENT Page 3 - Council Agenda him:! /www.chulavlstaca.!lOY April 24, 2007 In the summer of 2006, the City Council contracted with Bob Murray and Associates to conduct an executive search for a City Manager. Mr. Murray conducted an extensive nationwide search based on the criteria established by the City Council. On April 17, 2007, the City Council voted in closed session to appoint David R. Garcia to the position. Adoption of the following resolution formalizes the appointment, and establishes the terms and conditions of the employment agreement between the City Council and Mr. Garcia. Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPOINTING DAVID R. GARCIA AS CITY MANAGER AND APPROVING TERMS AND CONDITIONS OF HIS EMPLOYMENT AGREEMENT 6. CONSIDERATION OF ADOPTION OF ORDINANCES AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 19.07 - SPECIFIC PLANS AND 19.80 - CONTROLLED RESIDENTIAL DEVELOPMENT (SECOND READINGS) The proposed amendment to Chula Vista Municipal Code 19.07 adds provisions to further clarify required content for local specific plans, including a program indicating how needed facilities and services would be provided and financed and establishes new findings. In addition, the proposed amendment to Chula Vista Municipal Code 19.80 provides that areas zoned or proposed to be rezoned as part of a specific plan would be deemed in compliance with the Controlled Residential Development Ordinances zoning provisions provided it conforms to Chula Vista Municipal Code Chapter 19.07. These ordinances were given first reading at the April 12, 2007 Chula Vista Redevelopment Corporation/City Council meeting, and Council amendments approved at that meeting have been incorporated herein. (Acting Assistant City Manager/City Engineer) Staff recommendation: Council adopt the following ordinances: A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 19.07 - SPECIFIC PLANS (SECOND READING) B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 19.80 CONTROLLED RESIDENTIAL DEVELOPMENT (SECOND READING) OTHER BUSINESS 7. CITY MANAGER'S REPORTS 8. MAYOR'S REPORTS A. Ratification of the appointment of Rebecca Leister to the International Friendship Commission. Page 4 - Council Agenda 11tto) /W\VW .chula vistaca. gOV April 24, 2007 9. COUNCIL COMMENTS A. Deputy Mayor Rindone SANDAG Transportation Committee Update. B. Councilmember Castaneda Request for considertion of support of SB451 (Kehoe) - Energy - Governmental Energy Producers Councilmember recommendation: Council support SB451. CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M Brown Act (Government Code 54957.7). 10. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) A. Three cases ADJOURNMENT to an Adjourned Regular Meeting with the Redevelopment Agency, then to an Adjourned Regular Meeting with the Chula Vista Redevelopment CorporationlRedevelopment Agency on April 26, 2007 at 6:00 p.m., and thence to the Regular Meeting of May I, 2007 at 4:00 p.m. in the Council Chambers. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service request such accommodation at least forty-eight hours in advance for meetings and five days for scheduled services and activities. Please contact the City Clerk for specific information at (619) 691-5041 or Telecommunications Devicesfor the Deaf(TDD) at (619) 585-5655. California Relay Service is . also available for the hearing impaired. Page 5 - Council Agenda httv;//www.chulavistaca.gov April 24, 2007 DO?i\O~ ORDINM'CE NO. ?ct-.D\~G t-.~O N ORDINANCE OF THE CITY COUNCIL ~~C?~~ CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISlli'v1ENT OF UNCLASSIFIED POSITIONS WHEREAS, the Human Resources Department has created new classifications to better reflect the needs of the City's workforce; and WHEREAS, Charter Section 500(a) requires that all new unclassified management level positions be adopted by ordinance and a four-fifths vote of the Council. NOW, THEREFORE, the City Council of the City ofChula Vista does ordain as follows: SECTION I: That Section 2.05.010 of the Chula Vista Municipal Code is hereby amended to read as follows: 2.05.010 Unclassified positions established. In addition to those unclassified positions specifically delineated in Section 500 of the Charter of the City, there are established the unclassified positions entitled Administrative Services Manager, Advanced Planning Manager, Animal Control Manager, Assistant Chief of Police, Assistant Director of Budget and Analysis, Assistant Director of Building and Housing, Assistant Director of Community Development, Assistant Director of Finance, Assistant Director of Human Resources, Assistant Director of Planning, Assistant Director of Public Works and Operations, Assistant Director of Recreation, Assistant Library Director, California Border Alliance Group (CBAG) Deputy Executive Director, CBAG Director - SD LECC, CBAG Administrative Analyst I, CBAG Administrative Analyst II, CBAG Budget Manager, CBAG Executive Assistant, CBAG Executive Director, CBAG Graphics Designer/Webmaster, CBAG LEA>> PROGRAMMER ANALYST, CBAG Management Assistant, CBAG Methamphetamine Strike Force Coordinator, CBAG MICROCOMPUTER SPECIALIST, CBAG Network Administrator I, CBAG Network Administrator II, CBAG Network Manager, CBAG Program Analyst, CBAG Regional Computer Forensic Laboratory Network Engineer, Chief Learning Officer, Chief of Staff, CoastallEnvirorunental Policy Consultant, Communications Manager, Community Relations Manager, Constituent Services Manager, Cultural Arts & Fund Development Manager, Deputy Building Official, Building Services Manager, Deputy City Manager, Deputy Director of Engineering, Deputy Director of General Services, Deputy Director of Planning, Deputy Fire Chief, Development Planning & Improvement Manager, Development Planning Manager, Director of Budget and Analysis, Director of Communications, Director of Conservation and Environmental Services, Energy Services Manager, Executive Director of the Redevelopment Agency/CEO of the CYRC, Fiscal Opemtions Manager, Human Resources Operations Manager, Intergovernmental Affairs Coordinator, Office Specialist (Mayor's Office), Parks and Open Space Manager, Police Captain, Purchasing Agent, Real Property Manager, Risk Manager, Senior Council Assistant, Tmffic Engineer, Transit Coordinator, Treasury Manager. 1-1 Ordinance No. Page 2 SECTION II: This ordinance shall take effect and be in full force thirty days from its adoption. Submitted by: Approved as to form by: Richard P. Emerson Chief of Police ~~-r Moore '-"" City Attorney J:\Attomey\Ordinancc\Unclassified Position Ord. PD._04-I7-fJ7.2 1-2 ~\)O?\\O~ ORDINANCE NO. f..CO~'i) ?f..~'i)\~G ~~\) AN ORDINANCE OF THE CITY OF CJtJtA VISTA AMENDING TffiE 17 OF THE MUNICIPAL CODE BY AMENDING SECTIONS 17.24.040 AND 17.24.050 AND ADDING SECTION 17.24.060 REGARDING NOISY MTI DISORDERLY CONDUCT WHEREAS, the City ofChula Vista, pursuant to the police powers delegated to it by the California Constitution and as a charter city, has the authority to enact laws that promote the public health, safety, and general welfare of its residents; and WHEREAS, the City ofChuJa Vista, acting through the City Council [the Council], finds and declares that disturbing, excessive, offensive, or unreasonable noises create a drain on law enforcement resources when police are called to respond to the noise, often multiple times; and WHEREAS, when police are called to respond to noise complaints, it takes them away from other calls for service; and WHEREAS, disturbing, excessive, offense, or unreasonable noises can negatively impact public health, safety, quiet enjoyment of property, and general welfare; and WHEREAS, it is the intent ofthe Council to provide law enforcement personnel in the City with additional tools to respond to and abate noise violations that constitute a public nuisance within the City. NOW, THEREFORE, the City Council of the City ofChula Vista does hereby ordain as follows: Page 1 Qf8 81f~ I Ordinance No. SECTION I: That the Chula Vista Municipal Code be amended to read as follows: 17.24.040 Disturbing, excessive, offensive, or unreasonable noises - Prohibited- Exceptions. A. It is unlawful for any person in any commercial or residential zone in the City to make, continue, or cause to be made or continued any disturbing, excessive, offensive, or unreasonable noise, which disturbs the health, safety, general welfare, or quiet enjoyment of property of others in any commercial or residential zone within the limits of the City. This section shall not in any way affect, restrict, or prohibit any activities incidental to scientific or industrial activities carried out in a reasonable manner according to the usual customs of scientific or industrial activities, conducted in areas zoned for such purposes, or upon lands which are under the jurisdiction of the board of commissioners of the San Diego Unified Port District. B. The characteristics and conditions to consider in determining whether a noise is disturbing, excessive, offensive, or unreasonable in violation of this section shall include, but not be limited to, the following: I. The degree of intensity of the noise; 2. Whether the nature of the noise is usual or unusual; 3. Whether the origin of the noise is natural or unnatural; 4. The level of the noise; 5. The proximity of the noise to sleeping facilities; 6. The nature and zoning ofthe area from which the noise emanates and the area where it is received; Page 2 of8 :211- ;;L Ordinance No. 7. The time of day or night the noise occurs; 8. The duration of the noise; and 9. Whether the noise is recurrent, intermittent, or constant. C. The following activities, among others, are declared to cause disturbing, excessive, offensive, or unreasonable noises in violation of this section and to constitute a public nuisance: I. Radios, Phonographs, Amplifiers, and Other Devices. The using, operating, or permitting to be played, used, or operated, any radio receiving set, musical instrument, drums, phonograph, television set, loud speakers and sound amplifier, or other machine or device for the producing or reproducing of sound in a manner that disturbs the peace, comfort, or quiet enj oyment of any reasonable person of normal sensitivity in the vicinity; 2. Animals and Birds. The keeping of any animal or bird which by frequent or long continued noise disturbs the peace, comfort, or quiet enjoyment of property of any person in the vicinity; 3. Drums and Musical Instruments. The use of any drum or other musical instrument or device for the purpose of attracting attention, by creation of noise, to any performance, show, or sale; 4. Loudspeakers, Amplifiers for Advertising. The using, operating or permitting to be played, used, or operated, any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the production or reproduction of sound, which is heard upon a public street, for the purpose of Pa~e 3 of8 ;)A-8 Ordinance No. commercial advertising or attracting the attention of the public to any building or structure, so as to annoy or disturb the peace, comfort, or quiet enjoyment of property of persons in any office, dwelling, hotel, or other type of residence; 5. Yelling, Shouting. Loud or raucous yelling or shouting on public streets, particularly between the hours of 10:00 p.m. and 8:00 a.m., or at any time or place in a manner that creates a disturbance of the public order where the yelling or shouting is inherently likely to provoke an immediate violent reaction; 6. Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, compressor, motor boat, or motor vehicle except through a muffler or other device, which will effectively prevent loud or explosive noises therefrom; 7. Blowers. The operation of any noise-creating blower, power fan, or any internal combustion engine, unless the noise from such blower or fan is muffled and the engine is equipped with a muffler device sufficient to deaden the noise; 8. Power Machinery, Tools, and Equipment. The use of any tools, power machinery, or equipment or the conduct of construction and building work in residential zones so as to cause noises disturbing to the peace, comfort, and quiet enjoyment of property of any person residing or working in the vicinity, between the hours of 10:00 p.m. and 7:00 a.m., Monday through Friday, and between the hours of 10:00 p.m. and 8:00 a.m., Saturday and Sunday, except when the work is necessary for emergency repairs required for the health and safety of any member of the community; Page 4 of8 :;. f/' t/ Ordinance No. 9. Motorcycle or Motor Vehicle Noises. No person operating a motorcycle or motor-driven cycle shaIl increase the engine's revolutions per minute while the transmission is in neutral or the clutch is engaged so as to cause more noise to be emitted than is necessary for the normal operation of the vehicle. Further, any disturbing, excessive, offensive, or unreasonable noise made by any motorcycle or other motor vehicle not reasonably necessary in the operation of the cycle or vehicle under the circumstances is prohibited and includes but is not limited to noise caused by screeching of tires, racing or accelerating the engine, backfIring the engine, or other noise from the engine tailpipe or muffler; 10. Horns, Signaling Devices. The sounding of any horn or signaling device on any automobile, motorcycle, street car, or other vehicle on any street or public place of the City, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; the sounding of any device for an unnecessary and unreasonable period of time; and the use of any signaling device when traffic is for any reason held up; 11. Swimming Pool Mechanical Equipment. Swimming pool mechanical equipment, including, but not limited to, mechanical filters, pumps, chlorinators, and pool heaters, shall be located or soundproofed so that such equipment will not create disturbing, excessive, offensive, or unreasonable noise that disturbs the peace and quiet enjoyment of property of persons residing in the neighborhood. D. Prima Facie Violations. Any of the following shall constitute evidence ofa prima facie violation of this section: Pa&e 5_of 8 :219- 5 Ordinance No. I. The operation of sound production or reproduction device, radio receiving set, musical instrument, drum, phonograph, television set, machine, loud speaker and sound amplifier, or similar machine or device between the hours of II :00 p.m. and 8:00 a.m. in a manner as to be plainly audible at a distance of fifty (50) feet from the building, structure, vehicle, or premises in which it is located; 2. The operation of any sound amplifier, which is part of or connected to, any radio receiving set, stereo, compact disc player, cassette tape player, or other similar device when operated at any time in a manner as to be plainly audible at a distance of fifty (50) feet and when operated in a manner as to cause a person to be aware of vibration accompanying the sound at a distance offifty (50) feet from the source. 17.24.050 Enforcement of Prima Facie Violations. A. Any person, who is authorized to enforce the provisions of this chapter and who encounters evidence of a prima facie violation of Section 17.24.040, is empowered to confiscate and impound as evidence any or all ofthe components amplifying or transmitting the sound. B. Any peace officer, as defined in the California Penal Code, who encounters evidence of a prima facie violation of Section 17.24.040 whereby the components amplifying or transmitting the sound are attached to a vehicle may, in accordance with the provisions of California Vehicle Code Section 22655.5, impound the vehicle, as containing evidence of a criminal offense, when the amplifying and/or transmitting Paj;(e 6_Qf8 d-A"~ Ordinance No. component(s) cannot be readily removed from the vehicle without damaging the component(s) or the vehicle. 17.24.060 Repeated Violations - Public Nuisance-Responsible Person - Cost Recovery. A. Any person, who is responsible for a second violation of Section 17.24.040 within one year (365 days) of the first violation at a place or premises including residential or commercial property, under his or her control shall be liable for maintaining a public nuisance, as defined by state and/or local law. To be deemed a person responsible for repeated violations of Section 17.24.040, it is not necessary for the person to be found criminally liable for a violation ofthe section. In addition to other penalties allowed by state law or this Municipal Code, a person responsible for repeated violations of Section 17.24.040 may be subject to an administrative fine of $1,000 per incident. The administrative fine shall constitute a debt of the responsible person to the City, and shall be payable to the City in the manner provided in CYMe Chapters 1040 and 1041 and other applicable law. If the responsible person is a minor, the parent or guardian of the minor shall be jointly and severally liable under this section. B. Under the provisions of this section, a responsible person shall include a property owner of a residential or commercial property, who has actual knowledge or who receives actual notice of a first violation of Section 17.24.040 committed by a tenant. A property owner, who has actual knowledge or who receives actual notice of a first violation of Section 17.24.040 by a tenant, shall take any and all reasonable steps to PaB'e 7, of 8 :JA- ? Ordinance No. ensure that the property is not being maintained in a manner to constitute a public nuisance as defmed by state and/or local law. C. Where there occurs a repeated violation of Section 17.24.040 within one year (365 days) ofa previous violation and the responsible party has been provided written notice of the previous violation, the responsible person shall be held liable for the cost of providing police services needed as a result of the second violation to control the threat to the public peace, health, safety, general welfare, or quiet enjoyment of the property. The imposition of this liability for cost recovery shall be governed by the provisions of Government Code Section 38773, CYMC 1.41.140, and other applicable law. A repeated violation of Section 17.24.040 may also result in the arrest and/or citation of violators of the California Penal Code, this Municipal Code, or other applicable state or local law. D. Nothing in this section shall be construed as affecting the ability to initiate or continue concurrent or subsequent criminal prosecution for any violation of the provisions oftrus Municipal Code or any state law arising out of the same circumstances necessitating the application of this section. SECTION II: Effective Date. This Ordinance shall take effect and be in force thirty days after its final passage. Presented by Richard P. Emerson Chief of Police ~~~ ;7~e City Attorney J:\Attorney\JDA WSON\Ordinanccs\Noisc Qrdinance.fnl (CLEAN copy ofREDLINE-SOL04-12-07.doc Pag,e 8_ of 8 c:; fI- ~ ORDINANCE NO. ~~D f\DO?