HomeMy WebLinkAbout2007/11/06 Agenda Packet
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CllY OF
CHULA VISfA
AJeIt
Cheryl Cox, Mayor
Rudy Ramirez, Councilmember David R. Garcia, City Manager
John McCann, Councilmember Ann Moore, City Attorney
Jerry R. Rindone, Councilmember Susan Bigelow, City Clerk
Steve Castaneda, Council member
November 6, 2007
4:00 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
. INTRODUCTION BY NATURE CENTER DIRECTOR BEINTEMA, OF EMPLOYEE
OF THE MONTH, TINA MATTHIAS, SENIOR OFFICE SPECIALIST
. INTRODUCTION BY POLICE CHIEF EMERSON OF POLICE RECRUITS
MANUEL SALAZAR, JESSICA SEVERANCE, ANDREA LONGORIA, AGUSTIN
RODRIGUEZ, AND RESERVE OFFICER PAUL GElS
. OATHS OF OFFICE
Neil S. Wright, Commission on Aging
Krisopher Austin, Child Care Commission
. PRESENTATION BY MAYOR COX OF A PROCLAMATION PROCLAIMING
WEDNESDAY, NOVEMBER 7, 2007 AS LAW ENFORCEMENT RECORDS AND
SUPPORT PERSONNEL DAY
. PRESENTATION BY MAYOR COX OF A PROCLAMATION COMMENDING
NAVY LIEUTENANT BOBBY R. PRICE AS THE 2007 VETERAN OF THE YEAR
. PRESENTATION BY SENIOR COMMUNITY DEVELOPMENT SPECIALIST DO
OF DOWNTOWN PARKING DISTRICT MANAGEMENT STUDY
CONSENT CALENDAR
(Items I through 12)
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.
I. APPROVAL OF MINUTES of the Adjourned Regular Meeting of September 4, 2007,
the Regular Meetings of September II, 18 and 25, 2007, the Adjourned regular Meeting
of October 2,2007, and the Regular Meeting of October 2,2007.
Staff recommendation: Council approve the minutes.
2. ORDINANCE OF THE CITY OF CHULA VISTA AUTHORIZING AN
AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AND THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (SECOND
READING)
Adoption of the ordinance amends both Miscellaneous and Safety contracts between the
Board of Administration of the California Public Employees' Retirement Board
(CaIPERS) and the City ofChula Vista to provide Section 20903 - Two Years Additional
Service Credit, as well as approve a medical incentive program for eligible employees.
The ordinance was first introduced on October 16, 2007. (Human Resources Director)
Staff recommendation: Council adopt the ordinance.
3. URGENCY ORDINANCE OF THE CITY OF CHULA VISTA AUTHORIZING AN
AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AND THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (4/5THS VOTE
REQUIRED)
Adoption of the ordinance amends both Miscellaneous and Safety contracts between the
Board of Administration of the California Public employees' Retirement Board
(CaIPERS) and the City ofChula Vista to provide Section 20903 - Two Years Additional
Service Credit, as well as approve a medical incentive program for eligible employees
and would go into effect immediately upon adoption. (Human Resources Director)
Staff recommendation: Council adopt the urgency ordinance.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE "SIDEWALK
REPLACEMENT AT VARIOUS LOCATIONS WITHIN THE CITY OF CHULA
VISTA, CALIFORNIA FISCAL YEAR 2008-JY065N (CIP #GTSW08)" PROJECT TO
MJC CONSTRUCTION IN THE AMOUNT OF $63,379, WAIVING COUNCIL
POLICY 574-01, AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE
FUNDS IN THE PROJECT
Page 2 - Council Agenda
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November 6, 2007
On October 10, 2007, the General Services Director received sealed bids for the project,
which was included in the budget to remove and replace curbs, gutters, sidewalks, and
driveways displaced by differential settling, tree roots, etcetera, on various City streets.
(Engineering and General Services Director)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 01-11, OTAY
RANCH VILLAGE II, PORTIONS OF NEIGHBORHOODS MU-I AND R-19
On November 14, 2006, the City Council approved Final Map No. 15479 consisting of
Otay Ranch Village II Neighborhoods MU-I and R-19. That Map resulted in one
commercial lot (Lot 3), one mixed-use lot (Lot 2), one residential condominium lot (Lot
I) and three lettered open space lots along Eastlake Parkway. Adoption of the resolution
approves the Final Map for portions of neighborhoods MU -I and R -19, of Otay Ranch
Village II, which will result in two condominium lots, although one lot will be used for
affordable housing and rented for the foreseeable future. (Engineering and General
Services Director)
Staff recommendation: Council adopt the resolution.
6. FISCAL YEAR 2006/2007 ANNUAL FINANCIAL STATUS REPORT
This report is provided in order to meet the City Charter requirement of publishing the
City's Combined Statement of Revenues, Expenditures and changes in Fund Equity in
the local newspaper within 120 days of the close of the fiscal year. The statement was
published in the October 26th issue of The Star-News, which is the City's adjudicated
newspaper of general circulation. (Finance Director)
Staff recommendation: Council accept the report.
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING FISCAL YEAR 2006/2007 BUDGET IN ACCORDANCE WITH THE
BUDGET TRANSFER
For government entities, a budget creates a legal framework for spending during the
fiscal year. After the budget is approved, there are circumstances which arise that could
require adjustments to the approved budget. At the close of each fiscal year, the Finance
Department reviews all departmental and fund budgets to ensure that the fund budget and
the departmental summary budget categories (Personnel Services, Supplies and Services,
Other Expenses and Capital) have not been exceeded. (Finance Director)
Staff recommendation: Council adopt the resolution.
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November 6, 2007
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
OF CHULA VISTA AND CALVARY CHRISTIAN ACADEMY FOR THE
ACADEMY'S USE OF COTTONWOOD PARK FOR SCHOOL ACTIVITIES
DURING THE TIME AND DAYS SCHOOL IS IN SESSION
Calvary Christian Academy has requested use of Cottonwood Park to hold some of its
physical education classes and sports practices during the current school year. In turn,
the City has requested use of the Academy's parking lot as overflow parking from the
Park during non-school hours. Both the Academy and the City have informally used
each other's facilities for the last two years and adoption of the resolution, which
approves a Memorandum of Understanding, will formalize this "unwritten agreement."
(Public Works Director, Recreation Director)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
EXTENDING THE TEMPORARY STREET CLOSURE OF CENTER STREET AND
A PORTION OF CHURCH AVENUE FOR THE DOWNTOWN FARMERS
MARKET FROM 2:00 P.M. TO 8:30 P.M. ON THURSDAY AFTERNOONS FOR A
TWO- YEAR PERIOD SUBJECT TO CONDITIONS OF APPROVAL AND
WAIVING THE BUSINESS LICENSE FEE REQUIREMENT FOR VENDORS
PARTICIPATING IN THE DOWNTOWN FARMERS MARKET
Adoption of the resolution would provide a two-year extension, allowing the Downtown
Farmers Market to continue in its current location until December 31, 2009, and waive
the business license fee requirements for vendors participating in the Downtown
Farmers Market. (Redevelopment Executive Director)
Staff recommendation: Council adopt the resolution.
10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FILING OF A GRANT APPLICATION TO THE SAFE ROUTES
TO SCHOOL PROGRAM FOR STATE FUNDS TO IMPROVE PEDESTRIAN
FACILITIES AT CASTLE PARK ELEMENTARY SCHOOL, AND CERTIFYING
THE COMMITMENT OF MATCHING FUNDS THEREFOR
The pedestrian facilities serving Castle Park Elementary School students are in need of
significant improvements. To improve the main school routes along Hilltop Drive and
Oxford Street, and minor streets within a quarter mile radius, an array of traffic calming
and pedestrian facilities have been recommended to complement street and sidewalk
work being done with Housing and Urban Development loan funds and at least one
already approved assessment district. The City proposes to apply for State of California
Grant funding from the Safe Routes to School Program to help fund the project.
(Engineering and General Services Director)
Staff recommendation: Council adopt the resolution.
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November 6, 2007
11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
TERMINATING THE CALIFORNIA PUBLIC ENTITY INSURANCE AUTHORITY
JOINT POWERS AGREEMENT
In 2006, the City Council approved the Joint Powers Agreement creating the California
State Association of Counties Excess Insurance Authority, a statewide insurance pool
and purchasing group. The requested resolution will dissolve the California Public
Entities Insurance Authority that was made obsolete by the Excess Insurance
Authority's creation. (Human Resources Director)
Staff recommendation: Council adopt the resolution.
12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A REQUEST FROM THE CHULA VISTA HIGH SCHOOL BAND
AND PAGEANTRY CORP AND THE CHULA VISTA SCHOOL FOR THE
CREATIVE AND PERFORMING ARTS TO CONDUCT THE 12TH ANNUAL BAND
REVIEW AND AUTHORIZING TEMPORARY STREET CLOSURES AND
WAIVING FEES FOR POLICE SERVICES
The Chula Vista High School Band and Pageantry Corps, in conjunction with the Chula
Vista School for the Creative and Performing Arts, is requesting permission to conduct
an organized band review on Saturday, November 10,2007. (Police Chief)
Staff recommendation: Council adopt the resolution.
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC COMMENTS
Persons speaking during Public Comments may address the Council on any subject
matter within the Council's jurisdiction that is not listed as an item on the agenda. State
law generally prohibits the Council from taking action on any issue not included on the
agenda, but, if appropriate, the Council may schedule the topic for future discussion or
refer the matter to staff. Comments are limited to three minutes.
CONTINUATION OF BUDGET WORKSHOP
12.1 Review of Proposed Budget Reduction Plan
a. Consideration of Budget Proposals 138 through 195
Staff recommendation: Council discuss the proposals and provide direction to staff.
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November 6, 2007
ACTION ITEMS
The Item listed in this section of the agenda will be considered individually by the
Council, and is expected to elicit discussion and deliberation. If you wish to speak on
any item, please fill out a "Request to Speak" form favailable in the lobby) and submit it
to the City Clerk prior to the meeting.