\\O~ 1== ~D\\{G " AN ORDINANCE OF THE CITY OF!;ceIlltID~YISTA AMENDING TITLE 9 OF THE CHULA visTA MUNICIPAL CODE BY ADDING CHAPTER 9.14, SECTIONS 9.14.010 THROUGH 9.14.070, MAKING IT UNLAWFUL FOR MINORS TO CONSUME ALCOHOLIC BEVERAGES, AND FOR PERSONS TO HOST, PERMIT, OR ALLOW GATHERINGS WHERE MINORS ARE CONSUMING ALCOHOLIC BEVERAGES WHEREAS, the City ofChula Vista, pursuant to the police powers delegated to it by tbe California Constitution and as a charter city, has the authority to enact laws that promote the public health, safety, and general welfare of its residents; and WHEREAS, the City ofChula Vista, acting through the City Council [the Council] finds that parties, gatherings, or events [gatherings] on private property where alcoholic beverages are consumed by minors, who are under the legal age to consume alcohol in the State of California, are harmful to the minors themselves and a threat to public health, safety, quiet enjoyment of residential property, and general welfare; and WHEREAS, the Council finds that minors often obtain alcoholic beverages at gatherings held at private residences or other private property, places, or premises, including rented commercial premises, which are under the control of a person who knows or should know of the consumption of alcoholic beverages by minors; further, the Council finds that persons responsible for the occurrence of such gatherings often fail to take reasonable steps to prevent the consumption of alcoholic beverages by minors at these gatherings; and WHEREAS, control of gatherings on private property where alcoholic beverages are consumed by minors is necessary when such activity is determined to be a threat to the peace, health, safety, or general welfare of the public; and de,1 Ordinance No. WHEREAS, police officers often are required to make multiple responses to the location of a gathering where alcoholic beverages are consumed by minors in order to disperse uncooperative participants, causing a drain on public safety resourCeS and in some cases, leaving other areas of the City with delayed police response; and WHEREAS, problems associated with gatherings where alcoholic beverages are consumed by minors are difficult to prevent and deter unless the City of Chula Vista Police Department has the legal authority to arrest offenders and direct the host to disperse the gathering; and WHEREAS, police ability to abate gatherings on private property where alcohol is consumed by minors will result in a decrease in abuse of alcohol by minors, physical altercations and injuries, neighborhood vandalism, and excessive noise disturbance, thereby improving public safety; and WHEREAS, it is the intent of the Council that liability under this Ordinance applies to any person in control of private property who knowingly hosts, permits, or allows a party, gathering, or event where minors are present and an alcoholic beverage is being consumed by any minor, where the person in control of the private property knows or reasonably should know that a minor has consumed an alcoholic beverage; and WHEREAS, it is the further intent of the Council to impose a duty on any person having control of any residence or other private property, place, or premises, including any commercial premises, who knowingly hosts, permits, or allows a party, gathering, or event, to take all reasonable steps to prevent the consumption of alcoholic beverages by any minor at the gathering; -PAGE 2 OF 8- ;26- d- Ordinance 1'."0. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: SECTION I: That the Chula Vista Municipal Code be amended to add Chapter 9.14, Sections 9.14.010 through 9.14.070 to read as follows: Chapter 9.14 Alcohol Consumption by Minors 9.14.010 Purpose and intent. The City Council frods and declares as follows: A. The City ofChula Vista, pursuant to the police powers delegated to it by the California Constitution and as a charter city, has the authority to enact laws that promote the public health, safety, and general welfare of its residents; B. The occurrence of parties, gatherings, or events on private property where alcoholic beverages are consumed by minors, who are under the legal age to consume alcohol in the State of California, are harmful to the minors themselves and a threat to public health, safety, quiet enjoyment of property, and general welfare; C. Minors often obtain alcoholic beverages at gatherings held at private residences or other private property, places, or premises, including rented commercial premises, which are under the control ofa person who knows or should know of the consumption ofa1coholic beverages by minors. D. Persons responsible for the occurrence of such gatherings often fail to take reasonable steps to prevent the consumption of alcoholic beverages by minors at these gatherings. .p AG.E 3. QF 8. :28,3 Ordinance No. E. The ability of police officers to control gatherings on private property where alcoholic beverages are consumed by minors is necessary when such activity is determined to be a threat to the peace, health, safety, or general welfare ofthe public. F. Gatherings involving consumption of alcohol by minors, as defmed by this chapter, are unlawful and constitute a public nuisance pursuant to state law and provisions of this Municipal Code. G. The purpose and intent of this chapter is: (I) to protect public health, safety, and general welfare of people and premises in the city, including the quiet enjoyment of property; (2) to enforce laws prohibiting the consumption of alcohol by minors; and (3) to reduce the costs of providing police services to parties, gatherings, or events requiring a response by requiring the person who knowingly hosts, permits, or allows a party, gathering, or event to ensure minors are not consuming alcoholic beverages through criminal, civil, administrative, and other penalties as allowed by state and local law . 9.14.020 Definitions. For purposes of Sections 9.14.0 I 0 through 9.14.070, the following definitions shall apply: "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. "Alcoholic beverage" includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one (I) percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. -PAQE 4 OF 8- ~13~ J/ Ordinance No. "Gathering" is a party, gathering, or event, where a group of three or more persons have assembled or are assembling for a social occasion or social activity. "Legal Guardian" means: (I) a person who, by court order, is the guardian of the person of a minor; or (2) a public or private agency with whom a minor has been placed by the court. "Minor" means any person under twenty-one years of age. "Parent" means a person who is a natural parent, adoptive parent, foster parent, or stepparent of another person. "Premises" means any residence or other private property, place, or premises, including any commercial or business premises. "Response costs" are the costs associated with responses by law enforcement, fIre, and other emergency response providers to a gathering, including but not limited to: (1) salaries and benefits oflaw enforcement, code enforcement, fire, or other emergency response personnel for the amount of time spent responding to, remaining at, or otherwise dealing with a gathering, and the administrative costs attributable to such response(s); (2) the cost of any medical treatment for any law enforcement, code enforcement, fire, or other emergency response personnel injured responding to, remaining at, or leaving the scene ofa gathering; (3) the cost of repairing any city equipment or property damaged, and the cost of the use of any such equipment, in responding to, remaining at, or leaving the scene ofa gathering; and (4) any other allowable costs related to the enforcement of Sections 9.14.030 and 9.14.040. 9.14.030 Consumption of Alcohol by Minor Prohibited in Public Place, Place Open to Public, or Place Not Open to Public. Except as permitted by state law, it is unlawful for any minor to: -PAGE 5. QF 8- d& 5 Ordinance No. A. consume at any public place or any place open to the public any alcoholic beverage; or B. consume at any place not open to the public any alcoholic beverage, unless in connection with the consumption of the alcoholic beverage that minor is being supervised by his or her parent or legal guardian. 9.14.040 Hosting, Permitting, or Allowing a Party, Gathering, or Event Where Minors Consuming Alcoholic Beverages Prohibited. A. Imposition of Duty and Violation. I. It is the duty of any person having control of any premises, who knowingly hosts, permits, or allows a gathering at said premises to take all reasonable steps to prevent the consumption of alcoholic beverages by any minor at the gathering. Reasonable steps are controlling access to alcoholic beverages at the gathering; controlling the quantity of alcoholic beverages present at the gathering; verifYing the age of persons attending the gathering by inspecting drivers licenses or other government-issued identification cards to ensure that minors do not consume alcoholic beverages while at the gathering; and supervising the activities of minors at the gathering. 2. It is unlawful for any person having control of any premises to knowingly host, permit, or allow a gathering to take place at said premises where at least one minor consumes an alcoholic beverage, whenever the person having control of the premises either knows a minor has consumed an alcoholic beverage or reasonably should have known that a minor consumed an alcoholic beverage had the person taken all reasonable steps to prevent the consumption of an alcoholic beverage by a minor as set forth in Subsection A.I of this section. -PAGE 6 OF 8- ;213-? Ordinance No. B. This section shall not apply to conduct involving the use of alcoholic beverages that occurs exclusively between a minor and his or her parent or legal guardian, as permitted by Article I, Section 4, ofthe California Constitution. C. This section shall not apply to any California Department of Alcoholic Beverage Control licensee at any premises regulated by the Department of Alcoholic Beverage Control. 9.14.050 Mandatory Minimum Fines. Criminal violations of Sections 9.14.030 and 9.14.040 shalI be punishable, on a first offense, by a mandatory minimum fme of$100.00, plus statutory penalty assessments, with neither fine nor assessments stayed or suspended, and, on second and subsequent offenses, by a mandatory minimum fme of$200.00, plus statutory penalty assessments, with neither fine nor assessments stayed or suspended. Notwithstanding other provisions of the Municipal Code, violations of the provisions of this chapter may also be subject to an administrative fine of $1,000 per incident, as alIowed by Section 9.14.060. The administrative fine shalI constitute a debt of the responsible person to the City, and shalI be payable to the City in the manner provided in CYMC Chapters 1.40 and 1.41 and other applicable law. If the responsible person is a minor, the parent or guardian of the minor shall be jointly and severally liable under this section. 9.14.060 Reservation of Legal Options. Violations of Sections 9.14.030 and 9.14.040 may be prosecuted by the City ofChula Vista, in the name of the People of the State of California, criminally, civilly, and/or administratively as provided by the Municipal Code. The City ofChula Vista may seek administrative fees and response costs associated with enforcement of Sections 9.14.030 and -PAGE 7 OF 8- cJ8-7 Ordinance No. 9.14.040, through all remedies or procedures provided by statute, ordinance, or law. Sections 9.14.030 and 9.14.040 shall not limit the authority of peace officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by Sections 9.14.030 and 9.14.040, nor shall they limit the City ofChula Vista's or the People of the State of California's ability to initiate and prosecute any criminal offense arising out of the same circumstances necessitating the application of Section 9.14.030 or 9. ]4.040. 9.14.070 Local Authority. Sections 9.14.010 through 9.]4.060 shall not apply where prohibited or preempted by state or federal law . SECTION II: Effective Date. This Ordinance shall take effect and be in force thirty days after its final passage. Presented by Approved as to form by Richard P. Emerson Chief of Police r J:\Anomey\1DA WSON\OrdinlUlces\Social Host (RED LINE-SOL 04-17-07.doc -PAGE 8 OF 8- db-? CITY COUNCIL AGENDA STATEMENT 4/24/2007, Item2 ITEM TITLE: RESOLUTION CERTIFYING THE COMMITMENT OF MATCHING FUNDS FROM THE AVAILABLE BALANCE OF THE TRAFFIC SIGNAL FUND SHOULD A GRANT BE AWARDED FROM THE HIGHWAY SAFETY IMPROVEMENT PROGRAM TO ENHANCE TRAFFIC SIGNAL AND PEDESTRIAN FACILITIES AT MAJOR INTERSECTIONS. CITY ENGINEER ~ / INTERIM CITY MANAGER ';/ SUBMITTED BY: REVIEWED BY: 4/5THS VOTE: YES D NO 0 BACKGROUND As part of a citywide assessment program, "Major Intersection Safety Program," thirty-one (31) street intersections have been identified for potential enhancements, As included in the March 27, 2007 citywide grant list report, an application for grant funding in the amount of $900,000 from the Highway Safety Improvement Program (HSIP) was submitted to fund a project that will enhance safety (pedestrian, bicyclist and vehicular) and/or traffic flow at those intersections, Tonight's action fulfills a grant requirement for certification of a commitment of $100,000 in matching funds, which is available in the City's Traffic Signal Fund, ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class I categorical exemption pursuant to Section 153301 (Existing Facility) of the State CEQA Guidelines because it involves installation and/or upgrading of various traffic improvements (traffic signals, pavement markings, cross walk lights, traffic calming devices, etc,) within existing streets, Thus, no further environmental review is necessary, RECOMMENDATION That Council adopt the Resolution certifying the commitment of matching funds from the available balance of the Traffic Signal Fund should a grant be awarded by the highway safety improvement program to enhance traffic signal and pedestrian facilities at major intersections, BOARDS/COMMISSION RECOMMENDATION: N/A 3-1 4/24/07, Item 3 Page 2 of 5 DISCUSSION The Highway Safety Improvement Program (HSIP) is a new Department of Transportation grant program in 2007 (essentially replacing the Hazard Elimination Safety Grant Program). HSIP is funded with Federal funds from the recently signed Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). The HSIP grant program was created to support safety improvements to local streets, roads, and pedestrian/bicycle facilities. During FY2006-07, City traffic engineers conducted Phase I of a Major Intersection Safety Review Study of over 6,600 intersections (265 signalized, 6,402 non-signalized) located within the City of Chula Vista. Using grant-funded accident tracking software in addition to Police Department traffic data and other data collected by the Engineering Department, staff evaluated intersections including the following: . Intersection volume and geometry . Approach speeds . Turning patterns . Collision history and accident analysis . Public input . Missing equipment and needed upgrades Intersections were then prioritized considering these criteria and field investigations were performed by Engineering and Police Department staff on the 31 signalized intersections of highest priority. Recommendations for potential enhancements for both motorist and pedestrian safety were developed. Potential technological enhancements to existing facilities were also identified. These thirty-one intersections are listed by location (no priority should be inferred) in Attachment I, and include nine Northwest Chula Vista intersections, eight Southwest intersections, and fourteen intersections in the Eastern territories. Proposed Project: Phase 2 of the Major Intersection Safety Program involves making physical improvements to upgrade the 31 critical intersections. All proposed improvements are within existing, developed portions of City right-of-way. Improvements will include new traffic signs, traffic signal upgrades, and pavement markings. The project will also make improvements for bicyclists and pedestrians such as setback limit lines, enhanced pedestrian crosswalk pushbuttons and indicators, video detection equipment able to detect all bicyclists (unlike existing loop detection systems), and hardwired in-pavement crosswalk lights at two non-signalized locations. In conjunction with the signal work, the City will implement important traffic calming techniques such as radar speed signs, and continue researching, and potentially implementing (with Council approval), a red light running detection system (cameras) at certain intersections with a history of red light running. The grant would also support the work required to update traffic signal engineering plans for each signalized intersection in the City. 3-2 4/24/07, Item 3 Page 3 of 5 The grant would also allow continuation of the public safety education campaign launched last fall with the popular "Stop on Red" theme, including street side banners, pamphlets, bumper stickers and a targeted enforcement campaign. Not all of the named improvements will be made at every intersection as each intersection has its own unique needs. Individual intersection assessments were made allowing engineers to make specific recommendations tailored to each intersection. It is important to note that many of the scheduled improvements are at school intersections or on school routes or at other intersections where there is heavy shared use by drivers, pedestrians, and bicycles - particularly during peak hours. The many proposed improvements at these key intersections are designed to improve driver awareness, reduce accidents and promote pedestrian and driver safety. Project Costs: The total estimated costs to upgrade the traffic signal systems, improve bicycling and pedestrian facilities, and implement other planned enhancement at 31 intersections are approximately $1,000,000 (see Attachment 2). A grant application for $900,000 (the maximum available under this grant program) was submitted to the HSIP to help meet those expenses. The HSIP program requires the commitment of a minimum 10% City match of total project costs. Staff therefore recommends matching funds in the amount of $100,000 from the available balance of the Traffic Signal Fee Fund. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found a conflict exists, in that Council members Rindone and McCann have property holdings within 500 feet of the boundaries of the properties which are the subject of this action. FISCAL IMP ACT As noted above, the HSIP grant was included in the March 27, 2007 grant opportunities list by the City Grants Development Manager and an application was filed to meet the submission deadline of April 13, 2007. There is no impact to the General Fund from this action. If the grant is awarded, staff will return to Council with a recommendation to accept the grant funds, add the new project to the FY2007/08 Capital Improvement Program, and appropriate the grant funds and the match. ATTACHMENTS 1. City of Chula Vista Intersections Identified for Improvements 2. Project Cost Estimate Prepared by: Catherine Burciaga/Jim Newton, Grants Development Manager/Senior Civil Engineer, Engineering Department 3-3 4/24/07, Item ::3 Page 4 of 5 Attachment 1 City of Chula Vista Intersections Identified for Priority Improvements Major Intersection Safety Review Study, FY2006-07 1. Bonita Road & Bonita Glen Drive 2. Broadway & E Street 3. Broadway & H Street 4. Broadway & I Street 5. Broadway & J Street 6. Broadway & L Street 7. Broadway & Moss Street 8. Broadway & Naples Street 9. Broadway & Oxford Street 10. Broadway & Palomar Street II. Palomar Street & Industrial Boulevard 12. Third Avenue & L Street 13. Third Avenue & Orange Avenue 14. Fourth Avenue & E Street 15. Fourth Avenue & I Street 16. H Street & Fifth Avenue 17. H Street & Third Avenue 18. H Street & Hilltop Drive 19. East H Street & Hidden Vista Drive 20. East H Street & Del Rey Boulevard 21. East H Street & Paseo Del Rey 22. East H Street & Tierra Del Rey 23. East H Street & Paseo Ranchero 24. East H Street & Otay Lakes Road 25. Otay Lakes Road & Gotham Street 26. Telegraph Canyon Road/Otay Lakes Road & La Media Road 27. Otay Lakes Road & Eastlake Parkway 28. Telegraph Canyon Road & Paseo Ranchero/Heritage Road 29. Olympic Parkway & La Media Road 30. Main Street & Melrose Avenue 31. Medical Center Drive & Medical Center Court Prepared by: Traffic Engineering Division, City of Chu/a Vista, FY 2006-07 3-4 4/24/07, Item 3 Page 5 of5 Attachment 2 City ofChula Vista Major Intersection Safety Project Project Cost Estimate Proposed Costs Amount Preliminary Engineering Environmental 0 Plans, Specs, Estimates (PS&E) $ 50,000 Right of Way Engineering 0 Acquisition 0 Construction Construction Engineering $ 30,000 Construction $ 830,000 Subtotal $ 910,000 Contingency (10%) $ 90,000 TOTAL PROJECT COST $ 1,000,000 Proposed Project Funding Federal Funds (HSIP Grant) $ 900,000 City Match (Traffic Signal Fees) $ 100,000 TOTAL FUNDING $ 1,000,000 Prepared by: Patrick Moneda, Traffic Engineering Division, City of Chu/a Vista, 3/15/07 3-5 RESOLUTION NO. 2007- RESOLUTION CERTIFYING THE COMMITMENT OF MATCHING FUNDS FROM THE A V AILABLE BALANCE OF THE TRAFFIC SIGNAL FUND SHOULD A GRANT BE AWARDED FROM THE HIGHWAY SAFETY IMPROVEMENT PROGRAM TO ENHANCE TRAFFIC SIGNAL AND PEDESTRIAN FACILITIES AT MAJOR INTERSECTIONS. WHEREAS, City staff has completed a citywide assessment of all street intersections within its jurisdiction; and WHEREAS, thirty-one (31) street intersections have been identified for potential enhancements; and WHEREAS, the identified improvements and enhancements to these thirty-one (31) street intersections. the "Major Intersection Safety Program", will improve pedestrian, bicyclist, and vehicular safety and/or traffic flow at these intersections; and WHEREAS, the Highway Safety Improvement Program (HSIP) is a new Department of Transpol1ation grant program administered by CalTrans which essentially replaces the Hazard Elimination Safety Grant Program; and WHEREAS, the HSIP grant was included in the March 27, 2007 grant opportunities list by the City Grants Development Manager; and WH EREAS, the estimated costs for the Major Intersection Safety Program can be met through a combination of HSIP grant funds and local matching funds; and WHEREAS, in order to be eligible for an HSIP grant, the City Council 11lust certify that matching funds are available within the fund balance of the Traffic Signal Fund that can be committed for the Major Intersection Safety Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista that it ceI1ifies the commitment of matching funds from the available balance of the Traffic Signal Fund should a grant be awarded from the Highway Safety Improvement Program to enhance traffic signal and pedestrian facilities at Im~or intersections. Presented by Approved as to form by Scott Tulloch City Engineer i~U~ Ann Moore City Attomey 3-6 Resolution 2007- Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, Calitornia, this 24th day of April 2007, by the following vote: AYES: Councilmembers: NAYS: Councilmembers: ABSENT: Councilmembers: Cheryl Cox, Mayor ATTEST: Susan Bigelow, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA L Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2007- was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 24th day of April 2007. Executed this 24th day of April 2007. Susan Bigelow, City Clerk H :\ENG1NEER\RESOS\Resos2()()7\04-24-0ToRESO.HSIP.041 ()O? revised by ec.doc 3-7 CITY COUNCIL AGENDA STATEMENT ~1If::.. CITY OF -& CHULA VISfA 4/24/07, ItemL SUBMITTED BY: REVIEWED BY: RESOLUTION RATIFYING THE SUBMITTAL OF A FUNDING REQUEST APPLICATION AND AUTHORIZING AND EMPOWERING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY TO SECURE THE 2007-08 AWARD OF $59,379 FROM THE CALIFORNIA DEPARTMENT OF CONSERVATION, DIVISION OF RECYCLING - CITY AND COUNTY PAYMENT PROGRAM FUND FOR BEVERAGE CONTAINER RECYCLING PROGRAMS AND LITTER REDUCTION PROGRAM ACTIVITIES RESOLUTION AUTHORIZING ANNUAL APPLICATION SUBMITTALS TO THE CALIFORNIA DEPARTMENT OF CONSERVATION, DIVISION OF RECYCLING, FOR ALL AVAILABLE FUNDING UNDER THE BEVERAGE CONTAINER AND LITTER REDUCTION ACT - CITY AND COUNTY PAYMENT PROGRAM AND TO EXECUTE ALL NECESSARY DOCUMENTS IN CONJUNCTION WITH THE APPLICATION AND AWARD OF FUNDS THROUGH JUNE 30, 2012 DIRECTOR OF GENERAL S~YICES~~d- INTERIM CITY MANAGER jf 4/5THS VOTE: YES 0 NO [g] ITEM TITLE: BACKGROUND Annually, the California Department of Conservation, Division of Recycling (DOR) distributes $10.5 million to eligible cities and counties specifically for beverage container recycling and litter clean up activities (Section 14581 (a)(4)(A)). The goal of the DOR's beverage container recycling program is to reach and maintain an 80 percent recycling rate for all California Refund Value (CRV) beverage containers - aluminum, glass, plastic and bi-metal. Projects implemented by cities and counties assist the Department in reaching and maintaining their goal. Each city is eligible to receive a minimum of $5,000 or an amount calculated by the DOR, on a per capita basis, whichever is greater. These funds are available annually through the completion of a fill- in-the-blank, online application form. Chula Vista is eligible to receive $59,379 for 2007/2008. (A copy of the application is attached) ENVIRONMENTAL REVIEW Not applicable. 4-1 4/24/07,Itent~ Page 2 of 2 RECOMMENDATION I. Council adopt the resolution ratifying the application, and authorizing and empowering the City Manager or Designee to execute all documents necessary to secure the 2007-08 award of$59,379 from the California Department of Conservation, Division of Recycling - City and County Payment Program Fund for Beverage Container Recycling Programs and Litter Reduction Program Activities. 2. Council adopt the resolution authorizing annual application submittals to the California Department of Conservation, Division of Recycling, for all available funding under the Beverage Container and Litter Reduction Act - City and County Payment Program and to execute all necessary documents in conjunction with the application, award and execution of the funded activities through June 30, 2012. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION Chula Vista is eligible to receive a $59,379 award, calculated on a per capita basis for fiscal year 2007-08. Last year Chula Vista received $58,373. These funds are used to complement the City's AB 939 program funds. DOR funds may not be used for activities unrelated to beverage container recycling or litter reduction. There is no sunset to the provision that regulates these funds and the DOR anticipates the allocation remaining stable for several years. No local matching funds are required by the State and none are recommended. This is not a competitive grant program. To receive these funds requires the submittal of an online, "fill in the blank" application, annually. Therefore, staff is requesting authorization to apply for these funds through the Fiscal Year 2012. Staff will return to Council each year to appropriate the funds when received. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section I 8704.2(a)(l) is not applicable to this decision. FISCAL IMPACT The funds are awarded upon request and are directed to beverage container recycling and litter reduction programs. There will be no impact to the General Fund as a result of accepting these funds or implementing the programs described in the application. No matching funds are required. ATTACHMENTS A. Copy of electronic submittal form and program guidelines. Prepared by: Lynn France, Environmental Services Program Manager, General Services Department M:\General Services\GS Administration\Council Agenda\CRV Grants\CRV grant 2007-08, 4-24-07.doc 4-2 Funding Request Form Print View Page 1 of2 California Department of Conservation Division of Recycling Community Outreach Branch March 29, 2007 Funding Request Fonn Summary City/County: Chula Vista Eligible Amount: $59,379 Contact for Funding Request Fonn Mrs. Lynn France Environmental Services Program Manager City of Chula Vista General Services Department 1800 Maxwell Road Chula Vista, CA 91911- Phone: (619) 397-6221 ext Fax: (619) 397-6363 ext. Email: Ifrance@ci.chula-vista.ca.us Project Description We will be using these funds to promote more beverage container recycling in City parks, special events and large venues. We will be purchasing containers, signage and various public education pieces and give aways to help deliver the message to the attendees. Additionally, we traditionally use some of this money to walk the residential streets on service day to find residents that are recycling correctly. We will work with our Stormwater Division-to help with litter abatement in particular from over flowing waste and recycling carts. Supermarket site restrlcti~n: No Selected Activities Beverage Container Collection Programs Public Transportation Public Parks I Recreational Areas Entertainment Venues Community Centers Community Events Fairs Open Markets Equipment / Supplies Vehicle I Truck I Trailer Recycling Bins! Uners / Bags Safety Equipment (gloves, etc.) Personnel Contractor I Consultant Training other (Interns ) Advertising I Promotional Promotional Items Billboards I Signs Print Ads I Flyers I Posters Recycling Education General Public Recycling Hotline I Website Recycling Guides / Booklets / Brochures Exhibits / Booths School/Assemblies / Shows Schools Elementary Utter Clean..up Public Parks / Recreational Areas Roadways Community Events Equlpmenls I Supplies Recycled Content Products Park I Playground Equipment Signs Amount $15,000 $15,000 $12,379 $7,000 $5,000 $5,000 Grand Total $59,379 These funds may not be used for activities unrelated to beverage container recycling or litter reduction. [Public Resources Code 14581.(a}(4)(C)) https:/ /secure.conservatioo. ca.gov/Caprs/frf/MainlFRFPri~U3ew.aspx 03/29/2007 2007/2008 City/County Payment Program Guidelines Pursuant to Section 14581 (a)( 5)( A) of the California Beverage Container Recycling and Litter Reduction Act, the Department of Conservation (Department) is distributing $JO,500,OOO injiscal year 2007/08 to eligible cities and counties specifically for beverage container recycling and litter cleanup activities. The goal of the Department's beverage container recycling program is to reach and maintain an 80 percent recycling rate for all California Refund Value (CRV) beverage containers - aluminum, glass, plastic and bi-metal. Projects implemented by cities and counties will assist in reaching and maintaining this goal. Eligible Participants Incorporated cities and counties and unincorporated counties in California, as identified by the California Department of Finance, are eligible to receive funding under this program. - Allocation of Funds Each city is eligible to receive a minimum of $5,000 or an amount calculated by the Department, on a per capita basis, whichever is greater. . ,,__-- Each county is eligible to receive a _ _.~ -='1)1. minimum of $10,000 or an amount ,_~-,-"l calculated by the Department, on ,.,.,.~ a per capita basis, whichever is ,~_," ,greater. The per capita amount is calculated, based upon the ........'-' - - - . ~,. -'H':ih PZEF~jf'~~~' population, as of January 1,2006, in the incorporated areas of a city, city and county, or the unincorporated area of a county, as stated in the Annual City/County Population and Housing Estimate Report submitted to the Governor by the California Department of Finance. On-line Application Process All eligible cities and counties will receive an electronic invitation that will provide'aunique link directing them to the application process. The on-line application process requires the completion of two (2) forms: 1) City/County Profile Form 2) Funding Request Form (FRF) STEP 1 - COMPLETE THE CITY/COUNTY PROFILE FORM To access the profile form, click on the link provided in the electronic invitation and follow the instructions below. Review Payment Mailing Address This is the current address as indicated in the Department's database where the payments will be mailed. To comply with the-requirements of Chapter 8400 of the State Adrninistrative Manual (Warrants Payable to Counties), the county treasurer's address will l1li 4-4 be identified as the mailing address for counties. To make changes to the payment mailing address, you must call the Community Outreach Branch at (916) 322-0613 and ask for the assigned field representative. Review Primary Contact For cities, the authorized official (city manager, city clerk or mayor) should be identified as the primary contact and for counties, the current recycling coordinator, should be identified. To make changes to the primary contact information, call the Community Outreach Branch at (916) 322-0613 and ask for the assigned field representative. Review Secondary Contact For cities, the person responsible for overseeing the beverage container recycling program should be identified as the secondary contact. For counties, the county treasurer should be identified. Changes to the secondary contact information may be made directly on the electronic form. Establish Password . Select a passwoto (password must be 6 -15 characters long, have at least one uppercase character, one lowercase character and one number). . Select a password question and complete the password answer. . Write down the user name, password, password question and answer. . Select "Sign-up" to submit the profile. Review Profile Summary . Once you select the "Sign-up" button, a profile summary will appear that will enable the user to verify the information. . To make changes to the profile form, select the "Back" button on your browser. Once changes are made, the password and password question and answer will need to be re-entered Select "Sign-up" again to accept the changes. . Print a copy for your file. lID . The Department will send an electronic notice verifying receipt of the profile. A link directing the applicant to the next step will be included in the notice. . Select "Click Here" on the electronic notice to advance to Step 2. STEP 2 - LOGIN TO FUNDING REQUEST FORM Type in user name and password (Reminder: the user name is the city or county name with initial capitalization and no spaces). Select "LOGIN" to advance to Funding Request Form. If you forget your password, select "Forgot your password?" and follow the screen instructions. STEP 3 - COMPLETE THE FUNDING REQUEST FORM Read and complete all sections in white. Selecting "Save" at any time enables the user ~ to exit and complete the FRF later. ~R~ Contact for Funding Request Form (person completingform) - This may be the city or county w recycling coordinator, lead agency or JPA. Select "NEXT". Project Description - Provide a brief description of the project(s) you will implement. Supermarket Site Restriction - Select either yes or no to indicate whether the city or county has prohibited the siting of a certified recycling center at a supermarket site, caused a certified recycling center at a supermarket site to close its business and/or adopted a land use policy that restricts or prohibits the siting of a certified recycling center at a supermarket site within its jurisdiction. If yes, please provide an explanation in the box provided. Select "NEXT". 