13. CONSIDERATION OF AN ORDINANCE AMENDING CHULA VISTA MUNICIPAL
CODE CHAPTER 2.52 REGARDING CAMPAIGN CONTRIBUTIONS
On August 14, 2007, the City Council directed the City Attorney to return to Council
with a report outlining the ambiguities with the existing Campaign Contribution
Ordinance and recommend changes to clarify the existing ordinance. The City
Attorney's Office presented their report on September 25, 2007. At that meeting, the
City Council voted to approve several policy changes to the existing ordinance, and
directed the City Attorney's Office to incorporate those changes into the existing
ordinance and return with a revised ordinance for first reading. They also requested the
City Attorney respond to several questions, and prepare a draft ordinance for first reading
and present it to a reconstituted Campaign Contribution Ad Hoc Committee. The Ad
Hoc Committee met in two noticed public meetings and has provided a report that is
incorporated in this staff report for Council review. (City Attorney)
Staff recommendation: Council place the following ordinance on first reading:
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER
2.52 OF THE CHULA VISTA MUNICIPAL CODE REGARDING CAMPAIGN
CONTRIBUTIONS (FIRST READING)
OTHER BUSINESS
14. CITY MANAGER'S REPORTS
15. MAYOR'S REPORTS
A. Ratification of the appointment of Tom Money - Local Business Owner - for his
knowledge of and Perspective with local history to the member position of
Historian, on the Historic Preservation Advisory Committee.
B. Ratification of the appointment of Paul Johnson - Architect - for his historic
architectural experience to the member position of Architect, on the Historic
Preservation Advisory Committee.
16. COUNCIL COMMENTS
A. COUNCILMEMBER MCCANN
Scripps Hospital Expansion
Page 6 - Council Agenda
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November 6,2007
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by noon on
Wednesday following the Council Meeting at the City Attorney's office in accordance
with the Ralph M Brown Act (Government Code 54957.7).
17. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT
CODE SECTION 54957.6
. Agency designated representatives: Management Team
. Employee organizations: CVEA, IAFF, POA, WCE, and Umepresented Groups
18. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
. Three cases
19. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c)
. One case
20. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
Christian Morales v. City ofChula Vista. et al. United States District Court, Case No.
07CVOl86JM (WMc);
Concerned Citizens of Chula Vista v. Kimco Realtv. et al. San Diego Superior Court
Case No. GIC 862773;
Jack Gechter v. City ofChula Vista, San Diego Superior Court Case No. GIS22609
ADJOURNMENT to the Regular Meeting of November 13,2007 at 6:00 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 7 - Council Agenda
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November 6, 2007
DRAFT
MINUTES OF ADJOURNED REGULAR MEETINGS OF THE CITY COUNCIL
AND THE CHULA VISTA REDEVELOPMENT CORPORATION
September 4, 2007
6:00 P.M.
Adjourned Regular Meetings of the City Council and the Chula Vista Redevelopment
Corporation were called to order at 6:16 p.m. in the Police Department Community Room, 315
Fourth Avenue, Chula Vista, California.
ROLL CALL:
Councilmembers: Castaneda, McCann, Ramirez, Rindone (arrived at 6:10
p.m.), and Mayor Cox
Chula Vista Redevelopment Corporation Directors: Munoz, Paul, Reyes,
Rooney, Salas, and Chair Lewis
ABSENT: Chula Vista Redevelopment Corporation Director Desrochers
ALSO PRESENT: City Manager/Executive Director Garcia, City Attorney/General Counsel
Moore, City Clerk Bigelow, Senior Deputy City Clerk Peoples, Acting
Community Development Director Hix, Redevelopment Manager
Crockett, Principal Community Development Specialist Lee, and
Planning and Building Director Sandoval
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
PUBLIC COMMENTS
Steve Molski, Chula Vista resident representing the Coalition of Mobilehome Owners, asked the
Mayor and Council to review and bring back a report for mobilehome park tenants on Assembly
Bill 1542 (Evans) and "Senate Bill 981 (Padilla).
CONSENT CALENDAR
(Item 1)
1. APPROVAL OF MINUTES of the City Council and Chula Vista Redevelopment
Corporation for March 22, 2007, April 12, 2007, Apri126, 2007, May 24,2007 and June
14,2007.
Staff recommendation: The City Council and CYRC approve the minutes.
ACTION:
Deputy Mayor Rindone moved to approve the minutes. Councilmember
Castaneda seconded the motion, and it carried 8-0-3 on the minutes of March 22,
April 12, May 24 and June 14, with Directors Munoz, Reyes and Salas abstaining
because they were not on the CVRC at the time of the meetings; and 7-0-4 on the
minutes of April 26, with Councilmember Castaneda abstaining because he was
not present at the meeting and Directors Munoz, Reyes and Salas abstaining
because they were not on the CYRC at the time of the meetings.
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DRAFT
WORKSHOP
2. Discussion on the Reorganization of Community DevelopmentJRedevelopment and the
Roles and Responsibilities of the Chula Vista Redevelopment Corporation.
City Manager/Executive Director Garcia discussed the proposed reorganization of the
Community Development Department into the Redevelopment Agency and Housing Authority,
which would also provide staffing for the CYRC and Redevelopment Advisory Committee
(RAe). The Community Development Department would be replaced by Redevelopment, which
would have the primary responsibility for implementing the redevelopment plan in ChuIa Vista.
Planning functions would be placed back under the Planning Department, economic
development would be centralized in the City Manager's office, and the Executive Director
position would be eliminated. The City Manager would continue to hold the responsibilities of
both the City Manager and Executive Director of the Redevelopment Agency. Additionally,
there would be a Deputy Director position in charge of administration. The proposal also
included the removal of staff from under the City umbrella to become at-will employees of the
Redevelopment Agency. The redevelopment and housing project staff assignments were then
presented, along with the roles and responsibilities of the CYRC. Also proposed were adding
tentative maps to the planning side; and the ability to enter into contracts with consultants,
contractors and vendors, solicit participation by developers through requests for quotes and
requests for proposals, and acquire property, not through eminent domain on the redevelopment
side.
Next, City Manager Garcia outlined the current process to approve a tentative map and the
proposed delegation of tentative map approvals to the CYRC in order to streamline the process.
The current process is a very intensive public participation process in that a project has to go
before the Redevelopment Advisory Committee, through the public hearing process, then the
CYRC reviews it and goes through the decision-making process, and then another hearing and
review is held at the Council level. The overall process for the developer is 90-120 days, and the
proposed change is being recommended to reduce this time by one-third.
City Manager/Executive Director Garcia then reviewed the proposed additions to the CYRC
roles and responsibilities.
CounciImember Ramirez asked that color copies be provided in the future when staff reports
state that there are distinguishing colors.
City Manager/Executive Director Garcia clarified that the items presented were only
recommendations. If the Council decided to move forward with the recommendations, staff
would incorporate them into the bylaws and bring them back for adoption.
CounciImember Castaneda expressed concern about the bylaws, which were established when it
was envisioned that the Council would be part of the process; they provided more latitude
because five publicly-elected officials were on the board.
City Manager/Executive Director Garcia restated that the Redevelopment Agency was a failed
process that was not working and needed to be fixed. The proposed structure would ensure that
projects moved forward to a successful completion.
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September 4, 2007
DRAFT
WORKSHOP (Continued)
Councilmember Ramirez commented that the failure of the Redevelopment Agency was due to
the lack of public trust. City Manager Garcia confirmed the lack of trust due to the failures over
many years. He explained that the Agency depended on private sector funding, so the dynamic
needed to be changed to convince the community, as well as the developers and banks, that
redevelopment in Chula Vista was a good thing. The proposed reorganization and
recommendations would assist in accomplishing this.
In concluding his presentation, City Manager Garcia stated that staff also wanted to include an
appeal process to address concerns with decisions made by the CYRC. Such a process would
mirror the Planning Commission appeal process, and decisions would be appealable to the City
CounciL
Susan Luzzaro, Chula Vista resident, requested a reevaluation of the selection process for
Redevelopment Advisory Committee members, stating it was not appropriate to have real estate
lobbyists serving on the committee. She also encouraged the Council not to give up its decision-
making powers.
Steve Molski, Chula Vista resident, stated that he d~d not see any blighted areas in Chula Vista;
that he was opposed to the Council granting authority to anyone, especially outsiders; and that
the working class people needed more consideration.
Councilmember Ramirez stated that it was important for the public to understand that the elected
officials were accountable to the public, and that the City Manager was accountable to the
Council and did not do anything unless instructed to do so by them. He further stated that the
public needed to hold the Council accountable.
Norberto Salazar, Chula Vista resident representing the Southwest Chula Vista Civic
Association, stated that giving the CYRC additional authority was a bad idea. Political
appointees who were not accountable to the public should not be allowed to make decisions.
Jackie Lancaster, Chula Vista resident, stated that most of the tax increment went back to the
Redevelopment Agency for more redevelopment and not the citizen's benefit. Further, citizens
did not want the City to become a grid-locked metropolis; and the Council should represent the
citizens and not have the CYRC making decisions or it will become a Centre City Development
Corporation as in San Diego, with the City being turned over to developers.
Theresa Acerro, Chula Vista resident and President of the Southwest Chula Vista Civic
Association, stated that her membership voted to dissolve the CYRC and had concerns with any
decision-making process being turned over to a body not comprised of Chula Vista residents.
She further stated that the Council was distancing itself, thereby creating a greater lack oftrust.
Patricia Aguilar, Chula Vista resident representing Crossroads II, stated that her organization
supported the proposed staff reorganization, but did not support the proposed increase in
responsibility to the CYRC, especially with regard to planning functions.
I
Peter Watry, Chula Vista resident, stated that the Council could not delegate final authority to
people who lived outside the City, as it was illegal, and if not, it was wrong and unacceptable to
have someone who lives elsewhere make final decisions over elected officials.
Page 3 - Council Minutes
September 4, 2007
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DRAFT
WORKSHOP (continued)
Frank Zimmery, Chula Vista resident, stated that the Council assured residents that its members
would sit on the CVRC to protect the interests of Chula Vista citizens, and that the Council
would be the authoritative body of the Redevelopment Agency, but the proposal placed the
authority in the hands of the CYRe. He proposed that, rather than looking at ways to expand the
CVRC, the Council should look at ways to eliminate it, as it was not responsible to the citizens
and the proposal was regressive. Further, he stated that elected officials held the responsibility
and should not delegate it to others.
Pamela Bensoussan, Chula Vista resident representing the Northwest Civic Association, stated
that her organization supported the recommendations to eliminate the Community Development
Department and reorganize staff. Further, there was a big need in the west for park acquisition
and development fees and transportation development impact fees like in the east, which, when
put into place, would have a positive effect. Lastly, she stated that trust could not be grown in
the community without keeping the pledge of accountability and by transferring the tentative
map decision making to the CYRC.
Earl Jentz, Chula Vista resident, provided his perspective on redevelopment, stating that more
and not less accountability was needed. Tax increment funds needed to go to the community,
and the shifting of responsibility as proposed created distrust. Mr. Jentz then provided a handout
from his attorney that stated that Chula Vista Charter Section 602( d) requires all members of
City boards and commissions with decision-making authority to be City residents. City
Attorney/General Counsel Moore responded to the comments and handout, stating that the
Charter provision quoted pertained to City boards and commissions, not non-profit corporations
such as the CVRC. Further, under the Map Act, the Council was allowed to delegate
responsibility if the decision was made to do so. It would be delegated by ordinance to the non-
profit, which was different than what was in the Charter. Further, when the CYRC was formed,
research was found in court cases that allowed governmental agencies to delegate to non-profit
corporations, and there were case law and Attorney General decisions that stated there was no
requirement for members to be residents of the City. Additionally, decisions made by the CYRC
were appealable to the Council, so they were not considered to be final decisions. Peter Watry,
Chula Vista resident, stated that the City Attorney was wrong. The City of San Diego delegated
a lot of authority to the CCDC, and to be on the CCDC, members were required to be residents
of the City of San Diego.
Kevin O'Neill, Chula Vista resident, stated that the Redevelopment Agency attempts had been
dysfunctional, and something had to be done to move forward. Redevelopment and development
would be the salvation of the City, and industry and commerce were needed in order to provide
jobs and sales tax to the City to allow for the things that everyone wanted. He encouraged the
Council to try something new.
Jose Preciado, Chula Vista resident and president of the South Bay Forum, stated that he cared
deeply about the recommendations and concerns of those who had spoken prior to him, but that
everyone needed to work together to move forward and meet the challenges facing the City. Mr.
Preciado stated that while he did not see the appointees as negative individuals in the process, he
was concerned about delegating authority, as the speakers before him had expressed concerns
about trust.
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September 4, 2007
DRAFT
WORKSHOP (Continued)
Jack Stanley agreed that the Redevelopment Agency had not worked, stating that Chula Vista
was, without question, the worst place to get a permit. He stated that a policy needed to be
established for a property owner whose plans met code to -be able to have a permit within two
weeks.
Josie Calderon, Chula Vista resident representing the Mexican American Business Association,
stated that citizens needed to trust the judgment of the Mayor and Council in appointing
members to the CVRC who will do the right thing, and she cited CYRC Director Paul as one of
the strongest advocates for the South Bay. Ms. Calderon acknowledged that change was hard,
but that the Council was elected to make decisions for those who elected them to do so.
Although many citizens were present at the meeting, there were many more who do not speak
out or attend meetings, but who requested change and elected the City Council to bring that
change as they see fit. People needed to trust those who are appointed by their elected officials.
Susan Lazarro, Chula Vista resident, stated that the logic of "streamlining" was not solid, was
basically disenfranchising residents, and that there needed to be more real public participation.
She then stated that two members of the RAC were paid lobbyists and had already made
decisions on projects prior to hearing public input.
At 8:07 p.m., Mayor Cox recessed the meeting. At 8:22 p.m., she reconvened the meeting with
all members except Director Desrochers present. She asked staff to respond to comments by
speakers, as follows: I) what money from the Redevelopment Agency is used for, 2) who has
final authority on a project, 3) whether the UCSP plan was flawed, 4) the appeal process to the
City Council, and 5) how the recommendations provide more accountability.
Redevelopment Manager Crockett explained historically how redevelopment monies have been
used, the majority towards the bayfront. Councilmember McCann suggested that the historical
perspective be updated and reintroduced to the RAC, CYRC, and public groups. He then
reiterated that successful redevelopment would provide funding to fill potholes, build sidewalks
and streets where there are none, and attract restaurants.
City Manager Garcia said he believed there were ways to improve the Urban Core Specific Plan.
While he was not yet with the City during the process, he understood that there were some things
that were not addressed or delayed, but he felt there was nothing that could not be fixed. He also
explained that the Council would still have the final authority on all decisions for a project. The
key would be to have the teclmical work in terms of soliciting developers, initial plans, dealing
with architects and engineers, conceptual development, and the nuts and bolts of developing
redevelopment projects be vested with the CVRC. The final authority on the approval of
developers, development agreements, financing plans, and redevelopment projects would still be
vested with the Council, particularly with regard to money, financing and land use changes. He
also commented that the appeal process was designed to allow people who were not satisfied
with a decision made by the CYRC (developer or community group) to appeal that decision to
the Council, similar to the process utilized with the Planning Commission.
Councilmember Ramirez asked why autonomy, as mentioned in the staff report, was important.
Mr. Crockett explained that the idea was to work in the public eye, move projects forward, and
reach decisions using Council direction as identified in the strategic plan and budget in order to
eliminate redundancies in the process. City Manager Garcia further explained that the autonomy
meant to refer merely to organizational autonomy, meaning that staff would work for the
Executive Director of the CYRC.
Page 5 - Council Minutes
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DRAFT
WORKSHOP (continued)
CYRC Chair Lewis requested comments by CVRC members.
Director Munoz, a licensed civil engineer, stated that normally a tentative map was 100%
prepared by staff following City ordinances, codes and municipal requirements. It then went to
the governing authority for final approval, and the conditions of approval were built into the final
map. A licensed civil engineer would then be required to sign and stamp the map. He stated that
two licensed civil engineers currently serve on the CYRC Board, and both were familiar with the
process. Lastly, he stated that he hoped, as a CYRC Director, to use his expertise and knowledge
to present projects to the Council for final approval.
Director Salas stated that he had applied to be on the CYRC Board due to concerns about what
was and was not happening on the west side of Chula Vista. He had observed an influx of
"poverty retail," such as check cashing businesses that did not sustain a living wage. Further, he
was committed to looking at a project to determine if it would benefit those living in the area
today; if not, he would not support the project. He mentioned that trust was paramount, and the
Council needed to trust those they appointed. The Council would continue to control the purse
strings, set policy and make the final decisions. Councilmember Ramirez stated for the record
that while he trusted all of the CYRC members, the community needed to trust the Council; and
he believed it was the responsibility of the Council to build the trust with the community so that
the City could move forward. He said he believed the trust needed to be built prior to passing on
tools to the CYRC.
Director Paul stated that the seven CVRC Directors had a combined professional experience of
over 200 years, offered gratis to the community as public servants. The Directors took their
positions on faith that the City as a whole wanted redevelopment to succeed. He believed that
because of Chula Vista's size and location, there was ample opportunity to put money into the
City and address community needs. He stated that more should be done to invite both public and
private partnerships to invest in infrastructure; and that developers would come when they felt
there was a degree of fairness and they could obtain a return on investments. He pointed out that
redevelopment was successful in many cities throughout the state and should be given a chance
in Chula Vista.
Director Reyes stated that he was a Chula Vista resident and business owner investing his
personal time in the community, and that he saw the need to streamline the process and make it
simple in order to make it successful. He encouraged anyone interested to contact him directly,
should they want to get to know him better or if they had any questions.
Director Rooney stated that he chose to become involved because of the possibility of making
exciting things happen in the City, and that his heart was here, even though he was not a resident.
He described his expertise in architecture/planning and expressed his view that the CCDC was
not a bad example of redevelopment. He stated that he was committed to listening to the
community and would not ignore Council direction or citizen input. He said that tentative maps
would be evaluated based on the General Plan and Urban Core Specific Plan and would have to
conform to all requirements therein. Having served on the CVRC for the last two years, he said
he had experienced the lack of results due to a structure that bogged projects down, and he
commended the Council and City Manager for taking action to remedy the situation.
Page 6 - Council Minutes
September 4, 2007
tA-&
DRAFT
WORKSHOP (continued)
Chair Lewis stated that the CYRC members had tried to work as a tool for the Council to get
something done that had not been successfully done before and also to help the Council earn the
community trust. If the proposed changes would facilitate and expedite the process, making sure
projects went forward with limited obstacles, and provided predictability on the part of the
Council, staff and community, they would be welcome changes. Further, he stated that
responsibility and accountability could not be delegated, only authority. Successful private-
sector companies appoint people to make decisions and then they get out of their way and allow
them to do what they do. The results are that everybody wins. He encouraged the Council to
vest the CVRC with responsibilities and then let them get the job done.
Councilmember Ramirez stated that Chairman Lewis' comments were compelling except he
believed that trust was not yet earned, a good framework had not yet been established, the Urban
Core Specific Plan was horribly flawed, and fundamental elements were missing in order to be
able to go forward. He believed the CYRC members were the experts, but that the Council had
to build trust with the community before handing off responsibility.
Councilmember Castaneda stated that he was struggling to come up with the right mix to create
the right environment for the CYRC so that when the projects came forward, they could be
reviewed and the right decisions made for the community. He expressed concerns regarding
finances and what property might be purchased during the course of the year, and the types of
contracts that could be let. He said he would like to limit contracts on consultants to be land-use
only. He then thanked the CYRC members and expressed his trust in them for committing their
time to try to help the City.
Councilmember McCann spoke regarding the need for everyone to work together to bring good
things to the west side, while facing certain facts like the budget shortfall, decaying streets, and
boarded-up restaurants and businesses. He stated that he believed that there were more things
agreed upon than disagreed upon, and that now was the critical time, since if something is not
done, the west side and older areas would become more costly and difficult to revitalize. The
only option was for everyone to come together as a community and tackle it now. Further, he
stated that a well-run redevelopment program was needed to provide quality projects and attract
restaurants, bookstores, and amenities that were wanted.
Deputy Mayor Rindone summarized that there was agreement that the Redevelopment Agency
had not achieved the expected goals over the years, that changes needed to be made to jumpstart
the process, and that the RAC had been an excellent outcome of the process. He further stated
that he saw the potential to structure a process that was significantly beneficial to the community.
With the redesign of the CYRC, he saw seven outstanding members committed to assisting the
City. He did not believe the concern about the tentative map was as critical as eliminating what
he viewed as the major distraction that had caused the Redevelopment Agency to be
unsuccessful, which was lack of direction on the part of the staff and the Council. He then noted
that the new City Manager came from the largest redevelopment agency in California and
understood the value of the agency and how to accomplish what needed to be accomplished to be
successful. In closing, he stated he was encouraged about a new City Manager who wanted to
make a difference; a City staff being reorganized to provide the process; a strong community
voice via the RAC; an area of expertise second to none, and similar to a lot of other successful
city redevelopment agencies, assembled in this City, unique to this City, and very dedicated to
this City; and a commitment from the Council to do whatever was possible to move
redevelopment forward.