4-5 Project Activities - Select the appropriate box(es) identifying the beverage container recycling activity(ies) planned. Include estimated dollar amounts. The activities selected should be consistent with the project description. If changes to the dollar amounts are made, select the recalculate button to update the grand totaL The grand total must equal the eligible amount If "Other" is checked, a description is required in the text box provided. Select "NEXT". Funding Request Form Summary - A summary of the FRF will be displayed. Review the summary to verify the information is correct To make changes, select the "Previous" button. If changes are not required, proceed to the next step. Select "SAVE". To obtain a formatted copy of the Funding Request Form Summary, select "Print View" and print Select "NEXT". Disclaimer - Select "Yes, I Accept" or "No, I Don't Accept". If "No, I Don't Accept" is selected, the FRF will not be submitted and the city or county will not receive funding for the 2007/08 cycle. Select "SUBMIT". Once the FRF is submitted, you will not be able to access the form to make changes. To make a change, you must submit the request in writing (fax or e-mail) to the Department at the attention of your field representati ve. Once the FRF is submitted, a message will appear stating the on-line process is complete and the user may exit the program. The Department will send an e-mail to confirm the FRF was received. Another e-mail notice will be sent when the FRF is approved. Deadline to Submit The Department must receive the completed FRF no later than June 30, 2007. Any FRFs submitted after the June 30, 2007 deadline date will not be accepted. (PRC Section l458I(a)(5)(E). Eligible Activities for Expenditure of - Funds Pursuant to Section 14581 (a)(5)(C) of the Public Resources Code, these funds may not be used for activities ~nrelated to beverage container recycling or litter abatement. Approved project activities are listed in the Activity Summary, by category, on the FRF. An "other" box has been provided to allow additional activities to be listed. These are subject to approval by the Department Eligible activities for the use of these funds may include, but are not necessarily limited to: . SuPPOrt for new or existing curbside recycling programs. . Neighborhood drop-off recycling programs. . Public education promoting beverage container recycling. . Litter prevention and cleanup. . Product stewardship. . Cooperative regional efforts among two or more cities a.nd counties, or both. -' . Other beverage container recycling sustainable programs. Payments The Department will approve FRFs and authorize the State Controllers Office to make payments to each city and county at the beginning of the fiscal year (July I). The State Controller's Office has up to 30 days to process the payment The warrant will identify the source of funds as "DOC/Recycling" and will arrive without a cover letter to the city or to the county treasurer. Pursuant to Section 14581 (a)(5)(F) of the Public Resources Code, the Department may withh.otd payment to any city, or city and county that has prohibited the siting of a certified recycling senter at a supermarket site, caused a certified recycling center at a supermarket site to close its business, or adopted a land use policy that restricts or prohibits the siting of a certified recycling center at a supermarket site within its jurisdiction since January I, 2000. l1li 4-6 Recordkeeping In accordance with Title 14, Division 2, Chapter 5, Section 2085 of the California Code of Regulations, each eligible participant receiving funds must maintain documentation for five years from the date of preparation. Notification Requirements If changes to contact information or the FRF are necessary during the year, please contact the Community Outreach Branch at (916) 322-0613 or 1-800-RECYCLE and the assigned field representative will assist you. How to Reach Us California Department of Conservation Division of Recycling Community Outreach Branch 801 K Street, MS 17-01 Sacramento, CA 95814-3533 Telephone: (916) 322-0613 Fax: (916) 322-8758 Email: citvcounty@conservation.ca.~ov Regional field representative contact information is available on our website http://wwwconsrvca.gov/ OCR/grants/ want seekers/fra.htm Other Resources The Department provides free English and Spanish recycling bin labels and other recycling promotional material. For more information visit http://www.bottlesandcans.com/. To order bin labels, use the order form at http://www.conservation.ca.!l:ov 100 RI !:fantsl EmblemOrderForm.htm Additional Information Frequently Asked Questions - http://wwwconsrv.ca.l(ov/DOR/grants/grant seekers/ Imalies files/CCPPFAOs.pdf Historical City/County Funding - http://www.consrv.ca. ~ovIDORll!rants/CCHistFund. htm Notes l1li 4-7 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING THE SUBMITTAL OF A FUNDING REQUEST APPLICATION AND AUTHORIZING AND EMPOWERING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY TO SECURE THE 2007-08 AWARD OF $59,379 FROM THE CALIFORNIA DEPARTMENT OF CONSERVATION, DIVISION OF RECYCLING - CITY AND COUNTY PAYMENT PROGRAM FUND FOR BEVERAGE CONTAINER RECYCLING PROGRAMS AND LITTER REDUCTION PROGRAM ACTIVITIES WHEREAS, the California Department of Conservation, Division of Recycling [DOR] is distributing $1.5 million for Fiscal Year 2007-2008 from the California Beverage Container Recycling Fund to eligible cities and counties specifically for beverage container recycling and litter clean up activities; and WHEREAS, the goal of the DOR's beverage container recycling program is to reach and maintain an 80 percent recycling rate for all California Refund Value (CRV) beverage containers, which includes containers made of aluminum, glass, plastic, and bi-metal. WHEREAS, projects implemented by cities and counties assist the DOR in reaching and maintaining its goal; and WHEREAS, pursuant to the provisions of California Public Resources Code section 14581(a)(4)(A), each city is eligible to receive a minimum of $5,000 or an amount calculated by the DOR, on a per capita basis, whichever is greater; and WHEREAS, the City is eligible for a DOR grant in the amount of $59,379 for the fiscal year July I, 2007, through June 30, 2008; and WHEREAS, the City has submitted a grant application to obtain those funds; and WHEREAS, if received, the funds will be used to promote beverage container recycling and litter reduction practices, in City programs through public education, participation in community clean-up events, and production and distribution of brochures and other promotional materials. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Chula Vista ratifies the submittal of a request application to the California Department of Conservation, Division of Recycling, for Fiscal Year 2007-2008 for funds from the California Beverage Container Recycling Fund - City and County Payment Program. 4-8 Resolution No. 2007- Page 2 BE IT FURTHER RESOLVED, that the City Council of the City of Chula Vista authorizes the City Manager or Designee to execute all documents associated with application and acceptance of the grant funds. Presented by Approved as to form by "1\.~ {" <N\ ~ \<\r-k\\ Ann Moore City Attorney Jack Griffin Director of General Services J:\Attomey\RESO\GRANTS\Recycling Grant {thru 2007-08L04-24-07.doc 4-9 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORlZING ANNUAL APPLICATION SUBMITTALS TO THE CALIFORNIA DEPARTMENT OF CONSERVATION, DIVISION OF RECYCLING, FOR ALL A V AILABLE FUNDING UNDER THE BEVERAGE CONTAINER AND LITTER REDUCTION ACT - CITY AND COUNTY PAYMENT PROGRAM AND TO EXECUTE ALL NECESSARY DOCUMENTS IN CONJUNCTION WITH THE APPLICATION AND AWARD OF FUNDS THROUGH JUNE 30,2012 WHEREAS, the California Department of Conservation, Division of Recycling [DOR] annually distributes $1.5 million from the California Beverage Container Recycling Fund to eligible cities and counties specifically for beverage container recycling and litter clean up activities; and WHEREAS, the goal of the DOR's beverage container recycling program is to reach and maintain an 80 percent recycling rate for all California Refund Value (CRV) beverage containers, which includes containers made of aluminum, glass, plastic, and bi-metal. WHEREAS, projects implemented by cities and counties assist the DOR in reaching and maintaining its goal; and WHEREAS, pursuant to the provisions of California Public Resources Code section l4581(a)(4)(A), each city is eligible to receive a minimum of $5,000 or an amount calculated by the DOR, on a per capita basis, whichever is greater; and WHEREAS, to receive these funds, the City must submit a request for funds application, online, annually; NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Chula Vista authorizes the submittal of the annual application for funds to the California Department of Conservation, Division of Recycling - Beverage Container and Litter Reduction Act - City and County Payment Program for all available funding. BE IT FURTHER RESOLVED, that the City Council of the City of Chula Vista authorizes the City Manager or Designee to execute all documents associated with application and acceptance of the funds through June 30,2012. Presented by Approved as to form by Jack Griffin Director of General Services 0-~~ Ann Moore - City Attorney J:\Attomey\RESO\GRANTS\Recycling Grant (thru June 2012L04-24-07.doc 4-10 CITY COUNCIL AGENDA STATEMENT ,S}1'f::.. CITY OF '~CHULA VISTA APRIL 24, 2007, Item..2- ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPOINTING DAVID R. GARCIA AS CITY MANAGER AND APPROVING TERMS AND CONDITIONS OF HIS EMPLOYMENT AGREEMENT SUBMITTED BY: "fA CITY ATTORNEY 0- 4/5THS VOTE: YES D NO ~ BACKGROUND The City Council directed that a resolution be prepared setting forth the terms and conditions for the initial employment of the new City Manager, David R. Garcia, as negotiated by the City Council with Mr. Garcia. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" in accordance with Section l5378(b)(2) of the State CEQA Guidelines because it is a personnel related action; therefore, pursuant to Section l5060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Adopt resolution appointing David R. Garcia as City Manager of the City of Chula Vista, approving the terms and conditions of his employment agreement with the City, and authorizing the Mayor to execute the agreement on behalf of the City. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION 5-1 April 24, 2007, Item----2- Page 2 of2 10 the summer of 2006, the City Council contracted with Bob Murray and Associates to conduct an executive search for a City Manager. Mr. Murray conducted an extensive nationwide search for a candidate based on criteria established by the City Council. On April 17, 2007, the City Council voted in closed session and announced immediately thereafter its intent to appoint David R. Garcia to the position. Since 2003, Mr. Garcia has served as the County Administrator of Yuma County, Arizona. He has also held the following positions: City Manager of Corpus Christi, Texas; Deputy City Manager of the City of Phoenix; Deputy Administrator of the City of Los Angeles' Community Redevelopment Agency; and Special Projects Director for the City of San Antonio. Mr. Garcia has been employed in executive level municipal management for the past 25 years. City of Chula Vista Charter Sections 400(a) and 500 provide that the City Council shall appoint the City Manager, who shall serve as the executive officer of the City. Section 400 further provides that the City Council shall fix the salary and other terms and conditions of the City Manager's employment. The negotiated salary for Mr. Garcia is $225,000 with other compensation and benefits set by and consistent with the City's Compensation Summary for Executive Management. This resolution formally appoints Mr. Garcia as City Manager, approves the employment agreement negotiated between the Council and Mr. Garcia, and authorizes the Mayor to execute the agreement on behalf of the City. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific; consequently, the 500-foot rule found in California Code of Regulations section I 8704.2(a)(l) is not applicable to this decision. FISCAL IMPACT This agreement is within the amount budgeted for the position. ATTACHMENTS Resolution and employment agreement Prepared by: Sharon Marshall, Senior Assistant City Attorney, Attorney's Office J: IAttorneylSharonM\Agenda Statements \Dave Garcia _04-24-07. dot 5-2 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPOINTING DAVID R. GARCIA AS CITY MANAGER AND APPROVING TERMS AND CONDITIONS OF HIS EMPLOYMENT AGREEMENT WHEREAS, the City Council of the City of Chula Vista in closed session on April 17, 2007, agreed to appoint David R. Garcia as the City Manager of the City of Chula Vista by a vote of 5-0, and announced its intent to make that appointment immediately after the closed session; and WHEREAS, David R. Garcia has accepted the appointment; and WHEREAS, it is necessary and appropriate to establish the terms and conditions of the appointment. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that pursuant to Sections 400 and 500 of the Charter of the City of Chula Vista, the City Council appoints David R. Garcia as City Manager of the City of Chula Vista and establishes and approves the terms and conditions of his employment as set forth in the agreement, which is Attachment A and incorporated herein by reference. BE IT FURTHER RESOLVED that the City Council authorizes the Mayor to execute the agreement on behalf of the City. Presented by Approved as to form by Ann Moore City Attorney G-~ Ann Moore City Attorney J:lAttorney\RESO\HR\CITY MANAGER _ 04-24-07.doc 5-3 I THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL -~'(~ \'~'(+.,~\\ Ann Moore City Attorney Dated: \\ \''(1 \ \"3 -,7 (jc-;,l Agreement between the City of Chu\a Vista and David R. Garcia 5-4 AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND David R. Garcia This Agreement is made and entered into this 11th day of June, 2007, by and between the City of Chula Vista ("City"), a chartered municipal corporation ("Employer" or "Council") and David R. Garcia, ("Garcia" or "Manager"), with reference to the following facts: A. Whereas, the City Manager is an appointed position, as set forth by the City of Chula Vista Charter Section 500; and B. Whereas, the City Council desires to appoint Garcia as the City Manager; and C. Whereas, Garcia desires to accept employment as the City Manager; and D. Whereas the Council and Garcia wish to memorialize the terms and conditions of such employment. NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Term and Nature of Employment. Nothing herein shall prevent, limit or otherwise interfere with the right of the Manager to resign from his position with the City provided however, that should Garcia resign within six (6) months from his date of appointment, for other than medical reasons, Garcia shall repay the City for all the relocation costs paid to him by the City. a. Employer agrees to pay the Manager an annual salary of $225,000, payable in the same manner as other employees of the City effective the first day of his employment with the City. b. The Employer shall pay the Manager's Public Employees Retirement System contribution. c. The Employer shall pay the Manager an automobile allowance of $1,000 per month. d. The Manager shall be able Compensation Program, provided responsible for paying for such with no match from the City. participate in the City's 401(a) from the City. to participate in the Deferred however, Manager shall be amounts from his gross salary In addition, Manager may plan with a 5% of salary match e. The Manager will receive the executive fringe benefit package, except as specifically set forth herein, and shall be covered by the same health, dental and disability insurance plans as all other executive employees. Coverage shall be in full force and effect immediately upon the Manager's start of full time employment with the City. f. The City shall provide Garcia with a policy in accordance with the City's executive package. life insurance fringe benefit g. outside will be hours a off from The City Manager position routinely requires working of normal business hours and on weekends. The Manager available to discharge these duties 7 days a week 24 day as needed. The Manager is authorized to take time work when appropriate and when duty allows. Section 3. Relocation Expenses. a. Employer shall pay for the normal and reasonable moving expenses for relocating Garcia, his family and personal property from Yuma, Arizona to Chula vista. The moving expenses shall include packing, moving, storage costs for up to 6 months, unpacking, and insurance charges customarily charged by reputable moving companies. Garcia agrees to secure at least three (3) bids from reputable moving companies for such services and shall use the lowest responsible bidder. Employer agrees to pay the moving company for all such expenses directly. b. Employer agrees to reimburse Manager for other reasonable and normal costs necessary to secure housing and for any interim housing needs up to a maximum of $20,000, upon Garcia providing the City with receipts for said expenses. Section 4. Vacation and Sick Leave. a. highest Manager program Manager shall receive sick leave under the City's rate of accrual for executive managers. In addition, may participate in the City's "Sick Leave Buy Backu in accordance with existing City Policy. 2 b. highest Manager rate of shall receive vacation leave accrual for executive managers. under the City's c. The City will provide per year of administrative holidays. the Manager with eighty leave and three (3) (80) hours floating d. On the first day of employment with City, Garcia will be credited with a bank of 80 hours of vacation leave and 80 hours of sick leave. Section 5. Dues, Memberships. Employer agrees to pay, wi thin existing City the professional dues, subscriptions, travel expenses in the following national, regional associations: Policy, for and related and local 1. International City/County Management Association (ICMA). 2. League of California Cities. 3. National League of Cities. 4. San Diego County/City Managers Association. 5. National Academy of Public Administration Section 6. Severance Pay. a. In the event the Manager is terminated without cause, or if the Manager resigns in lieu of termination within the first two (2) years of his employment, the Manager shall receive compensation in a lump sum cash payment equal to twelve (12) months of the Manager's annual salary and health insurance payments. The Manager will also receive payment for all accrued vacation leave. b. In the event the Manager is terminated without cause, or if the Manager resigns in lieu of termination after the first two (2) years of his employment, the Manager shall receive compensation in a lump sum cash payment equal to nine (9) months of the Manager's annual salary and health insurance payments. c. If the Manager is terminated for malfeasance in office or is convicted of a crime involving moral turpitude there will be no severance payments. 3 ... . ----,_._....,...---- Section 7. Performance Evaluation. a. The Council shall review and evaluate the performance of the Manager wi thin the first six (6) months of Manager commencing employment with the City; the second performance review shall be at the end of six (6) months after the initial performance review, and then annually thereafter at the anniversary of his appointment. Employer and Manager agree that except for any cost of living adjustments provided to all city employees, any increase to the Manager's salary shall be based on such performance evaluations. b. In the event that the Council chooses to reduce the Manager's salary in a percentage greater than an across the board reduction applicable to all executive employees, the Manager will be deemed to be terminated and the provisions of Section 6.a. will apply. Section 8. Conflict of Interest Prohibition. The Manager shall not employment with the City, in specifically allowed below) Council: engage, during the term of his the following acti vi ties (except as wi thout the prior consent of the I. Invest or participate, ei ther individually, as a partner, officer, or shareholder, in any business, corporation, business venture or joint venture, which is conducting business in the corporate limits of Chula Vista, except for stock ownership in any company whose capital stock is publicly held and regularly traded. 2. Invest in any real estate or property improvements within the corporate limits of the City of Chula Vista, except for a personal residence or residential property acquired or held for future use as Manager's personal residence. 3. Provide consulting services to any company, business venture or any other types of business entity conducting business in the corporate limits of Chula Vista. Section 9. Indemnification The Employer will defend and pay any costs and judgments assessed against Garcia arising out of any act or omission by Garcia which has occurred in the course and scope of the performance of his duties under this Agreement as permitted and 4 04/24/2007 18:02 3283731120 PAGE 01 provided by law, including without limi.tations California Code sections 825, 995, and 995.2 through 995.8. This AgreemeIit is cOIitingent upon the completion of a pre- employment physical by Garcia. The undersigned parties conditions of this Agreement the 11th day of June 2007. hereby agree to the termS and aIid enter into this Agreement on Cheryl Cox, Mayor .-r THE CITY OF CHULA VISTA Attest: Susan Bigelow City Clerk Approved as to form by: Ann Moore City Attorney J:\AttOme)'\SharonM\AQreements\DaviCl Garcia'S contract 4 24 07.doc 5 --_.._~--...,_.~.,._.~.._-" COUNCIL INFORMA nON MEMORANDUM DATE: April 20, 2007 SUBJECT: The Honorable Mayor and City Counc~ Jim Thomson, Interim City Manager (J! James D. Sandoval, AICP, Director of Planning and BUildin~ Agenda Items 6A & B, April 24, 2007, Council Meeting; Second Reading of Ordinance Amendments to CVMC Chapters 19.07 & 19.80 TO: VIA: FROM: At the April 12, 2007, public hearing on the above noted Ordinance amendments, Council approved the proposed amendments on first reading, and set them for consideration for second reading and adoption on April 24, 2007. As part of its first reading actions on April 12, Council approved some relatively minor language changes to the amendments regarding CVMC Chapter 19.07 - Specific Plans. Per that direction, a resulting final version of the proposed amendments for second reading is attached to this memo, and reflected in underlined italic text. For reference, the items reflecting amendments include sections 19.07.011 A.7.d, 19.07.012 A.3 & 4, and C,3 & 4. The Ordinance amending CVMC Chapter 19.80 was approved on first reading as presented, and is attached for second reading in its original form. During its deliberations and actions, Council acknowledged that Councilman Ramirez intended to further explore questions and concerns expressed by some constituents, and may hold one or more forums to do so prior to second reading consideration. It was also acknowledged that suggestions for potential revisions to the recommended Ordinance amendments could arise from those discussions. A public discussion meeting with Councilman Ramirez and staff from the Planning and Building, and Community Development Departments and City Attorney's Office was held on the evening of April 18, 2007. There were essentially two topics that arose for which those present would like possible additional language changes made in the proposed Ordinance amendments to CVMC 19.07 regarding specific plans. Following is an overview of those two items along with a staff response: . More definition of facilities triggers - felt that there needed to be more specific or tighter references to requirements that specific plans must identify particular trigger points (amount of development, etc.) at which time certain identified facilities and services must be provided. Second Reading- Ordinance Amendments to CYMC 19.07 & 19.80 Page 2 Staff response - the current proposed Ordinance amendments include provisions in Section 19.07.011.7.c & d, that require a specific plan's facility and service plan component to identifY a development phasing schedule that addresses the timinJ!. fur installation of required facilities and services, along with financing and fimding program fur those consistent with the phasing schedule. A common. industry standard component fur these facility and service funding and phasing plans is a list of "trigger" points that tie a particular amount or increment (!I development to a set of related facility and service provision milestones. This is common of our experiences to-date with the Public Facility Financing Plans (PFFPs) used in eastern Chula Vista. While we recognize that circumstances are different when dealing with infill and redevelopment conditions in western Chula Vista, the provision of appropriate "trigger" mechanisms remains a fundamental expectation 0/ a specific plan's required facilities phasing and funding plan as contemplated under proposed Ordinance Section 19.07.011. 7.c & d. Adding language changes to more .\pecifically reference the use 01 "triggers" would not be inconsistent with overall intent o/staff's proposal. but is not essential in staff's view given the common industry expectations of the plans required. 1fCouncil would like additional specificity, staff can prepare languagefor consideration . Metering specific plan zoning changes involving R1 and R2 zoned land - felt that it is the existing RI and R2 zoned areas that would most feel the effect of changes brought on by higher density development, and that residents in those areas should be afforded time to acclimate/adjust to these changes. Thcy fclt that the phasing-in of character changes in these areas was an important component of the Cummings Initiative. As a result, they feel that the proposed Ordinance provisions for specific plans should contain a component indicating that when specific plans involve zoning changes to higher density and/or mixed use development on existing RI and R2 zoned properties, that zoning should be phased in such that the change is effectively not more that an RI to R2 to R3 type transition in any 2-year period. They were open to other period durations and the particular mechanisms that would accomplish this, provided the phased intent was met. Staff response- typically, zoning actions taken to implement the General Plan allow jiJr a level and type of development consistent with the General Plan vision When potential character/transition issues may be at-hand given the specific plan '.I' zoning proposals in relation to existing zoning and development conditions in a particular area, those issues are usually addressed through provisions within the ,'pecific plan itself Circumstances surrounding particular properties in particular areas, and the degree or extent to which the specific plan 's proposals may create "transition" issues to higher intensity development. can vary greatlyfrom area to area. Having a rigid zoning step transition formula based on the R I-R2-R3 zoning progression could Second Reading- Ordinance Amendments to CVMC 19.07 & 19.80 Page 3 potentially have unintended consequences on the feasibility and logical phasing of development. While staff agrees that transition of existing development patterns to those envisioned by the General Plan needs to take into consideration the physical and social affects on existing populations, staff feels that each specific plan should have the opportunity to react to its particular circumstances as they may vary from area to area. Council should direct to staff as to whether it would like provisions regarding phased zoning for existing R1 and R2added to proposed specific plan requirements in CVMC 19.07, and if so, whether that should be added generically, or in the R1 to R2 to R3 fashion as suggested by the meeting participants, and currently referenced in the CVMC 19.80. In conclusion, it remains staffs positIOn that the proposed Ordinance amendments as presented and approved on first reading provide for an adequate evaluation and obligation for any specific plan to sufficiently address purposes and intents of the Cummings Initiative. This includes the provision of an organized land use vision and plan that addresses community character issues, identification of the needed facilities and services to support the planned land uses, and a facilities and funding plan that ensures the facilities and services will be available in a timely manner based on development phasing. H:\PLANNING\GeneraI_Plan\GPU_Implementation\CVMC 19.07 & 19.80 Amendments\CC info memo 2nd reading. doc ~\)O?i\O~ f"\ ?.Er>.'i)\~G. r>.~\) 5'C.CO~v ORDINANCE OF THE CITY OF CHULA vISTA AMENDING CIillLA VISTA MUNICIPAL CODE CHAPTER 19.07 - SPECIFIC PLANS ORDINA."<CE NO. WHEREAS, in 1984 the State of California enacted Government Code Sections 65450-65457 that allow for the preparation of specific plans to implement a city's General Plan, and which are incorporated into CYMC Chapter 19.07 - Specific Plans; and WHEREAS, specific plans must identify the proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan, and needed to support the land uses, and must include a plan and mechanisms for the provision of said public services and facilities commensurate with growth; and WHEREAS, as a result, and pursuant to Government Code Section 65451, zoning or rezoning land under a planned community (PC) zone is analogous to rezoning as part of a specific plan, in that, both must: (i) be consistent with the City's General Plan; (ii) comply with the City's growth management programs; (iii) contribute proportionally to public services and facilities through the City's various impact fee programs; (iv) identify the public facilities and services needs ofthe proposed development, as well as how those needs will be met; and (v) complete an environmental review process which includes identification of mitigation measures related to significant environmental impacts, which can include but not be limited to the provision of public services and facilities; and WHEREAS, CYMC 19.09 has further integrated standards and facilities evaluation, and plans for the funding and phasing of public services and facilities commensurate with growth, into the development process and has established the requirement for related "Public Facilities Financing Plans ("PFFPs") as part of Sectional Planning Area ("SPA") Plan process; and WHEREAS, CYMC Chapter 19.07 contains the provisions and requirements that govern the preparation of specific plans within the City of Chula Vista; and WHEREAS, the last update to CYMC 19.07 pre-dated the establishment of the majority of the City's current growth management provisions, including the adoption of CYMC 1909; and WHEREAS, in order to be clearer regarding requirements for local specific plans, including the required facilities and services plan, and their relation to City growth management provisions, it would be beneficial to update CYMC 19.07 to reference such requirements; and 6/1-( Ordinance No. Page 2 WHEREAS, the proposed amendments to CVMC19.07 (Attached in Exhibit A hereto) are intended to accomplish this by listing the required components for specific plans and their accompanying public facility and service plans, and by adding findings to be made by the Planning Commission and City Council as part of their actions on specific plans; and WHEREAS, the Planning Commission held a duly noticed public hearing on March 28, 2007, and recommended that the City Council adopt an Ordinance approving the proposed zoning text amendments; and WHEREAS, the proceedings and evidence introduced before the Planning Commission at the public hearing on this proposal held March 28, 2007, and the minutes and resolution resulting there from, are hereby incorporated into the record of these proceedings; and WHEREAS, the City Clerk set the time and place for a hearing on said zoning text amendments by the Chula Vista Redevelopment Corporation and the City Council for April 12, 2007, and notice of said hearing, together with its purpose, was given pursuant to California Government Code 65091 and 65092 at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely on April 12, 2007, at 6:00 p.m. in the City Council Chambers, 276 Fourth Avenue, before the Chula Vista Redevelopment Corporation and the City Council; and WHEREAS, after hearing staff presentation and receiving public testimony said hearing was thereafter closed; and WHEREAS, the Chula Vista Redevelopment Corporation approved a Resolution recommending that the City Council adopt an Ordinance approving the proposed zoning text amendments; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that there is no possibility that the activity may have a significant effect on the environment because the project consists of amendments to the City of Chula Vista Municipal Code to clarify the requirements of Chapters 19.07 and 19.80; therefore, pursuant to Section 1S061(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA., and no environmental review is necessary. NOW THEREFORE THE CITY COUNCIL of the City of Chula Vista, does hereby ordain as follows: 1. That specific plans, prepared pursuant to Government Code Section 65450 et seq. and Chula Vista Municipal Code Chapter 19.07, are similar to the planned ~ fI~;J- Ordinance No. Page 3 community (PC) zone and its implementing SPA plans, and also require a plan for. and mechanisms to ensure that, new development provides adequate public services and facilities. 2. That the proposed amendments to CVMC Chapter 19.07 as presented in Exhibit A attached hereto are in keeping with, and complement and reinforce provisions of, CYMC 19.09 and 19.80 by further clarifying the City's requirements for specific plans. including required public facility and service plans, and by adding required findings for Planning Commission and City Council actions on specific plans to ensure consistency with the intents ofCVMC 1909 and 19.80. 3. That the proposed amendments to CVMC Chapter 19.07 as presented in Exhibit A attached hereto, will effectively ensure that needed public facilities and services to support the specific plan's land uses will be provided in advance of, or concurrent with development. 4. That Chula Vista Municipal Code Chapter 19.07 be accordingly amended as depicted in the strike-through/underline format in Exhibits A attached hereto. Effective Date This ordinance shall take effect and be in full force on the thirtieth day from and after its second reading. Presented by Approved as to form by James D. Sandoval Director of Planning and Building Ann Moore City Attorney d?A -- :5 Exhibit A to City Council Ordinance Proposed Amendments to Chnla Vista Municipal Code Chapter 19.07 SPECIFIC PLANS Sections: 19.07.010 Statutory authority- Scope of. 19.07.011 Requirements and content. 19.07.012 Findings required for recommendation and adoption. 19.07.020 .\llmiflistffilisa sf. Repealed. 19.07.030 Zoning implementation thereof. 19.07.035 Repealed. 19.07.010 Statutory authority - Scope of. Sections 65450 through 65507 of the Government Code of the state relating to the authority for the scope of specific plans, and the procedures for the adoption of specific plans, are hereby adopted and incorporated herein by reference as though set forth in full. The fee for processing specific plan amendments and specific plan development proposals or modifications shall be the required fee(s). (Ord. 2506 S I, 1992; Ord. 2011 S I, 1982; Ord. 185492,1979; Ord. 1825 91, 1978). 19.07.011 Requirements and content. A. Snecific Plans shall consist of a nlan diagram or diagrams. an accompanYing text. and other attachments and exhibits as mav be necessaTV. to specify all of the following in detail to the satisfaction of the Director of Planning and Building and/or their designee: 1. A statement and discussion of the relationshin and consistency of the Specific Plan to the Citv's General Plan. 2. The type. distribution. location. amount. and intensity of allland uses within the area covered by the Plan. 3. The approximate total nopulation anticipated within the Plan's area. 4. A deniction of any and ail subareas or other districts within which the Plan's provisions will be applied. 5. The standards. regulations. criteria and guidelines by which all development shall proceed within the Plan and any of its subareas or districts. 6. The Proposed distribution. location. extent and intensity of public facilities and services within the area covered by the Plan. and needed to support the land uses included in the Plan. including but not Exhibit A to City Council Ordinance Proposed Amendments to CYMC 19.07 (April 2007) Page lof4 ~1j~1 limited to transportation. sewer. drainage. water. Darks. etc. 7. A program indicating how and when the facilties and services necessarY to SUlltlort the develotlinl! land uses will be installed or financed. and including the following: a. A list of the facilties and services. b. An inventorv of present and future requirements for each facility and service based upon the City's Growth Management Threshold Standards. c. A phasing schedule that addresses the timing for installation or provisions for required facilities and services. d. A financing program identifying the methods for funding those facilities and services consistent with the phasing schedule. S. Provisions and orocedures for the comorehensive implementation and administration ofthe Plan. 19.07.012 Findinl!s reauired for recommendation and adootion. A. The olanning conurussion. after a oublic hearing. may recommend aooroval of a specific plan provided that it finds that the facts submitted with the olan and oresented at the hearing establish that: 1. The specific plan is in comformance with the City's General Plan. 2. The specific plan was orepared in accordance with the City's municipal code and the California Government Code provisions governing specific plans. 3. That the associated demands on oublic facilties and services due to develooment allowed by the specific olan will be mitigated orior to. or concurrent with the develooment. and in confromance with the City's Growth Management Ordinance CYMC 19.09. B. The olanning comnnsslOn may recommend disaoproval of the soecific olan. may recommend aooroval of said olan as submitted. or may recommend aooroval of said plan subiect to soecified modifications. C. The city council. based uoon receipt of the olanning commission recommendation on the specific plan shall conduct a oublic hearing thereon. The city council may anomve. deny or modify the olan. Anv action of Exhibit A to City Council Ordinance Proposed Amendments to CYMC 19.07 (April 2007) Page 2 of4 !P 11-:f aouroval. or aooroval subiect to modifications. by the city council shall also be subiect to the folJowine findinflS: 1. The soecific olan is in comformance with the City's General Plan. 2. The soecific olan was oreoared in accordance with the City's municipal code and the California Government Code provisions governing specific plans. 3. That the associated demands on oublic facilties and services due to develooment allowed by the soecific plan will be mitigated PDor to, or concurrent with the develoomenl and in conformance with the City's Growth Management Ordinance CYMC 19.09. 