Page 7 - COWlcil Minutes
September 4, 2007
IA-7
DRAFT
WORKSHOP (continued)
Councilmember Ramirez stated he was optimistic but felt that the downside to not spending the
time and making the effort to get and build consensus with_ the community upfront would make
things counterproductive. Further, he stated that there was a gap in accountability, and to
remove the decision making a step further would not be good for the community at this time.
Mayor Cox noted a memo from the City Attorney stating that the legislative body could not
delegate its essential legislative functions, such as making or changing laws, but could delegate
the quasi-legislative, quasi-judicial and administrative functions as long as there were standards
in place. She then reviewed the proposed changes to the CYRC roles and responsibilities, stating
that she fully supported the City Manager's recommendations, as he was hired based on his
experience and expertise. She suggested that the CYRC hold a joint workshop with the RAC to
talk about their working relationship. She also encouraged the Council to direct the City
Manager to work with the City Attorney to revise the bylaws so that the substance of the
decisions could be forwarded to the CVRC, putting the tentative map in a holding pattern only if
necessary. City Manager Garcia stated that he would proceed with drafting the bylaws and
present them to the CYRC for approval and recommendation to the Council for amendments,
deletions and formal action.
OTHER BUSINESS
3. CITY MANAGER'S REPORTS
City Manager Garcia advised the Council that the City was in the midst of a budget challenge
and that he had spoken with the bond insurers and reassured them that the problem would be
under control, with a plan in place by the end of the calendar year and the shortfall corrected by
the end of the fiscal year. Additionally, he had met with over 600 City employees over the past
few weeks and implemented four major initiatives, which were to make the hiring freeze
permanent; look at department reorganizations that affect seven departments, including the City
Manager's Office; propose an early retirement program being developed by Human Resources;
and request all departments to prepare plans to reduce their expenditures by 10%. Work sessions
would be held with the Council in October, and approval would be requested the first of
November. Additionally, he stated that everyone in the organization was engaged in the
discussions, and that he had met with the unions, Department Heads, and managers, who were all
working to present solutions.
4. MA YOR'S/CHAIRMAN'S REPORTS
Mayor Cox stated that the Department of Mayor and Council would also be looking at a 10%
budget reduction, and she anticipated having an item on the agenda in October for the Council's
consideration.
Chair Lewis stated that he was pleased to have not only a new City Manager but also a Chief
Executive Officer, in the truest sense of the word, to assist with redevelopment and that he and
the CVRC Board welcomed City Manager Garcia and looked forward to having a close working
relationship with him.
Page 8 - COWlcil Minutes
(if -5'
September 4, 2007
DRAFT
OTHER BUSINESS (Continued)
5. COUNCIL COMMENTS
Councilmember McCann thanked the public and CYRC members, as well as City Manager
Garcia, for their participation in the workshop.
ADJOURNMENT
At 9:57 p.m., Mayor Cox adjourned the City Council to the Regular Meeting of September 11,
2007 at 6:00 p.m. in the Council Chambers, and Chair Lewis adjourned the Chula Vista
Redevelopment Corporation to its Regular Meeting of September 27, 2007 at 6:00 p.m. in the
Council Chambers, noting that the Regular Meeting of September 13, 2007 had been cancelled.
~~ ~V~
Lori Anne Peoples, MMC, Senior Deputy City Clerk
Page 9 - Council Minutes
September 4, 2007
1,4-1
DRAFT
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
September 11, 2007
6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:02
p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Castaneda, McCann and Mayor Cox
ABSENT: Councilmembers: Ramirez (excused), Rindone (excused)
ALSO PRESENT: City Manager Garcia, City Attorney Moore, City Clerk Bigelow and
Deputy City Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. INTRODUCTION BY FIRE CHIEF PERRY, OF EMPLOYEE OF THE MONTH,
ALICIA HERNANDEZ, ADMINISTRATIVE SECRETARY
Mayor Cox read the proclamation, and Councilmember McCann presented it to Ms. Hernandez.
Councilmernber Castaneda congratulated Ms. Hernandez on her exemplary service, and also
recognized all the honorees at the Fire Department's recent awards ceremony.
. OATHS OF OFFICE
Duane Bazzel, Growth Management Oversight Commission
Stan Canaris, Growth Management Oversight Commission
Bertha Lopez, International Friendship Commission
Guy Chambers, Parks and Recreation Commission
Israel Garza, Parks and Recreation Commission
City Clerk Bigelow administered the oaths of office to Duane Bazzel, Bertha Lopez, Guy
Chambers, and Israel Garza; and Councilmember McCann presented them with certificates of
appointment. Mr. Canaris was not present at the meeting.
. PRESENTATION BY MAYOR COX OF A PROCLAMATION TO FIRE CHIEF
PERRY AND POLICE CHIEF EMERSON PROCLAIMING SEPTEMBER 11, 2007
AS NATIONAL PATRIOT DAY, A CITYWIDE DAY OF HONOR AND SUPPORT
Mayor Cox read the proclamation in recognition of those whose lives were lost and the search
and rescue efforts of the September 11,2001 tragedy. Mayor Cox and Councilmembers McCann
and Castaneda then presented the proclamation to Fire Chief Perry and Police Chief Emerson.
/8-1
SPECIAL ORDERS OF THE DAY (Continued)
· PRESENTATION BY BRENDAN REED AND ROMAN PARTIDA-LOPEZ ON THE
CITY'S NATURES CAPE PROGRAM WHICH PROMOTES NATURE-FRIENDLY
LANDSCAPING AND GARDENING IN THE COMMUNITY
Environmental Resource Manager Reed presented the new community-based program that
promotes nature-friendly landscaping and gardening.
· PRESENTATION BY LYNN FRANCE, ENVIRONMENTAL SERVICES
MANAGER, OF THE BEAUTIFY CHULA VISTA PROGRAM
Environmental Services Manager France made a presentation about the program. Morgan
Justice-Black, representing I Love a Clean San Diego, explained the process for online
registration. The event will be held on October 6,2007, from 8:00 a.m. to noon, at Harborside
Park, 670 Oxford Street.
CONSENT CALENDAR
(Items 1 through 5)
1. WRITTEN COMMUNICATIONS
A. Memorandum from Councilmember Rudy Ramirez, requesting an excused
absence from the City Council Meeting of September 11, 2007.
Staff recommendation: Council excuse the absence.
B. Letter of resignation from Nancy Batterman, member of the Housing Advisory
Commission.
Staff recommendation: Council accept the resignation and direct the City Clerk to
post the vacancy in accordance with Maddy Act requirements.
C. Letter of resignation from Guy Chambers, member of the Board of Ethics,
effective September 20,2007.
Staff recommendation: Council accept the resignation and direct the City Clerk to
post the vacancy in accordance with Maddy Act requirements.
2. ORDINANCE NO. 3081, ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING THE ZONING MAPS ESTABLISHED BY MUNICIPAL CODE
SECTION 19.18.010 BY REZONING A ONE ACRE PARCEL LOCATED AT 696
NAPLES STREET FROM R-3 P-9, APARTMENT RESIDENTIAL, PRECISE PLAN,
NINE DWELLING UNITS PER ACRE, TO ILP, LIMITED INDUSTRIAL, PRECISE
PLAN, AND ADOPTING PRECISE PLAN STANDARDS (SECOND READING)
Adoption of the ordinance modifies the zone designation and adopts a Precise Plan
Development Standard, making the current land use conform with the industrial land use
designation and policies of the General Plan. This ordinance was introduced at the
Council meeting of August 14,2007. (Planning and Building Director)
Staff recommendation: Council adopt the ordinance.
Page 2 - Council Minutes
September 11, 2007
10-2
CONSENT CALENDAR (Continued)
3. RESOLUTION NO. 2007-228, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO AN
AGREEMENT BETWEEN THE CITY OF- CHULA VISTA AND NBS
GOVERNMENT FINANCE GROUP, DBA NBS, FOR SPECIAL TAX
CONSULTANT SERVICES FOR THE FORMATION OF AN INFRASTRUCTURE
FINANCING COMMUNITY FACILITIES DISTRICT WITHIN OTAY RANCH
VILLAGE TWO PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES
ACT OF 1982, AND AUTHORIZING THE MAYOR TO EXECUTE THE
AMENDMENT
Adoption of the resolution approves an amendment to an agreement with NBS, the City's
special tax district administrators, to include the formation of an infrastructure
community facility district within Otay Ranch Village Two, pursuant to the Mello-Roos
Community Facilities Act of 1982. (Engineering and General Services Director)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION NO. 2007-229, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FINAL "B" MAP OF CHULA VISTA
TRACT NO. 05-16, OTAY RANCH VILLAGE 6 MARQUIS UNIT 1, PLANNING
AREA MU-2, APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT
AGREEMENT FOR THE COMPLETION OF THE IMPROVEMENTS; APPROVING
THE ASSOCIATED SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENTS
Adoption of the resolution approves the Planning Area MU-2 final map within Otay
Ranch Village 6 by Otay Ranch Fourteen, LLC, a Delaware limited liability company.
(Engineering and General Services Director)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION NO. 2007-230, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE AGREEMENT BETWEEN THE CITY
OF CHULA VISTA AND RBF CONSULTING FOR THE PROVISION OF CIVIL
ENGINEERING AND SPECIAL INSPECTION SERVICES FOR THE EASTLAKE
P ARKW A Y SEWER CONNECTION PROJECT (KY-709) AND AUTHORIZING THE
MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY
Approximately 350 lineal feet of 12" sewer pipe needs to be installed by means of
tunneling under several large-diameter water aqueducts and other utilities. Due to the
complexity of this construction method and the sensitivity of the adjacent utilities, it is
necessary that the City hire a highly qualified consultant to provide design plans,
construction specifications, cost estimates (PS&E) and special inspection services
required to facilitate the proper installation of the sewer pipeline. (Engineering and
General Services Director)
Staff recommendation: Council adopt the resolution.
ACTION:
Councilmember Castaneda moved to approve staff's recommendations and
offered the Consent Calendar, headings read, texts waived. Councilmember
McCann seconded the motion, and it carried 3-0.
Page 3 - Council Agenda
September 11, 2007
//3-3
ITEMS REMOVED FROM THE CONSENT CALENDAR
There were none.
PUBLIC COMMENTS
Parks Pemberton spoke about the groups that seemed to be jockeying for a position regarding the
proposed Gaylord project on the bayfront and stated that perhaps it might be time to move on.