19.97.029 ,\t1miRistFBtiaR af. Sections e555Q tfJrcnlgR 65553 eftlle Gevemmeftt Ceae aftlle state relaaag te The BElHHnistratiaA Bf SJleeias p]lHlS afe hereby aeBfltea ana inssfJ!'sratea herein by reference as though set fertfl in flill. (Ord. ]854 ~ 2, 1979; Oni. 1825 ~ 2, 19"78). 19.07.030 Zoning implementation thereof. A. Specific plans may be implemented through the adoption of standard zoning ordinances, the planned community zone, as provided in this title, or by plan effectuation standards incorporated within the text of an individual specific plan. The method of implementing an individual specific plan shall be established and expressed by its adopting resolution or ordinance. If the specific plan is to be implemented through the use of standard zones, any open space uses or other public uses so designated on the specific plan may be allowed to be developed in a manner logically consistent with and in conformity to adjacent and contiguous land uses as shown on the specific plan; provided, however, the developer must show that such development, which must be residential, thus allowed will not increase the overall density of the total area incorporated into the specific plan. Further, in no case shall any designated open space land, or land designated for other public use in said specific plan, be developed for any use other than residential. Should all adjacent and contiguous land uses be designated for uses other than residential, the underlying land use on such open space may be requested for development at no greater density than that allowed in the R-E zone. B. If any territory subject to an adopted specific plan is zoned P-C, the involved property owners may register their concurrence with terms and provisions of the adopted specific plan, and may proceed with development in accordance therewith; provided, that the required fees are paid, and the procedural and substantive requirements of the p-e zone are met. The said registration of concurrence shall, by operation oflaw, establish the adopted specific plan as the general development plan of the involved P-C zone. If the property owners do not register their concurrence with the terms and provisions of the adopted specific Exhibit A to CIty Council Ordinance Proposed Amendments to CYMe 19.07 (April 2007) Page 3 of4 jpl1-{P plan, they may proceed with the development of their property through the use of standard zoning, as provided hereinabove. C. When a specific plan is adopted and existing zoning is thereby inconsistent with the specific plan and the developer desires to develop the property in accordance with the existing zoning, the developer must first submit a proposed amendment to the specific plan. All such amendments shall be subject to public hearings by the planning commission and the city counciL If the amendment is adopted, the developer can proceed with the normal processing of the development proposal. Notwithstanding the above provisions, those projects which have been substantially processed consistent with existing zoning and which are affected by a specific plan may proceed; provided, that the zoning administrator issues in each case a permit to complete processing based upon the [mdings that the effectiveness of the specific plan and the order and amenity of the community would not be substantially impaired by the issuance of the permit. Projects shall be deemed to be substantially processed where the property owners have procured approved tentative subdivision or parcel maps, building permits, conditional use permits, or design review committee approvals, in furtherance of the proposed projects. The zoning administrator, furthermore, may deem that projects have been substantially processed where the involved property owners have submitted tentative subdivision or parcel maps or applications for design review, but are awaiting consideration by the appropriate city agency or officiaL Appeals from the actions of the zoning administrator may be filed, within 10 days after the dates of said actions, with the planning commission. Further appeals to the city council may be submitted pursuant to the provisions of CVMC 19.14.110 and 19.14.130. COrd. 2327 91, 1989; Ord. 2076 ~ 1,1984; Ord. 1854 ~ 2,1979; Ord. 1825 ~ 2, 1978). 19.07.035 Supersedence ofzoning designations. Repealed by Ord. 2532 J 10,1992. (Res. 11903, 1985).* * Code reviser's note: Ord. 2532 renumbered the provisions of this section to be Chs. 19.81 to 19.87 CYMC. H:\PLANNlNG\Gencral_Plan\GPU_Implementation\CVMC 19.07 & 19.80 Amendments\CVMC 19.07 text amend (mal CC.doc 1 (,...~, " .. Exhibit A to City Council Ordinance Page 4 of 4 Proposed Amendments to CYMC 19.07 (April 2007) 6A/7 Final, Post-Hearing Version of Exhibit A to City Council Ordinance Regarding Proposed Amendments to Chula Vista Mnnicipal Code Note: The following reflects the final version of the amendments to CVMC Chapter] 9.07 as placed on first reading by the City Council thorugh its actions at the public hearing on April ]2,2007. The approved additional revisions are refected in underlined italic text.-- Chapter 19.07 SPECIFIC PLANS Sections: ] 9.07.0] 0 Statutory authority - Scope of. 19.07.0] ] Requirements and content. 19.07.0]2 Findings required for recommendation and adoption. 19.97.929 f.dmiaistFlltisa sf. Repealed. ] 9.07.030 Zoning implementation thereof. ] 9.07.035 Repealed. 19.07.010 Statutory authority - Scope of. Sections 65450 through 65507 of the Government Code of the state relating to the authority for the scope of specific plans, and the procedures for the adoption of specific plans, are hereby adopted and incorporated herein by reference as though set forth in full. The fee for processing specific plan amendments and specific plan development proposals or modifications shall be the required fee(s). (Ord. 2506 ~ ], ] 992; Ord. 20]] ~ I, ] 982; Ord. 1854 ~ 2, ] 979; Ord. ] 825 ~ 2, 1978). .19.07.011 Requirements and content. A. Specific Plans shall consist of a plan diagram or diagrams, an accompanving text. and other attachments and exhibits as mav be necessary. to specify all of the following in detail to the satisfaction of the Director of Planning and Building and/or their designee: I. A statement and discussion of the relationship and consistencv of the Specific Plan to the City's General Plan. 2. The tvpe. distribution. location, amount. and intensity of all land uses within the area covered bv the Plan. 3. The approximate total population anticipated within the Plan's area. 6f1-CZ 4. A depiction of anv and all subareas or other districts within which the Plan's provisions will be applied. 5. The standards. regulations. criteria and guidelines bv which all development shall proceed within the Plan and anv of its subareas or districts. 6. The proposed distribution, location. extent and intensity of public facilities and services within the area covered bv the Plan. and needed to support the land uses included in the Plan. including but not limited to transportation. sewer, drainage, water. parks. etc. 7. A program indicating how and when the facilties and services necessarv to support the developing land uses will be installed or financed. and including the following: a. A list of the facilties and services. b. An inventorv of present and future requirements for each facilitv and service based upon the City's Growth Management Threshold Standards. c. A phasing schedule that addresses the timing for installation or provisions for required facilities and services. d. A financing program identifying the methods for funding those facilities and services consistent with the phasing schedule. and insures that the funds are spent on said facilities pursuant to the phasing schedule. 8. Provisions and procedures for the comprehensive implementation and administration of the Plan. 19.07.012 Findin!!s reouired for recommendation and adoption. A. The planning commission. after a public hearing. mav recommend approval of a specific plan provided that it finds that the facts submitted with the plan and presented at the hearing establish that: 1. The specific plan is in comformance with the City's General Plan. 2. The specific plan was prepared in accordance with the City.s municipal code and the California Government Code provisions governing specific plans. 3. That the associated demands on public facilties and services due to development allowed bv the specific plan are identified prior to the development. and will be blJ~q mitigated orior to. or concurrent with the deve]ooment. and in confromance with the City's Growth Management Ordinance CYMC ] 9.09. 4. That a financinf! vrOl!ram has been vreavred which identifies the methods for fundinf! for those facilities and services consistent with the vhasinf! schedule . and insures that the funds are svent on said facilities vursuant to the vhasinf! schedule. B. The o]anning commISSIOn may recommend disaoorova] of the soecific o]an. may recommend aooroval of said olan as submitted. or may recommend aooroval of said olan subiect to soecified modifications. C. The city council. based uoon receiot of the o]anning commission recommendation on the soecific olan shall conduct a oub]ic hearing thereon. The city council may aoorove. deny or modify the o]an. Any action of aooroval. or aooroval subiect to modifications. by the city council shall also be subiect to the following findings: 1. The soecific olan is in comformance with the City's General Plan. 2. The soecific o]an was oreoared in accordance with the City's municioa] code and the California Government Code orovisions governing soecific o]ans. 3. That the associated demands on oub]ic facilties and services due to develooment allowed bv the soecific olan are identified vrior to the develovment. and will be mitigated orior to. or concurrent with the develooment. and in conformance with the City's Growth Management Ordinance CYMC ] 9.09. 4. That a financinf! vrOl!ram has been vreavred which identifies the methods for fundinf! for those facilities and services consistent with the vhasinf! schedule. and insures that the funds are svent on said facilities vursuant to the vhasinf! schedule. 19.07.020 AlIlHiHistmtioH of. SectieRs e555Q throllgH e5553 of tlle GO'.eflllHeRt Cese of tHe state re]atiRg to the aEllHiRistflltioR of s]3eeifie ]3laRs are HereBY ase]3tes aRS iRcofJ3omtea hereiR BY refereRee as tllough set fer#! iR [till. (Ora. ] &51 ~ 2, ] 979; Ora. ] 825 ~ 2, ] 978). 19.07.030 Zoning implementation thereof. A. Specific plans may be implemented through the adoption of standard zoning ordinances, the planned community zone, as provided in this title, or by plan 6;q~/O effectuation standards incorporated within the text of an individual specific plan. The method of implementing an individual specific plan shall be established and expressed by its adopting resolution or ordinance. If the specific plan is to be implemented through the use of standard zones, any open space uses or other public uses so designated on the specific plan may be allowed to be developed in a manner logically consistent with and in conformity to adjacent and contiguous land uses as shown on the specific plan; provided, however, the developer must show that such development, which must be residential, thus allowed will not increase the overall density of the total area incorporated into the specific plan. Further, in no case shall any designated open space land, or land designated for other public use in said specific plan, be developed for any use other than residential. Should all adjacent and contiguous land uses be designated for uses other than residential, the underlying land use on such open space may be requested for development at no greater density than that allowed in the R-E zone. R If any territory subject to an adopted specific plan is zoned P-C, the involved property owners may register their concurrence with terms and provisions of the adopted specific plan, and may proceed with development in accordance therewith; provided, that the required fees are paid, and the procedural and substantive requirements of the P-C zone are met. The said registration of concurrence shall, by operation of law, establish the adopted specific plan as the general development plan of the involved P-C zone. If the property owners do not register their concurrence with the terms and provisions of the adopted specific plan, they may proceed with the development of their property through the use of standard zoning, as provided hereinabove. C. When a specific plan is adopted and existing zoning is thereby inconsistent with the specific plan and the developer desires to develop the property in accordance with the existing zoning, the developer must first submit a proposed amendment to the specific plan. All such amendments shall be subject to public hearings by the planning commission and the city council. If the amendment is adopted, the developer can proceed with the normal processing of the development proposal. Notwithstanding the above provisions, those projects which have been substantially processed consistent with existing zoning and which are affected by a specific plan may proceed; provided, that the zoning administrator issues in each case a permit to complete processing based upon the findings that the effectiveness of the specific plan and the order and amenity of the community would not be substantially impaired by the issuance of the permit. Projects shall be deemed to be substantially processed where the property owners have procured approved tentative subdivision or parcel maps, building permits, conditional use permits, or design review committee approvals, in furtherance of the proposed projects. The zoning administrator, furthermore, may deem that projects have been substantially processed where the involved property owners have submitted tentative subdivision or parcel maps or applications for design review, but are awaiting consideration by the appropriate city agency or official. 6 f/, II Appeals from the actions of the zoning administrator may be filed, within 10 days after the dates of said actions, with the planning commission. Further appeals to the city council may be submitted pursuant to the provisions of CYMC ]9.14.110 and ]9.]4.130. (Ord. 2327!p, ]989; Ord. 2076 ~], 1984; Ord. 1854 ~ 2, 1979; Ord. ] 825 ~ 2, 1978). 19.07.035 Supersedence ofzoning designations. Repealed by Ord. 2532910, 1992. (Res. 11903, ] 985)* * Code reviser's note: Ord. 2532 renumbered the provisions of this section to be Chs. ]9.8] to 19.87 CYMC. b f/~ / :J- op1\O~ ORDINANCE NO. _ ~\~G ~l) ~ ORDINANCE OF THE CITY ~~~ VISTA AMENDING CHULA VISTA Mt7WCIPAL CODE CHAPTER 19.80- CONTROLLED RESIDENTIAL DEVELOPMENT WHEREAS, in ]988, a citizen's trutlatlve, referred to as the "Cumming's Initiative" was passed by a majority vote of the electorate and was incorporated as Chula Vista Municipal Code ("CYMC") Chapter ]9.80 - Controlled Residentia] Development by Ordinance 2309 ("CRDO"); and WHEREAS, the Statement of purposes and intent section of the CRDO (CYMC ]9.80.020) states that the initiative was "not designed to halt quality growth, but to ensure that rampant, unplanned development does not overtax facilities and destroy the quality and home town character of Chula Vista;" and WHEREAS, in its findings, the CRDO indicates the voters' position at that time, that City had more than adequate time to produce a general plan to protect the quality of life in Chula Vista but had failed to do so; and WHEREAS, absent such a plan, the CRDO states that it was the intent of the people to establish control over the quality and rate of growth of Chula Vista in the interest of preserving the character of the community; protecting the open space of the city; protecting the quality of life in the City; ensuring the adequacy of city facilities, school facilities, recreation, park facilities and services, fire and police and paramedic protection, and water and sanitary sewer systems; ensuring the balanced development of the city; and ensuring that the future traffic demands do not exceed the capacity of streets; and WHEREAS, to carry this out, the CRDO requires the staged provision of public services and facilities commensurate with growth through funding mechanisms such as a system of fees, collected from developers at the time of new development, and also contains a provision limiting the frequency of residential rezones outside Planned Community (PC) zoned areas to the next highest category over a two-year period in order to create a control on the pace of development to allow the provision of public facilities and services to catch up if necessary; and WHEREAS, the CRDO also states that areas zoned or proposed to be rezoned Planned Community (PC) are deemed in compliance with its zoning limitation provisions in recognition that PC zoned areas are required under the City's codes to include a comprehensive public facility and service planning and funding provisions; and I ~l3-) Ordinance No. Page 2 WHEREAS, further provISIons of the CRDO acknowledge that the voters expected the City to take corrective growth management actions in the future as follows: . Section 19.80.030 indicates that the City shall ensure the revised General Plan has a "public facilities and services element" such that development shall not occur until additional, necessary public facilities and services to support the development are assured. . Section 19.80.040 indicates the City shall assure all funds necessary to meet public facility and services element needs through financing methods including but not limited to bonding, reimbursement agreements, development agreements, assessment districts, community facility districts, etc. . Section 19.80.080 authorizes and directs the City Council to adopt such further ordinances, resolutions, policies and procedures consistent with the ordinance's purpose and intents. . Section 19.80.100; allows for modfication of the ordinance through a public hearing, provided the amendment is clearly in keeping with the ordinance's intent. . Section 19.80110 states that the ordinance is inconsistent with, and intended as an alternative to, any intiative or ordinance that would place a fixed numeric or rate limit on residential construction, or that would establish inflexible standards for public faciltities requirements; and WHEREAS, in the approximately 20 years since adoption of the CRDO, and consistent with these intents and directions, the City has undertaken the following major efforts to establish an integrated system of growth management programs, standards, regulations, facility master plans, funding systems and monitoring activities that create a system of checks and balances that ensure new development keeps in step with the provision of public services and facilities, including: . Adoption of a city policy in 1987 establishing a set of eleven growth management Quality-of-Life Threshold Strandards and establishing a Growth Management Oversight Commission (GMOC) comprised of nine citizens who meet annually to monitor and report on existing and projected development's compliance with each of the eleven Threshold Standards. . Adoption of a comprehensive General Plan update in 1989, including both a Public Facilities and Services Element and a Growth Management Element. . Adoption of a Growth Management Program (GMP) document, and a Growth Management Ordinance (GMO) (CYMC 19.09) in 1991. I. .