He further stated that the City needed to stand up for its blue-collared workforce.
PUBLIC HEARINGS
6. CONSIDERATION OF THE FORMATION OF ASSESSMENT DISTRICT NO. 2007-1
(FIRST AVENUE)
Residential properties along First Avenue, between Naples Street and Palomar Street, are
currently without curbs, gutters, or sidewalks. Fifty of the 59 property owners have
signed a petition requesting that special assessment district proceedings be commenced
for the purpose of financing the construction of these improvements. Staff completed the
preliminary design and cost estimates for the project. The Council previously adopted
resolutions that accepted the petition, approved the proposed boundary map and
preliminary assessment engineer's report, set a public hearing, and ordered the initiation
of ballot proceedings. Adoption of the resolution declares the results of the assessment
ballot tabulation, makes findings, and orders the construction of improvements.
(Engineering and General Services Director)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, Mayor Cox closed the public hearing.
At 6:40 p.m., Mayor Cox announced that the item would be trailed until the City Clerk
completed the ballot tabulation. At 7:00 p.m., consideration ofItem 6 resumed.
Engineering and General Services Director Griffin reported that the City received 37 ballots for
the 61 parcels, 31 votes in favor and 6 votes opposed. The 31 votes in favor represented only 40
percent of the weighted votes; therefore, the election failed, and the assessment district could not
be formed. He recommended that the Council take no further action on the item but direct staff
to schedule the certification of the results of this election at a future meeting and explore whether
or not a second election would be warranted. The Council concurred with the recommendation.
7. CONSIDERATION OF WANING MINOR IRREGULARITY ON THE BID
RECEIVED FOR THE "EUCALYPTUS PARK SECURITY LIGHTING (CIP NO. PR-
288)" PROJECT PER CITY CHARTER SECTION 1009
Page 4 - Council Minutes
1,8-'1
September I I, 2007
PUBLIC HEARINGS (Continued)
On July 25, 2007, the General Services Director received five sealed bids for the
Eucalyptus Park security lighting project (PR-288) in Eucalyptus Park at Fourth Avenue
and C Street. (Engineering and General Services Director)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Cox opened the public hearing. There were no members of the public who wished to
speak.
ACTION:
Councilmember Castaneda moved to continue the hearing to the meeting of
September 18, 2007. Councilmember McCann seconded the motion, and it
carried 3-0.
OTHER BUSINESS
8. CITY MANAGER'S REPORTS
City Manager Garcia announced that Deputy Mayor Rindone was absent from the meeting on
personal business, and Councilmember Ramirez was absent due to City business in Indiana.
9. MAYOR'S REPORTS
Mayor Cox announced that the Citizens' Leadership Academy received 60+ applications for 30
spots and would start a week from Wednesday. She stated that a second academy was proposed
to be offered in the spring.
10. COUNCIL COMMENTS
Councilmember McCann congratulated the Fire Department on its recent awards ceremony, and
then congratulated all the award recipients.
At 6:42 p.m., Mayor Cox recessed the meeting. It reconvened at 7:00 p.m., with all members
present.
Item 6, which had been previously trailed, was actually heard at this time.
At 7:03 p.m., Mayor Cox recessed the Council to Closed Session.
CLOSED SESSION
11. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT
CODE SECTION 54956.9(b)
Three cases
Two cases were discussed, and no reportable action was taken.
Page 5 - Council Agenda
September 11, 2007
I r> ,.--
,I,v - :::J
ADJOURNMENT
At 7:35 p.m., Mayor Cox adjourned the meeting to the Regular Meeting of September 18,2007,
at 6:00 p.m. in the Council Chambers.
~ ~~
Lorraine Bennett, CMC, Dep;CitY Clerk'
Page 6 - Council Minutes
/8-6
September 11, 2007
DRAFT
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
September 18, 2007
6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:00
p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Castaneda (arrived at 6:04 p.m.), McCann, Ramirez,
and Mayor Cox
ABSENT: Councilmembers: Rindone
ALSO PRESENT: City Manager Garcia, City Attorney Ann Moore, and Senior Deputy City
Clerk Peoples
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. PRESENTATION BY MAYOR COX OF A PROCLAMATION TO STEVE FULLER
COMMENDING FULLER'S PLUMBING FOR THEIR 50TH ANNIVERSARY OF
BUSINESS IN CHULA VISTA
Mayor Cox read the proclamation, and Councilmember Ramirez presented it to Mr. Fuller.
. PRESENTATION BY MAYOR COX OF A PROCLAMATION TO BERTO TEJEDA,
JOE VALDEZ AND LARRY DENSON, COMMENDING THE CHULA VISTA
GREEN SOX BASEBALL TEAM RECOGNIZING THEIR RECENT TRIPLE
CROWN WORLD SERIES TOURNAMENT IN COLORADO
Mayor Cox read the proclamation, and Councilmember McCann presented it to Mr. Tejeda and
the Green Sox team members.
CONSENT CALENDAR
(Items 1 through 9)
Mayor Cox announced Items 2 and 8B would be removed from the agenda at the request of staff.
Councilmember Castaneda requested that Consent Calendar Item 1 be removed for discussion.
1. This item was removed from the Consent Calendar for discussion.
2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "PAVEMENT
REHABILITATION PROGRAM FISCAL YEAR 2006/2007 DIG-OUTS & CHIP
SEAL (STL-340A)" PROJECT TO BOND BLACKTOP, INC. IN THE AMOUNT OF
$3,202,378.60 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE
FUNDS IN THE PROJECT
I ~ -/
DRAFT
CONSENT CALENDAR (continued)
On September 12, 2007, tbe General Services Director received sealed bids for tbe
2006/2007 pavement rehabilitation program dig-outs and chip seal project (STL-340A).
The work consists oftbe removal and replacement of damaged asphalt concrete pavement
"dig-outs" and, as an alternative bid item, chip seal pavement coatings on various
pavement locations in tbe City. Project work also includes striping, traffic control, and
otber miscellaneous work, all labor, material, equipment, and transportation necessary for
tbe project. (Engineering and General Services Director)
Staff recommendation: Council adopt the resolution.
3. RESOLUTION NO. 2007-232, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO THE
AGREEMENT WITH RUDOLPH AND SLETTEN, INC. FOR THE SALT CREEK
COMMUNITY PARK CAPITAL IMPROVEMENT PROJECT, PR251, INCREASING
THE GUARANTEED MAXIMUM PRICE (GMP), APPROVING CHANGE ORDER
NO. 1 AND AUTHORIZING INTERPROJECT TRANSFERS AS NECESSARY TO
COMPLETE THE PROJECT (4/5THS VOTE REQUIRED)
The Council previously approved a design build agreement with Rudolph and Sletten,
Inc. for tbe Salt Creek Community Park capital improvement project. Adoption of tbe
resolution amends tbe guaranteed maximum price for additional services as
recommended by staff and also amends tbe completion date. (Engineering and General
Services Director)
Staff recommendation: Council adopt tbe resolution.
4. RESOLUTION NO. 2007-233, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $59,379 IN
UNANTICIPATED REVENUES FROM THE CALIFORNIA DEPARTMENT OF
CONSERVATION, DIVISION OF RECYCLING - BEVERAGE CONTAINER
RECYCLING AND LITTER REDUCTION ACTNITIES GRANT PROGRAM
(4/5THS VOTE REQUIRED)
The California Department of Conservation, Division of Recycling (DOR) distributed
$10.5 million for fiscal year 2007/2008 to eligible cities and counties specifically for
beverage container recycling and litter clean-up activities. Each city was eligible to
receive a minimum of $5,000 or an amount calculated by tbe DOR, on a per capita basis,
whichever is greater. Adoption of tbe resolution accepts $59,379 for Chu1a Vista.
(Engineering and General Services DirectorIPub1ic Works Operations Director)
Staff recommendation: Council adopt tbe resolution.
5. RESOLUTION NO. 2007-234, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AWARDING A CONTRACT TO ANACOMP, INC. FOR
RECORD DIGITIZATION SERVICES AND AUTHORIZING THE MAYOR TOEXECUTE THE AGREEMENT
Page 2 - Council Minutes
September 18, 2007
IC-2-
DRAFT
CONSENT CALENDAR (continued)
Adoption of the resolution approves the requested digitization services contract, which
will assist the Planning and Building Department, and any other City department needing
the services, to archive permanent City records in digital format that is compatible with
the City Clerk's records retention standards. Staff conducted a competitive bid process,
and the contract ensures that the City will receive the services at very competitive rates.
(Planning and Building Director)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION NO. 2007-235, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL
TAXES FOR FISCAL YEAR 200712008 WITHIN COMMUNITY FACILITIES
DISTRICT 13-M; AND DELEGATING TO THE CITY MANAGER THE
AUTHORITY TO ESTABLISH THE SPECIAL TAX FOR THIS DISTRICT (4/5THS
VOTE REQUIRED)
On July 24,2007, the City Council established the maximum special tax rates that may
be levied for Fiscal Year 2007/2008 for Community Facilities Districts 97-1, 97-2, 97-3,
98-1,98-2,98-3,99-1,99-2,2000-1,2001-1,2001-2, 07-1, 08-1, 08-M, -9-M, II-M, 12-1,
12-M, 13-1 and 13-M. (Engineering and General Services Director)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION NO. 2007-236, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE PARCEL MAP FOR SYCAMORE
ESTATES, TENTATNE PARCEL MAP WAIVER NO. 07-06, ACCEPTING THE
EASEMENTS GRANTED ON SAID PARCEL MAP, AND APPROVING THE
VACATION OF A PORTION OF SYCAMORE DRIVE LYING WITHIN LOT "N" OF
WOODLAWN PARK ACCORDING TO MAP THEREOF NO. 1271, PARCEL 3 AND
4 OF PARCEL MAP 16006, AND LOT 4 OF SYCAMORE ESTATES MAP NO.
15566; AND THE ABANDONMENT OF A PORTION OF A TREE PLANTING AND
MAINTENANCE EASEMENT OVER PARCELS 3 AND 4 OF PARCEL MAP 16006,
AND AUTHORIZING THE MAYOR TO APPROVE THE PARCEL MAP
On April 19, 2005, by Resolution No. 2005-128, the City approved Tentative Map No.
04-09 for Sycamore Estates. On May 22, 2007, by Resolution No 2007-125, the City
approved the Sycamore Estates final map, Chula Vista Tract No. 04-09. Adoption of the
resolution approves the Sycamore Estates Parcel Map, Tentative Parcel Map 07-06.
(Engineering and General Services Director)
Staff recommendation: Council adopt the resolution.
8. A. RESOLUTION NO. 2007-237, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE PARK AGREEMENT FOR CHULA
VISTA TRACT NO. 06-05, OTAY RANCH VILLAGE TWO AND PORTIONS OF
VILLAGE FOUR, AND AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT
Page 3 - Council Minutes
September 18, 2007
1~-3
DRAFT
CONSENT CALENDAR (continued)
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 06-05, OTAY
RANCH VILLAGE TWO AND PORTIONS OF VILLAGE FOUR NORTH UNIT
ONE, APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT
AGREEMENT AND SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT FOR THE PROJECT, AND AUTHORIZING THE MAYOR TO
EXECUTE THE AGREEMENTS
Adoption of the resolutions approves the final map for Chula Vista Tract No. 06-05, Otay
Ranch Village Two and Portions of Village Four North, Unit One. (Engineering and
General Services Director)
Staff recommendation: Council adopt the resolution continued in Item 8A and remove
the resolution in Item 8B from the agenda.
9. RESOLUTION NO. 2007-238, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FINAL "B" MAP OF CHULA VISTA
TRACT NO. 06-05, OTAY RANCH VILLAGE TWO, NEIGHBORHOOD R-14,
APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT
FOR THE COMPLETION OF THE IMPROVEMENTS; APPROVING THE
ASSOCIATED SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT,
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS
Adoption of the resolution approves the Neighborhood R-14 final map within Otay
Ranch Village Two submitted by the developer, Otay Ranch Eighteen, LLC, a Delaware
Limited Liability Company. (Engineering and General Services Director)
Staff recommendation: Council adopt the resolution.
ACTION:
Councilmember Castaneda moved to approve staff's recommendations and
offered Consent Calendar Items 2 through 7, 8A, and 9, headings read, texts
waived. Councilmember McCann seconded the motion, and it carried 4-0.
ITEMS REMOVED FROM THE CONSENT CALENDAR
1. RESOLUTION NO. 2007-231, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING SECTION 9 OF COUNCIL POLICY 478-01
REGARDING THE TRAFFIC SIGNAL PARTICIPATION FEE TO INCLUDE THE
INSTALLATION OF AMERICANS WITH DISABILITIES ACT COMPLIANT
PEDESTRIAN RAMPS IN THE LIST OF USES OF FUNDS IN THE TRAFFIC
SIGNAL FUND AS REQUIRED BY RECENT MODIFICATIONS TO FEDERAL
LAW
City Council previously set a policy regulating the collection of a traffic signal impact fee
from developers to offset the impact of their projects on the City's traffic signal system.
As a result of recent modifications to the Americans with Disabilities Act (ADA), the
City is now required to construct additional pedestrian facilities in conjunction with
certain traffic signal modification projects. Adoption of the resolution allows the City to
use the traffic signal participation fee program funds in order to comply with related
ADA requirements in accordance with recent modifications to the federal law.
(Engineering and General Services Director)
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September 18, 2007
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CONSENT CALENDAR (continued)
Councilmember Castaneda asked if traffic signal participation fee funding could be used to
delineate turn lanes at intersections in western Chula Vista to improve traffic capacity and move
traffic more efficiently, and, if so, whether a policy change to effect this was needed.
Engineering and General Services Director Griffin responded that traffic signal fees were used
primarily for traffic signals themselves; however, other fees, such as gas tax, TransNet or
transportation development impact funds, could be looked at. He said he would report back to
the Council in the near future with his report to amend the fee to cover the increased costs of the
ADA amendment.
ACTION:
Councilmember Castaneda offered Resolution No. 2007-231, heading read, text
waived; and moved to direct staff to investigate further modifications to improve
traffic flow. Councilmember McCann seconded the motion, and it carried 4-0.
PUBLIC COMMENTS
Sandra McHale Renk, Chula Vista resident, spoke in opposition to the proposed Riverwalk
residential development on the KOA site and the tainted development process that offered no
place for community input. She further stated that the structure of the RAC (Redevelopment
Advisory Committee) and CYRC (Chula Vista Redevelopment Corporation) brought only the
interests of the developer to the process, not those of the community. She asked that the General
Plan, which calls for open space and a community park, be honored.
Gail Cavanah, Chula Vista resident, spoke in opposition to the proposed Riverwalk development,
and asked the Council not to change the General Plan and to keep the open space and designated
parkland on the west side.
Mayor Cox stated that the Riverwalk project had not yet come before the Council and was still
being considered by the RAC and CVRC. However, it was Council's intent to keep an open
public process throughout.
PUBLIC HEARINGS
10. CONSIDERATION OF WAIVING MINOR IRREGULARITY ON THE BID
RECEIVED FOR THE "EUCALYPTUS PARK SECURITY LIGHTING (CIP NO. PR-
288)" PROJECT PER CITY CHARTER SECTION 1009
On July 25, 2007 at 2:00 p.m., the General Services Director received five sealed bids for
the "Eucalyptus Park Security Lighting (PR-288)" project. The project will be located at
Eucalyptus Park at Fourth Avenue and C Street. The public hearing was continued from
the meeting of September 11, 2007. (Engineering and General Services Director)
Mayor Cox announced that the public hearing had been cancelled and Item 10 would be removed
from the agenda. There was no discussion, and no action was taken on this item.
Items 12, 13 and 14 were taken out of order and actually heard at this time.
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September 18, 2007
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ACTION ITEMS
11. CHARGERS STADIUM SITE ANALYSIS REPORT
Stadium consultant Cooper Robertson and Partners completed a site feasibility report on
behalf of the City of Chula Vista. The analysis included the evaluation of potential
stadium sites relative to operational issues, physical constraints, and policy issues. The
report presented the results of their findings.
Councilmember McCann spoke regarding the presentation that would be provided by the
consultant, Randy Morton and his colleagues from Cooper Robertson, and thanked the Chargers
for paying for the study at no cost to the citizens of Chula Vista. Councilmember McCann
concluded by saying that the City had an unprecedented opportunity to elevate its image; bring in
new revenues for roads, parks, fire and police; jumpstart efforts to bring a four-year university to
the City; and fast-track road improvements.
Planning and Building Director Sandoval provided an overview of Council actions taken since
May 2006, when the Council voted unanimously to enter into discussions with the San Diego
Chargers regarding the potential building of a stadium in Chula Vista;. In December 2006, a
subcommittee of the Mayor and Councilmember McCann was created to interact with the
Chargers; and in January 2007, the Council entered into a contract with the architectural firm of
Cooper Robertson and Partners to perform a site analysis that was fully funded by the San Diego
Chargers.
Randy Morton of Cooper, Robertson & Partners introduced his colleagues who assisted with the
preparation of the survey, and provided an overview of the report and several conceptual
illustrations.
Councilmember McCann introduced Mr. Fabiani, Special Counsel for the San Diego Chargers,
who stated that the site survey was, without qualification, the best money his organization had
spent; and he commended the consultant and City staff for their hard work and expertise. He
stated that his organization realized the heavy burden they carried to find a way to finance the
stadium, and that they were looking for willing partners to privately finance it, which had never
been done before, but which they thought was possible. Mr. Fabiani also stated that they knew
they had to convince the citizens of Chula Vista that they could handle the ramifications that
would come with a stadium, such as traffic and environmental impacts on the neighborhoods.
He noted that they would continue to host community meetings to gather public input. Mr.
Fabiani closed by saying that once a site was agreed upon, his firm would pay for a study to
evaluate the financial feasibility and benefits to the City by putting together an economic impact
study of taxes and jobs. He hoped to bring the study back to the City in time for an advisory vote
in 2008. He committed to working hand in hand with the public and the City, and stated that the
proposal by his organization would not disturb any plans for the bayfront or university campus
projects.
Norbert Stein, Chula Vista resident, spoke in support of the Chargers coming to Chula Vista.
Page 6 - Council Minutes
September 18,2007
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ACTION ITEMS (continued)
Patricia Lopez, Chula Vista resident, expressed the need for the City to take care of its residents
first, before investing funds in a stadium.
Tom Clavell, Chula Vista resident whose property is near one of the proposed sites, spoke in
support of the proposed stadium project and asked that his elected representatives give full
consideration to the proposal.
Cindy Gomper Graves, accompanied by Patricia Trauth and representing the South County
Economic Development Council, thanked the Council for taking a leadership role on the issue.
She stated that the Board of Directors had voted to support the Chargers' relocation to the South
Bay, had established a Charger Stadium Task Force to assist the City as it explores the stadium
possibility, and encouraged continued efforts to bring the stadium to Chula Vista.
Parks Pemberton, Chula Vista resident, spoke in opposition to the proposed stadium, citing
increased traffic and residents who would be forced out of the west side of the City.
Ed Lopez, Chula Vista resident and co-chairman of the South County Economic Development
Council, supported the possible location of a stadium in Chula Vista and asked the Council to
continue forward with an open process.
Scott Alevy, representing the San Diego Regional Chamber of Commerce, stated that while his
organization had not taken an official position on a stadium site, it did have an official position
that the Chargers were a regional asset and belonged in San Diego. He thanked the Council and
staff and encouraged them to continue to move forward to work through any real or perceived
problems.
Patricia Aguilar, Chula Vista resident representing Crossroads II, stated the organization,
representing 600 Chula Vista citizens, supported staff's recommendation that the Council accept
the report and provide further direction as needed. Further, she stated that it was essential for
citizens to be able to view and understand the financing proposal and that the matter be put to a
binding vote, should it get that far, so that the people can make the final decision.
Charles Moore, Chula Vista resident and president of the Chula Vista Chamber of Commerce,
spoke in support of the Chargers coming to Chula Vista and offered any assistance his
organization could provide to keep the Chargers in the region.
Todd Glanz, Chula Vista resident, expressed concerns regarding the impacts a stadium would
have on the residents, including crowded streets, traffic and noise. He urged the Council to focus
on what was best for the residents, and said he was led to believe that if the topic went to a vote
of the people, it would be binding rather than advisory.
Mitch Thompson, Chula Vista resident and former chair of the General Plan Update Committee,
thanked Councilmember McCann for pursuing the possibility of a Charger stadium in Chula
Vista. He stated that while his initial reaction was negative, he now wanted to look at everything
and become fully informed prior to making a decision. Mr. Thompson stated that his main
concern was traffic impacts and how they would be addressed. He encouraged the Council to
make the process transparent throughout and to have a citizens advisory committee create
wording that is fair for a ballot measure.