- 68-d- Ordinance No. Page 3 . Established and/or updated a number of fee and financing programs requiring new development to provide their proportionate contribution to public services and facilities, including the following among others: . City-wide Public Facilties Development Impact Fee (DIF) . Eastern CV Transportation DIF . City-wide Park Acquisition and Development (PAD) Fee . City-wideRecreation DIF . Community Facility Districts (CFDs) . Assessment Districts . Sewer fees . Storm drain fees . Traffic signal fees . Adotion and maintenance of facility master plans and/or strategic plans for police, fire, libraries, parks, sewers, and drainage among others. . Preparation of annual growth forecasts, and the conduct of various monitoring programs to track the amount and effect of growth such as the annual Traffic Monitoring Program (IMP). . Adoption of a second comprehensive General Plan update in 2005, including updated Public Facilties & Services, and Growth Management Elements; and WHEREAS, CYMC 19.09 has further integrated standards and facilities evaluation, and plans for the funding and phasing of public services and facilities commensurate with growth, into the development process and has established the requirement related "Public Facilities Financing Plans ("PFFPs") as part of Sectional Planning Area ("SPA") Plan process; and WHEREAS, in 1984 the State of California enacted Government Code Sections 65450-65457 that allow for the preparation of specific plans to implement a city's General Plan, and which are incorporated into CYMC Chapter 19.07 ~ Specific Plans; and WHEREAS, similar to a SPA plan, specific plans must identify the proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan, and needed to support the land uses, and must include a plan and mechanisms for the provision of said public services and facilities commensurate with growth; and WHEREAS, as a result, and pursuant to Government Code Section 65451, zoning or rezoning land under a planned community (PC) zone is analogous to rezoning as part of a specific plan, in that, both must: (i) be consistent with the City's General Plan; (ii) comply with the City's growth management programs; (iii) contribute proportionally to 68-3 Ordinance No. Page 4 public seIVices and facilities through the City's various impact fee programs; (iv) identify the public facilities and services needs of the proposed development, as well as how those needs will be met; and (v) complete an environmental review process which includes identification of mitigation measures related to significant environmental impacts, which can include but not be limited to the provision of public services and facilities; and WHEREAS, Section 19.80.070 of the CRDO provides that property zoned or rezoned as part of a planned community (PC) is deemed to be in compliance with its zoning provisions; and WHEREAS, given the required content for specific plans as stated, specific plans should be similarly recognized as being compliant with the intents of the CRDO; and WHEREAS, the Planning Commission held a duly noticed public hearing on March 28,2007, and recommended that the City Council adopt an Ordinance approving the proposed zoning text amendments; and WHEREAS, the proceedings and evidence introduced before the Planning Commission at the public hearing on this proposal held March 28, 2007, and the minutes and resolution resulting there from. are hereby incorporated into the record of these proceedings; and WHEREAS, the City Clerk set the time and place for a hearing on said zoning text amendments by the Chula Vista Redevelopment Corporation and the City Council for April 12, 2007, and notice of said hearing, together with its purpose, was given pursuant to California Government Code 65091 and 65092 at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely on April 12,2007, at 6:00 p.m. in the City Council Chambers, 276 Fourth Avenue, before the Chula Vista Redevelopment Corporation and the City Council; and WHEREAS, after hearing staff presentation and receiving public testimony said hearing was thereafter closed; and WHEREAS, the Chula Vista Redevelopment Corporation approved a Resolution recommending that the City Council adopt an Ordinance approving the proposed zoning text amendments; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that there is no possibility that the activity may have a significant effect on the environment because the project consists of amendments to the City of Chula Vista Municipal Code to clarify the requirements of Chapters 19.07 and 19.80; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA, and no environmental review is necessary. 613-1 Ordinance No. Page 5 NOW THEREFORE THE CITY COUNCil- ofthe City ofChula Vista, does ordain as follows: I. That specific plans, prepared pursuant to Government Code Section 65450 et seq. and Chula Vista Municipal Code Chapter 19.07, are similar to the planned community (PC) zone and its implementing SPA plans, and also require a plan for, and mechanisms to ensure that, new development provides adequate public services and facilities 2. That thereby amending the Section 19.80.070 of the CRDO to include areas zoned or proposed to be rezoned as part of comprehensive specific plan, is clearly in keeping with the intents of the CRDO. 3 That the proposed amendments to CROO Section 19.80.070 as presented in Exhibit A attached hereto, in conjunction with the proposed amendments to CYMC Chapter 1907, clearly and effectively are keeping with the intent of the CROO, and will ensure that needed public facilities and services to support the specific plan land uses will be provided in advance of: or concurrent with development, as required in CYMC Chapter 19.07. 4. That Chula Vista Municipal Code Chapter 19.80 be accordingly amended as depicted in underline format in Exhibit A attached hereto. Effective Date This ordinance shall take effect and be in full force on the thirtieth day from and after its second reading. Presented by Approved as to form by James D. Sandoval Director of Planning and Building Ann Moore City Attorney - -r. ( ~' 68-5 Exhibit A to City Council Ordinance Proposed Amendments to Chuta Vista Municipal Code Chapter 19.80 CONTROLLED RESIDENTIAL DEVELOPMENT Sections: 19.80.010 Findings. 19 80 020 Statement of purposes and intent. 19.80.030 No development without adequate public services and facilities. 1980040 Funding of public services and facilities. 19.80.050 Timely renovation or expansion of public services and facilities. 19.80.060 Limitations of residential development exemptions. 19.80.070 Chula Vista zoning code modification. 19.80.080 Adoption of consistent policies. 19.80.090 Ordinances in conflict. 19.80 100 Modification. 19.80. II 0 Statement of voter intent. 19.80.120 Judicial review. 19.80.130 Severability. 19.80.140 Codification. 19.80.150 Effective date. 19.80. 160 Publication. 19.80.010 Findings. A. The city council of Chula Vista has had more than adequate time to produce a general plan that will protect the quality of life and home town character of Chula Vista, now and in the future, and has failed to do so. B. The city is experiencing a period of intense residential development which adversely affects the health, safety and welfare of the citizens of Chula Vista, and; C. This intense development has overloaded the capacity of the city streets and thoroughfares to move traffic safely, efficiently, and has failed to meet traffic demands, and; D. This intense development has impacted neighborhood schools' capacity to absorb children, and; E. This intense development has overburdened existing open space for recreational facilities and parks, and; F. This intense development has hindered the city's ability to provide police, fire and paramedic protection at a satisfactory level. (Ord. 2309 Initiative 1988). 19.80.020 Statement of purposes and intent. A. Chula Vista has experienced and continues to experience uncontrolled rapid residential growth. This unprecedented growth is having a serious impact on the city's traffic flow, schools, street maintenance, water and sewer services, environmental quality and the city's overall quality oflife today and in the foreseeable future. The purpose of this measure is to qualify an effective and fair growth management ordinance by initiative petition of the voters, one that will control growth and protect the quality of life. This measure is not designed to halt quality growth, but to ensure that rampant, unplanned development does not overtax facilities and destroy the quality and home town character ofChula Vista. Exhibit A to City Council Ordinance Proposed Amendments to CVMC 19.80 (April 2007) &6-~ '~2, r\ _ ' Page I of5 B. It is the intent of the people of the city to better plan for and control the rate of residential growth in the city in order that the services provided by the city, school, park, utility and/or service agencies operating in the city can be properly and effectively staged in a manner which will not overextend existing facilities, and in order that deficient services may be brought up to required and necessary standards while minimizing, by means of long-range financial planning, the avoidable problems of shortsighted piecemeal growth. In order to accomplish this, this ordinance will guarantee that any fees collected for drainage, schools, streets, utilities, parks and recreation facilities shall be collected or assured by the developers in advance of development impacts and shall be properly utilized and spent by the city or agency in a timely manner to ensure that the impact of the development will not have a negative impact on the residents of Chula Vista. C. It is the intent of the people of the city to establish control over the quality and rate of growth of the city in the interest of: preserving the character of the community; protecting the open space of the city; protecting the quality of life in the city; ensuring the adequacy of city facilities, school facilities, recreation and park facilities and services; ensuring the balanced development of the city; preventing further the significant deterioration of environmental quality; ensuring that the future traffic demands do not exceed the capacity of streets; ensuring the character of the city's existing neighborhoods are preserved; ensuring the adequacy of fire and police and paramedic protection; and ensuring adequate water and sanitary sewer systems. (Ord. 2309 Initiative 1988). 19.80.030 No development witbout adequate public services and facilities. The city council shall ensure that the revised general plan will have a specific element known as the "public services and facilities element." The purpose of the element is to ensure development shall not occur in the city of Chula Vista that would degrade existing public services and facilities below acceptable standards until all additional necessary public services and facilities required for that development are assured or scheduled for timely completion as determined by the city council in accordance with but not limited to the following criteria: A. If the existing major city streets and thoroughfares do not have the capacity to accommodate the proposed development without substantially altering existing traffic patterns or overloading the existing street system, then construction or widening of a major link or links in the major traffic network shall be staged as necessary to ensure the quality of existing traffic flow is maintained. B. If the existing drainage facilities cannot adequately dispose of the surface runoff of the proposed development, then incremental construction of major and/or minor water course facilities shall be required. C. If the existing water storage and distribution systems cannot service the needs of the proposed development, then incremental construction of major water system improvements shall be required. D. If the existing city parks and recreation facilities are, according to the established standards, inadequate to serve the proposed development, financing and/or construction of parks and recreation facilities shall be required. E. The fire and police departments shall have the capacity to provide fire and police protection in accordance with established response standards and fiscal policies of the city. F. The appropriate school districts shall have the capacity to absorb the children expected to inhabit the proposed development Exhibit A to City Council Ordinance Proposed Amendments to CVMC 19.80 (April 2007) Page 2 of 5 (j;8-7 G. The libraries shall have the capacity to properly service the people expected to inhabit the proposed development. H. The capacity of sanitary sewer plants and eflluent lines to dispose of waste of the proposed development shall be sufficient, or contributions by the proposed development toward additional construction of additional sewer system improvements shall be required. (Ord. 2309 Initiative 1988). 19.80.040 Funding of public services and facilities. A. The city council shall require that any individual, partnership, joint venture or corporation receiving approval of a tentative subdivision map or any other discretionary approvals for any development project shall assure all funds necessary to meet public service and facility element needs and assure developer's participation in the timely construction and financing offacilities. B Assurance of construction and financing is defined as any acceptable financing method including but not limited to bonding, reimbursement agreement, development agreements, assessment districts, community facilities districts that provides assurance to the city that the required funds or improvements shall become available for the timely renovation or expansion of impacted public services and facilities C. The city council shall expend all funds collected under Section 19.80.040A solely for the purpose for which they were advanced. (Ord. 2309 Initiative 1988). 19.80.050 Timely renovation or expansion of pnblic services and facilities. Occupancy of residential development projects shall occur only in increments until related agreed upon renovations or expansions to the public services and facilities are scheduled for timely completion. (Ord. 2309 Initiative 1988) 19.80.060 Limitations of residential development exemptions. The following are the only allowable exemptions under this ordinance: A. Single family dwellings on existing single-family lots. B. Rehabilitation, or remodeling of existing dwellings or replacement of an existing dwelling or a conversion of apartments to condominiums not adding any units. C. Any development project that has vested rights prior to July I, 1988. This measure shall apply to all proposed development or redevelopment of Chula Vista except a development or redevelopment proposal which has obtained a "vested right" as of the effective date of this measure. For purposes of this measure, a "vested right" shall be: I. "A project's right is vested where a property owner has performed substantial work and incurred substantial liabilities in good faith reliance upon a permit issued by the city." 2. The "substantiality" of the expenditures incurred and of construction performed and the question of whether or not such expenditures and construction were in "good faith" are questions of fact to be determined on a case by case basis by the city council following application by the landowner or developer and upon notice to the interested public, and following public hearing. D. Except for A., B, and C ofthis section, any development shall provide all necessary public services and facilities required to serve that development are insured in accordance with the criteria set forth in Section 19.80.040. (Ord. 2309 Initiative 1988). I I ~ \ Exhibit A to City Council Ordinance Proposed Amendments to CYMC 19.80 (April 2007) Page 3 of5 b.8--g 19.80.070 Cbula Vista zoning code modification. A. Rezoning of property designated for residential development under the city's zoning code shall be permitted only to the next highest residential density category in any two year period according to the following schedule: A Agricultural Zone R-E Residential Estates Zone R-I Single Family Residential Zone R-2 One- and Two-Family Residential Zone R-} Apartment Residential Zone Property in the county pre-zoned for annexation as part of a planned community shall be deemed in compliance with this section regardless of the county zoning approved for the property. Property in the city zoned or proposed to be rezoned as part of a planned community shall be deemed in compliance with this section. Property in the citv zoned or proposed to be rezoned as Par! of a comprehensive specific plan shall be deemed in compliance with this section onlv in such instance that the specific plan conforms to the reQuirements ofCVMC 19.07 and is supported bv the requisite findings of the illf1nning commission and city counciL as set forth in CVMC 1907.012. This section shall not apply to rezones from a residential to a residential agricultural category. B. Any annexation oflands within the city's sphere of influence shall conform to the purposes, intent and requirements of this ordinance. C. After property is annexed by the city, the prezoning approved for the subject property cannot be amended or changed in any way for a two year period. This provision shall apply only to prezones approved after the effective date of this ordinance. D. Rezoning commercial or industrial property to a residential zone shall be permitted only to the maximum residential density corresponding to the potential traffic generation that was applicable prior to the rezoning to residential. In addition, property which is rezoned from residential to commercial or industrial may not be rezoned to a residential category of higher density than that which was applicable prior to the rezoning to commercial or industrial. This provision shall apply only to rezones approved after the effective date of this ordinance. E. Property which has been previously zoned which changes unit configuration resulting in the same or a decreased level of density (units) shall not be considered a zone change under this section. (Ord. 2309 Initiative 1988). 