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September 18, 2007
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ACTION ITEMS (continued)
Dan Kray, Chula Vista resident, spoke in support of the proposed stadium and asked that if a
stadium were built, it be on the bayfront to bring somethiI].g new and new revenues to western
Chula Vista.
Willard H. Howard, Chula Vista resident, expressed frustration that every time someone wanted
to build something that would improve the west side, it was met with opposition. He encouraged
everyone to maintain a positive attitude and open mind so that the promised undergrounded
utilities, sidewalks, curbs and gutters could finally be provided.
Ted Kennedy, Chula Vista resident, said he did not understand why the City thought it would be
treated any differently than San Diego by the Chargers, and he encouraged the Council to view
the financial information prior to making a final decision.
Jim Peterson, Chula Vista resident, stated the stadium issue should be put to a binding vote if the
Council wanted to gain credibility with the residents.
In closing, Planning and Building Director Sandoval stated that the site survey was the first step
in a lengthy process. He noted that there were few cities in the region that had the amount of
land needed to accommodate the infrastructure needs of this type of development. He then
addressed several of the expressed concerns by stating that should a conceptual project come
forward, staff would do a thorough analysis of the financial issues, environmental impacts,
including traffic issues, and an analysis of the possible effects of such a project on the other
proposed priority projects for the bayfront and eastern university sites.
Mayor Cox thanked staff for their involvement in the study and indicated that the next step
would be for the Chargers to come to a conclusion over the next 30 to 45 days on the sites to
move forward on.
Councihnember Ramirez thanked the Charger organization and Councihnember McCann for
their work on this item. He stated that he wanted to fully consider the implications of such a
development and would respond accordingly once the implications were better understood.
Councilmember Castaneda stated that findings in the report indicated that the project was
technically possible and could bring funding for the things needed in the City, such as sidewalks,
undergrounding and street paving; but cautioned that the Council needed to ensure that whatever
happened would reap benefits for the people of Chula Vista.
Mayor Cox recognized Steve Cushman from the San Diego Unified Port District, who was
present in the audience.
Councilmember McCann thanked everyone for their participation in the discussion and stated
that the next steps would be to put together a detailed financing plan; perform an economic
benefits study that would show how many jobs would be created and what the City and region
would gain from such a project; and conduct public meetings to continue listening to the
community.
Page 8 - Council Mioutes September 18, 2007
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ACTION ITEMS (continued)
ACTION:
Councilmember McCarm moved to accept the report, refer the item back to the
Charger subcommittee to take the necessary next steps, and accept the Chargers'
offer to pay for the encompassing studies and staff time. Councilmember
Castaneda seconded the motion, and it carried 4-0.
OTHER BUSINESS
12. CITY MANAGER'S REPORTS
There were none.
13. MAYOR'S REPORTS
A.
Ratification of appointment of Eric Sutton to the Growth Management Oversight
Commission.
ACTION:
Mayor Cox moved to ratify the appointment of Mr. Sutton. Councilmember
McCarm seconded the motion, and it carried 4-0.
B.
Ratification of appointment of the following students to the Youth Action
Council:
Vandy Cam - Otay Ranch High School
Flavia Casas, Valeria Cuevas and Samuel Culver - Eastlake High School
yazmin De Saracho, Mariana De Saracho (Ex-Officio), and Chelsea
Rodriguez - Hilltop High School
Cassie Evans, J olm Tessitore and Elizabeth Vargas - Bonita High School
Kate Googins - Our Lady of Peace
Erika Gracia - Chula Vista High School
Matt Hoffman - High Tech High
ACTION:
Mayor Cox moved to ratifY the appointments of the students. Councilmember
McCann seconded the motion, and it carried 4-0.
14. COUNCIL COMMENTS
Councilmember Castaneda thanked Councilmember McCann for his leadership and work,. He
also thanked Environmental Services Project Manager France for the extremely successful
fundraiser held for the Boys & Girls Club last weekend at Otay Center. Additionally, he spoke
regarding a letter he received from the Environmental Health Coalition regarding its membership
on the RAC and the request to transfer its position to the Southwest Chula Vista Civic
Association. Mayor Cox stated that the matter would be considered by the legislative
subcommittee and brought back to the Council in October.
Councilmember McCarm thanked Councilmember Castaneda for his comments regarding the
Boys & Girls Club fundraiser. He too recognized Ms. France and her subcommittee, who helped
raise thousands of dollars for the club; and he thanked the Mayor and Councilmember Castaneda
for being celebrity dealers and Charles Moore for his participation, as well. He then spoke of the
grand opening of the Trader Joe's store and shopping center last Sunday, and he thanked
Plarming and Building Director Sandoval and his staff, as well as his Council colleagues, for
helping to make the new shopping center a reality.
Page 9 - Council Minutes
September 18, 2007
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OTHER BUSINESS (Continued)
Councilmember Ramirez referred to the Council workshop held September 4 regarding CYRC
responsibilities, stating that he hoped to engage the public.in further discussions to address the
concems that were raised. He then reported on several conferences he had attended, one of
which was the League of California Cities conference in Sacramento, where he attended eight
sessions. He also reported that he attended a conference in Indianapolis with several staff and
community members to look at ways to revitalize neighborhoods, and he would be making a
presentation at the Mayor's breakfast meeting. Lastly, he reported that he was invited by the
Mayor of Tijuana to participate in their Independence Day celebration held this past Sunday.
Mayor Cox announced that the First Citizens' Leadership Academy, comprised of 30
participants, would begin this Wednesday evening. She encouraged those City residents over the
age of 18 to apply for a second academy, which will be held next spring.
Mayor Cox declared a short recess at 6:40 p.m. She reconvened the meeting at 6:45 p.m., with
all members present except Deputy Mayor Rindone
Item II was actually heard at this time.
CLOSED SESSION
Mayor Cox announced that Closed Session had been cancelled. The following items were not
discussed, and no action was taken.
15. A. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
Three cases.
B. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
I. Vicki J. Holmes. et al. v. Kenneth Fowler. et al. San Diego Superior Court Case No.
GIS 18444
2. Citv of Chula Vista v. Kimco Realty Com. et al. San Diego Superior Court Case No.
37-2007 -00066754-CU- BC-CTL
ADJOURNMENT
At 8:40 p.m. Mayor Cox adjourned the meeting to the Regular Meeting of September 25, 2007,
at 6:00 p.m. in the Council Chambers.
a~~~~
Lori Anne Peoples, MMC, Senior Deputy City Clerk
Page 10 - Council Minutes
September 18, 2007
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MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
September 25, 2007
6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:01
p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Mayor
Cox
ABSENT: Councilmembers: None
ALSO PRESENT: City Manager Garcia, City Attorney Moore, City Clerk Bigelow and
Deputy City Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. OATHS OF OFFICE
Eric Sutton - Growth Management Oversight Commission
City Clerk Bigelow administered the oath to Mr. Sutton, and Deputy Mayor Rindone presented
him with a certificate of appointment.
Vandy Cam, Flavia Casas, Valeria Cuevas, Samuel Culver, Cassie Evans, Kate
Googins, Erika Gracia, Matt Hoffman, Chelsea Rodriguez, Yazmin De Saracho,
Marina De Saracho, John Tessitore and Elizabeth Vargas - Youth Action
Council
City Clerk Bigelow administered the oaths to the students, and Deputy Mayor Rindone presented
them with certificates of appointment. Cassie Evans and Elizabeth Vargas were not present at
the meeting.
CONSENT CALENDAR
(Items I through 8)
Deputy Mayor Rindone stated he would abstain from voting on Item I, and Councilmembers
McCann and Ramirez stated they would abstain from voting on Item 8.
1. WRITTEN COMMUNICATIONS
A. Memorandum from Deputy Mayor Rindone, requesting excused absences from
the City Council Meetings of September 11 and 18,2007.
Staff recommendation: Council excuse the absences.
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CONSENT CALENDAR (continued)
2. A. RESOLUTION NO. 2007-239, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE TRANSFER OF CITY-OWNED
PARCELS AND EASEMENTS AND THE RELINQUISHMENT OF ACCESS
RIGHTS TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION
(CALTRANS) FOR THE FINAL ALIGNMENT OF STATE ROUTE 125 AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ALL
DOCUMENTS NECESSARY TO COMPLETE THE TRANSFERS
B. RESOLUTION NO. 2007-240, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING THE TRANSFER OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION (CALTRANS) OWNED PARCELS TO
THE CITY FOR THE FINAL ALIGNMENT OF STATE ROUTE 125 AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ALL
DOCUMENTS NECESSARY TO COMPLETE THE TRANSFERS
The construction of State Route 125 is nearing completion. Because of the design-build
nature, minor alterations in alignment and/or design of the toll road have been made.
These alterations require that some adjustments in the right-of-way configuration be
made prior to opening. It is necessary for the City to grant to the Department of
Transportation (Caltrans) portions of certain City-owned parcels in fee and several
easements. The City will need to relinquish access rights to Caltrans in several areas.
Conversely, Caltrans will need to grant to the City two parcels of excess land outside the
final right-of-way. (Engineering and General Services Director)
Staff recommendation: Council adopt the resolutions.
3. REPORT REGARDING THE ANNUAL RATE ADJUSTMENT OF SOLID WASTE
SERVICE RATES PER THE TERMS AND CONDITIONS OF THE AMENDED AND
RESTATED RECYCLING AND SOLID WASTE FRANCHISE AGREEMENT
The Council previously approved the continuation of the solid waste general service rates
adjustment formula, and requested that staff return with a report when the evaluation of
the rate adjustment was complete for Fiscal Year 2007/2008. Rate adjustments are
effective July 1 for large quantity generators (commercial and industrial service
customers) and September I for small quantity generators (cart service customers),
annually. (Engineering and General Services Director/Public Works Operations
Director)
Staff recommendation: Council accept the report.
4. RESOLUTION NO. 2007-241, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO EXECUTE
ALL DOCUMENTS IN CONJUNCTION WITH OBTAINING LOANS THROUGH
THE CALIFORNIA ENERGY COMMISSION AND THE SDG&E ON-BILL
FINANCING PROGRAM, NOT TO EXCEED A TOTAL OF TWO MILLION
DOLLARS (4/5THS VOTE REQUIRED)
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DRAFT
CONSENT CALENDAR (continued)
Adoption of the resolution authorizes staff to enter into a combination of agreements for
loans with the California Energy Commission and "On Bill Financing" with SDG&E.