19.80.080 Adoption of consistent policies. The city council of the city of Chula Vista is hereby authorized and directed to adopt such further ordinances, rewlutions, policies or procedures consistent with the pUl1>OseS, intents and requirements of the ordinance. (Ord. 2309 Initiative 1988) Exhibit A to City Council Ordinance Proposed Amendments to CYMC 19.80 (April 2007) Page 4 of 5 68-1 19.80.090 Ordinances in contlict. All provisions of the chaner. city ordinances or provisions thereof in conflict with this chapter are hereby repealed. (Ord. 2309 Initiative 1988). 19.80.100 Modification. The city council may, after a public hearing, and by an affirmative vote of no less than five members of the city council, amend any part of this ordinance, if said amendment and only if said amendment is clearly in keeping with the intent of this ordinance. Or, by no less than three affirmative votes of the city council, the city council may place a proposed amendment onto a ballot for the purpose of obtaining a binding vote of the people of the city concerning said amendment. (Ord. 2309 Initiative 1988). 19.80.110 Statement of voter intent. This ordinance is inconsistent with and intended as an alternative to any initiative or ordinance which would place a fixed numerical limitation on the rate of residential construction or establish inflexible standards for the requirements of public facilities to be provided by any development project. If this ordinance and any such initiative ordinance are both passed by a majority voting thereon then the one with the most votes shall prevail. (Ord. 2309 Initiative 1988). 19.80.120 Judicial review. A. Any legal action to challenge a decision or denial of the councilor any other government body performing a function under this ordinance. must be filed in a court of competent jurisdiction within 30 days immediately following the action challenged. B. Any legal action to challenge any provision of this ordinance or to challenge the intent of this ordinance, must be vigorously defended by the city. (Ord. 2309 Initiative 1988). 19.80.130 Severability. If any provision of this ordinance, or the application thereof, to any person or circumstance is held invalid by a court of competent jurisdiction, the validity of the remainder of this ordinance and the application of such provisions to other persons or circumstances shall not be affected thereby. (Ord. 2309 Initiative 1988). 19.80.140 Codification. This ordinance shall be codified. (Ord. 2309 Initiative 1989). 19.80.150 Effective date. This ordinance shall be considered as adopted upon the date that the vote is certified by the city clerk, and shall go into effect immediately thereafter. (Ord 2309 Initiative 1988). 19.80.160 Publication. The city clerk of the city of Chula Vista is hereby directed to publish this ordinance within fifteen days after its passage in the Chula Vista Star News, a newspaper of general circulation in the city ofChula Vista (Ord. 2309 Initiative 1988). H:\PLANNING\General]lan\GPU_ImpJementation'CVMC 19_07 & 19.&0 Amendments\CVMC 19.80 textameod final CC.doc Exhibit A to City Council Ordinance Proposed Amendments to CYMC 19.80 (April 2007) Page 5 of5 i?t3-lrJ Exhibit A to City Council Ordinance Proposed Amendments to Chula Vista Municipal Code Chapter 19.80 CONTROLLED RESIDENTIAL DEVELOPMENT Sections: 19.80.010 Findings. 19.80.020 Statement of purposes and intent. 19.80.030 No development without adequate public services and facilities. 19.80.040 Funding of public services and facilities. 19.80.050 Timely renovation or expansion of public services and facilities. 19.80.060 Limitations of residential development exemptions. 19.80.070 Chula Vista zoning code modification. 19.80.080 Adoption of consistent policies. 19.80.090 Ordinances in conflict. 19.80.100 Modification. 19.80.110 Statement of voter intent. 19.80.120 Judicial review. 19.80.130 Severability. 19.80.140 Codification. 19.80.150 Effective date. 19.80.160 Publication. 19.80.010 Findings. A. The city council of Chula Vista has had more than adequate time to produce a general plan that will protect the quality of life and home town character of Chula Vista, now and in the future, and has failed to do so. B. The city is experiencing a period of intense residential development which adversely affects the health, safety and welfare of the citizens ofChula Vista, and; C. This intense development has overloaded the capacity of the city streets and thoroughfares to move traffic safely, efficiently, and has failed to meet traffic demands, and; D. This intense development has impacted neighborhood schools' capacity to absorb children, and; E. This intense development has overburdened existing open space for recreational facilities and parks, and; F. This intense development has hindered the city's ability to provide police, fire and paramedic protection at a satisfactory level. (Ord. 2309 Initiative 1988). 19.80.020 Statement of purposes and intent. A. Chula Vista has experienced and continues to experience uncontrolled rapid residential growth. This unprecedented growth is having a serious impact on the city's traffic flow, schools, 68-// street maintenance, water and sewer services, environmental quality and the city's overall quality of life today and in the foreseeable future. The purpose of this measure is to quality an effective and fair growth management ordinance by initiative petition of the voters, one that will control growth and protect the quality of life. This measure is not designed to halt quality growth, but to ensure that rampant, unplanned development does not overtax facilities and destroy the quality and home town character of Chula Vista. B. It is the intent of the people of the city to better plan for and control the rate of residential growth in the city in order that the services provided by the city, school, park, utility and/or service agencies operating in the city can be properly and effectively staged in a manner which will not overextend existing facilities, and in order that deficient services may be brought up to required and necessary standards while minimizing, by means of long-range financial planning, the avoidable problems of shortsighted piecemeal growth. In order to accomplish this, this ordinance will guarantee that any fees collected for drainage, schools, streets, utilities, parks and recreation facilities shall be collected or assured by the developers in advance of development impacts and shall be properly utilized and spent by the city or agency in a timely manner to ensure that the impact of the development will not have a negative impact on the residents of Chula Vista. C. It is the intent of the people of the city to establish control over the quality and rate of growth of the city in the interest of: preserving the character of the community; protecting the open space of the city; protecting the quality of life in the city; ensuring the adequacy of city facilities, school facilities, recreation and park facilities and services; ensuring the balanced development of the city; preventing further the significant deterioration of environmental quality; ensuring that the future traffic demands do not exceed the capacity of streets; ensuring the character of the city's existing neighborhoods are preserved; ensuring the adequacy of fire and police and paramedic protection; and ensuring adequate water and sanitary sewer systems. (Ord. 2309 Initiative 1988). 19.80.030 No development without adequate public services and facilities. The city council shall ensure that the revised general plan will have a specific element known as the "public services and facilities element." The purpose of the element is to ensure development shall not occur in the city of Chula Vista that would degrade existing public services and facilities below acceptable standards until all additional necessary public services and facilities required for that development are assured or scheduled for timely completion as determined by the city council in accordance with but not limited to the following criteria: A. If the existing major city streets and thoroughfares do not have the capacity to accommodate the proposed development without substantially altering existing traffic patterns or overloading the existing street system, then construction or widening of a major link or links in the major traffic network shall be staged as necessary to ensure the quality of existing traffic flow is maintained. B. If the existing drainage facilities cannot adequately dispose of the surface runoff of the proposed development, then incremental construction of major and/or minor water course facilities shall be required. C. I f the existing water storage and distribution systems cannot service the needs of the proposed development, then incremental construction of major water system improvements shall be required. 6t3-/d- D. If the existing city parks and recreation facilities are, according to the established standards, inadequate to serve the proposed development, financing and/or construction of parks and recreation facilities shall be required. E. The fire and police departments shall have the capacity to provide fire and police protection in accordance with established response standards and fiscal policies of the city. F. The appropriate school districts shall have the capacity to absorb the children expected to inhabit the proposed development. G. The libraries shall have the capacity to properly service the people expected to inhabit the proposed development. H. The capacity of sanitary sewer plants and effluent lines to dispose of waste of the proposed development shall be sufficient, or contributions by the proposed development toward additional construction of additional sewer system improvements shall be required. (Ord. 2309 Initiative 1988). 19.80.040 Funding of public services and facilities. A. The city council shall require that any individual, partnership, joint venture or corporation receiving approval of a tentative subdivision map or any other discretionary approvals for any development project shall assure all funds necessary to meet public service and facility element needs and assure developer's participation in the timely construction and financing of facilities. B. Assurance of construction and financing is defined as any acceptable financing method including but not limited to bonding, reimbursement agreement, development agreements, assessment districts, community facilities districts that provides assurance to the city that the required funds or improvements shall become available for the timely renovation or expansion of impacted public services and facilities. C. The city council shall expend all funds collected under Section 19.80.040A solely for the purpose for which they were advanced. (Ord. 2309 Initiative 1988). 19.80.050 Timely renovation or expansion of public services and facilities. Occupancy of residential development projects shall occur only in increments until related agreed upon renovations or expansions to the public services and facilities are scheduled for timely completion. (Ord. 2309 Initiative 1988). 19.80.060 Limitations of residential development exemptions. The following are the only allowable exemptions under this ordinance: A. Single family dwellings on existing single-family lots. B. Rehabilitation, or remodeling of existing dwellings or replacement of an existing dwelling or a conversion of apartments to condominiums not adding any units. C. Any development project that has vested rights prior to July I, 1988. This measure shall apply to all proposed development or redevelopment of Chula Vista except a development or redevelopment proposal which has obtained a "vested right" as of the effective date of this measure. For purposes of this measure, a "vested right" shall be: 1. "A project's right is vested where a property owner has performed substantial work and incurred substantial liabilities in good faith reliance upon a permit issued by the city." 66" /3 2. The "substantiality" of the expenditures incurred and of construction performed and the question of whether or not such expenditures and construction were in "good faith" are questions of fact to be determined on a case by case basis by the city council following application by the landowner or developer and upon notice to the interested public, and following public hearing. D. Except for A, B, and C of this section, any development shall provide all necessary public services and facilities required to serve that development are insured in accordance with the criteria set forth in Section 19.80.040. (Ord. 2309 Initiative 1988). 19.80.070 ChuIa Vista zoning code modification. A. Rezoning of property designated for residential development under the city's zoning code shall be permitted only to the next highest residential density category in any two year period according to the following schedule: A Agricultural Zone R-E Residential Estates Zone R-I Single Family Residential Zone R-2 One- and Two-Family Residential Zone R-3 Apartment Residential Zone Property in the county pre-zoned for annexation as part of a planned community shall be deemed in compliance with this section regardless of the county zoning approved for the property. Property in the city zoned or proposed to be rezoned as part of a planned community shall be deemed in compliance with this section. Propertv in the city zoned or proposed to be rezoned as part of a comprehensive specific plan shall be deemed in compliance with this section only in such instance that the specific plan conforms to the requirements of CYMe 19.07. and is supported by the requisite findings of the planning commission and city council. as set forth in CYMC 19.07.012. This section shall not apply to rezones from a residential to a residential agricultural category. B. Any annexation oflands within the city's sphere of influence shall conform to the purposes, intent and requirements of this ordinance. C. After property is annexed by the city, the prezoning approved for the subject property cannot be amended or changed in any way for a two year period. This provision shall apply only to prezones approved after the effective date of this ordinance. D. Rezoning commercial or industrial property to a residential zone shall be permitted only to the maximum residential density corresponding to the potential traffic generation that was applicable prior to the rezoning to residential. In addition, property which is rezoned from residential to commercial or industrial may not be rezoned to a residential category of higher density than that which was applicable prior to the rezoning to commercial or industrial. This provision shall apply only to rezones approved after the effective date of this ordinance. ~6- /~ E. Property which has been previously zoned which changes unit configuration resulting in the same or a decreased level of density (units) shall not be considered a zone change under this section. (Ord. 2309 Initiative J 988). 19.80.080 Adoption of consistent policies. The city council of the city of Chula Vista is hereby authorized and directed to adopt such further ordinances, resolutions, policies or procedures consistent with the purposes, intents and requirements of the ordinance. (Ord. 2309 Initiative 1988). 19.80.090 Ordinances in conflict. All provisions of the charter, city ordinances or provisions thereof in conflict with this chapter are hereby repealed. (Ord. 2309 Initiative 1988). 19.80.100 Modification. The city council may, after a public hearing, and by an affirmative vote of no less than five members of the city council, amend any part of this ordinance, if said amendment and only if said amendment is clearly in keeping with the intent of this ordinance. Or, by no less than three affirmative votes of the city council, the city council may place a proposed amendment onto a ballot for the purpose of obtaining a binding vote of the people of the city concerning said amendment. (Ord. 2309 Initiative 1988). 19.80.110 Statement of voter intent. This ordinance is inconsistent with and intended as an alternative to any initiative or ordinance which would place a fixed numerical limitation on the rate ofresidential construction or establish inflexible standards for the requirements of public facilities to be provided by any development project. If this ordinance and any such initiative ordinance are both passed by a majority voting thereon then the one with the most votes shall prevail. (Ord. 2309 Initiative J 988). 19.80.120 Judicial review. A. Any legal action to challenge a decision or denial of the councilor any other government body performing a function under this ordinance, must be filed in a court of competent jurisdiction within 30 days immediately following the action challenged. B. Any legal action to challenge any provision of this ordinance or to challenge the intent of this ordinance, must be vigorously defended by the city. (Ord. 2309 Initiative 1988). 19.80.130 Severability. If any provision of this ordinance, or the application thereof, to any person or circumstance is held invalid by a court of competent jurisdiction, the validity of the remainder of this ordinance and the application of such provisions to other persons or circumstances shall not be affected thereby. (Ord. 2309 Initiative 1988). ~t3-J5 19.80.140 Codification. This ordinance shall be codified. (Ord. 2309 Initiative 1989). 19.80.150 Effective date. This ordinance shall be considered as adopted upon the date that the vote is certified by the city clerk, and shall go into effect immediately thereafter. (Ord. 2309 Initiative 1988). 19.80.160 Publication. The city clerk of the city of Chula Vista is hereby directed to publish this ordinance within fifteen days after its passage in the Chula Vista Star News, a newspaper of general circulation in the city of Chula Vista. (Ord. 2309 Initiative 1988). 613 ~ / b Mayor and City Council City Of Chula Vista 276 Fourth Avenue Chula Vista, Ca 91910 CllY OF 619.691.5044 - 619.476.5379 Fax CHUlA VISTA MEMO April 18, 2007 TO: Lorraine Bennett,. Deputy City Clerk FROM: Jennifer Quijano, Constituent Services Manager RE: International Friendship Commission Mayor Cox would like to recommend Rebecca Leister for appointment to the International Friendship Commission. Rebecca Leister will replace Jason Harmon who recently resigned. Please place on the April 24, 2007 Council agenda for ratification. Thank you. cc: Mayor Cox -f ;3'/07- /7/~, ,<e,'*..... ~ /Je>/ c:ar~.f-/y SE'rve -.., aN'l7 ~ n~f'9- A/C/C,t'f. 01/<;;/ ~ Lf/ty/z 00 ) 8-1