The agreements would bridge the financial gap between energy conservation project
capital costs and the available rebates for energy conservation equipment. (Conservation
and Environmental Services Director)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION NO. 2007-242, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $412,000 FROM THE CALIFORNIA OFFICE
OF TRAFFIC SAFETY FOR THE DUl ENFORCEMENT AND AWARENESS
PROGRAM, ADDING ONE PEACE OFFICER TO THE AUTHORIZED STAFFING
LEVEL OF THE POLICE DEPARTMENT AND APPROPRIATING FUNDS
THEREFOR (4/5THS VOTE REQUlRED)
The Police Department received additional funding from the Office of Traffic Safety to
enhance its existing DUl program, which focuses on traffic enforcement strategies to
reduce persons killed and injured in alcohol-involved collisions. This funding would
create a dedicated officer position in the Traffic Unit to oversee the DUl enforcement and
awareness program. (police Chief)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION NO. 2007-243, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $42,660 FROM THE GOVERNOR'S OFFICE
OF EMERGENCY SERVICES AND APPROPRIATING FUNDS THEREFOR,
WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING THE
CONTRACTUAL AGREEMENT WITH SOUTH BAY COMMUNITY SERVICES TO
PROVIDE SERVICES FOR DOMESTIC VIOLENCE CASES (4/5THS VOTE
REQUIRED)
The Police Department and South Bay Community Services have been working in
partnership for the past 10 years providing domestic violence services to the community.
Adoption of the resolution accepts a grant amendment from the Governor's Office of
Emergency Services to extend the Domestic Violence Response Team funding from June
30,20067 to December 31,2007, and approves a contractual agreement with South Bay
Community Services to provide domestic violence case services. (Police Chief)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION NO. 2007-244, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A REQUEST FROM THE BONITA
BUSINESS AND PROFESSIONAL ASSOCIATION TO CONDUCT THE
BONITAFEST AND BONITAFEST PARADE ON SATURDAY SEPTEMBER 29,
2007 AND WAIVING ASSOCIATED FEES FOR POLICE SERVICES
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September 25,2007
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CONSENT CALENDAR (continued)
The Bonita Business and Professional Association will conduct its annual Bonitafest
event on September 29, 2007, and is seeking to waive fees for police services. (Police
Chief) .
Staff recommendation: Council adopt the resolution.
8. RESOLUTION NO. 2007-245, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR
THE "PAVEMENT REHABILITATION PROGRAM FISCAL YEAR 2006/2007 DIG-
OUTS & CHIP SEAL (STL-340A)" PROJECT TO BOND BLACKTOP, INC. IN THE
AMOUNT OF $3,202,378.60 AND AUTHORIZING THE EXPENDITURE OF ALL
AVAILABLE FUNDS IN THE PROJECT
On September 12,2007, the General Services Director received sealed bids for the Fiscal
Year 2006/2007 pavement rehabilitation program dig-outs and chip seal project (STL-
340A). The work consists of the removal and replacement of damaged asphalt concrete
pavement "dig-outs" and, as an alternative bid item, chip seal pavement coatings, on
various pavement locations in the City. Project work also includes striping, traffic
control, and other miscellaneous work, all labor, material, equipment, and transportation
necessary for the project. (Engineering and General Services Director)
Staff recommendation: Council adopt the resolution.
ACTION:
Councilmember McCann moved to approve staffs recommendations and adopt
the Consent Calendar, headings read, texts waived. Councilmember Castaneda
seconded the motion, and it carried 5-0, except for Item 1, which carried 4-0-1,
with Deputy Mayor Rindone abstaining; and Item 8, which carried 3-0-2, with
Councilmembers McCann and Castaneda abstaining.
ITEMS REMOVED FROM THE CONSENT CALENDAR
There were none.
PUBLIC COMMENTS
There were none.
PUBLIC HEARINGS
9. CONSIDERATION OF AMENDMENT TO THE FISCAL YEAR 2007/2008 ANNUAL
ACTION PLAN TO REALLOCATE $35,000 OF COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS
The 2007/2008 Annual Action Plan for the Community Development Block Grant, Home
Investment Partnership Program and the Emergency Shelter Grant Programs must be
amended in order to reallocate $35,000 of unencumbered funds. This process requires a
30-day review period as well as a public hearing. (Acting Community Development
Director)
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DRAFT
PUBLIC HEARlNG (continued)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Housing Manager Mills and Community Development Specialist Davis presented the proposed
amended Annual Action Plan.
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, she closed the public hearing.
ACTION:
Councilmember Castaneda moved to adopt the following resolution, heading
read, text waived:
RESOLUTION NO. 2007-246, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE
FISCAL YEAR 2007/2008 ANNUAL ACTION PLAN TO
REALLOCATE $35,000 OF COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS TO THE SAN DIEGO REGIONAL REVOLVING
LOAN FUND; AUTHORIZING THE CITY MANAGER TO EXECUTE
ANY NECESSARY DOCUMENTS; AND ESTABLISHING THE SAN
DIEGO REVOLVING LOAN PROJECT AND AUTHORIZING
INTERPROJECT TRANSFERS AS NECESSARY (4/5THS VOTE
REQUIRED)
Councilmember McCann seconded the motion, and it carried 5-0.
ACTION ITEMS
10. CONSIDERATION OF CAMPAIGN CONTRIBUTION ORDINANCE REPORT
On August 14,2007, the Council directed the City Attorney to return to the Council with
a report outlining the ambiguities in the existing campaign contribution ordinance and
recommend changes to clarify the existing ordinance. (City Attorney)
Deputy City Attorney Dawson presented the report on the ordinance.
Deputy Mayor Rindone moved to direct staff to explore consistency with state law. Mayor Cox
seconded the motion. Deputy Mayor Rindone then moved to modify his motion to direct the
City Attorney to look at the statute of limitations for consistency with state law and the
Municipal Code, and to bring the item back to the Council. Mayor Cox seconded the motion.
Deputy Mayor Rindone withdrew his motion, pending the remainder of the presentation by
Deputy City Attorney Dawson and to hear public comments.
Deputy City Attorney Dawson then resumed the presentation.
Mr. Pavka submitted a speaker card but did not speak.
Page 5 - Council Minutes
September 25, 2007
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ACTION ITEMS (Continued)
John Moot suggested that the Council walk through the ordinance submitted by the Campaign
Contribution Ad Hoc Committee, compare it with the currently proposed ordinance, and then
make a decision.
At 9:01 p.m., Mayor Cox recessed the meeting. At 9:14 p.m., she reconvened the meeting, with
all members present.
Councilmember McCann moved to 1) clarify the intent by using "single elective office" rather
than "single election contest"; 2) use the terms "knowingly" and "willfully"; 3) eliminate Item (1)
from Section 2.52.040 regarding the suspension of contribution limits; and 4) change Section
2.52.090 regarding returning prohibited contributions from three business days to ten calendar
days. Councilmember Ramirez seconded the motion.
Mayor Cox expressed concern about eliminating the suspension of limits and ability to level the
playing field, and asked Councilmember McCann to consider bifurcating the motion to set aside
Item (1), the suspension of contribution limits, for further discussion.
Councilmember McCann moved to amend the motion to eliminate Item (1). Councilmember
Ramirez, who seconded the motion, stated that he would not agree to amend the motion, and he
then called for the question. Councilmember McCann withdrew his original motion and offered
an alternative motion.
Councilmember McCann moved to accept the' clarifications of the campaign contribution
ordinance as presented by the City Attorney, with the following policy direction: 1) use the term
"single election contest" rather than "single elective office"; 2) look at the standard used by state
law with reference to the use of the terms "knowingly" and "willfully"; and 3) change Section
2.52.090 regarding the return of prohibited contributions from three business days to ten calendar
days.
Councilmember Ramirez withdrew his call for the question.
Mayor Cox clarified that the motion made by Councilmember McCann was still on the floor.
ACTION:
Deputy Mayor Rindone offered the following substitute motion: 1) use "single
elective office" rather than "single election contest" in the sections identified by
the City Attorney; 2) provide 10 calendar days for the return of prohibited
contributions; and 3) direct the City Attorney to research the terms "knowingly"
and "willfully" as used in state law. Mayor Cox seconded the motion.
Councilmember McCann called for the question on the substitute motion. A
motion to vote on the substitute motion carried 5-0. The substitute motion
carried 5-0.
ACTION:
Councilmember McCann moved to eliminate Item (1) of Section 2.52.040
regarding the suspension of contribution limits, Councilmember Ramirez
seconded the motion, and it carried 3-2, with Mayor Cox and Deputy Mayor
Rindone voting no.
Mayor Cox moved to amend the 90-to-180-day statute oflimitations to make it consistent with
the Political Reform Act, and to create a provision to allow the City Clerk to ask for clarification
from the enforcement authority when she is in doubt about a provision of the code. Deputy
Mayor Rindone seconded the motion. There was no vote taken.
Page 6 - Council Minutes
September 25, 2007
1])-0
DRAFT
ACTION ITEMS (Continued)
ACTION:
Mayor Cox moved to amend the 90-to-180-day statute of limitations to make it
consistent with state law. Deputy Mayor Rindone seconded the motion, and it
carried 5-0.
Mayor Cox moved to consider combining the sections regarding loans and contributions to
oneself and set $10,000 as the trigger for notice requirements for both. Councilmember
Castaneda seconded the motion. There was no vote taken.
ACTION:
ACTION:
ACTION:
ACTION
Mayor Cox moved to amend the motion to change the amount from $10,000 to
$5,000, and direct the City Attorney to draft precise language to reflect that a loan
and a contribution are treated the same with regard to noticing. Deputy Mayor
Rindone seconded the motion, and it carried 5-0.
Deputy Mayor Rindone moved to limit the repayment of personal loans to $5,000,
thereby removing sub-section (C) of section 2.52.050, Loans/Rules and
Suspension. Councilmember Castaneda seconded the motion, and it carried 5-0.
Deputy Mayor Rindone moved to direct the City Attorney to review the proposed
ordinance with the re-constituted subcommittee consisting of Mr. German, Mr.
Peraza, Mr. Riess, and, if willing, Mr. Watry. Mayor Cox seconded the motion,
and it carried 5-0.
Mayor Cox moved to change the word "apparent" to "alleged" as it pertains to
referrals by the City Clerk and include a modified grandfather clause for current
candidates. Deputy Mayor Rindone seconded the motion, and it carried 5-0.
OTHER BUSINESS
II. CITY MANAGER'S REPORTS
City Manager Garcia reported that staff would be contacting outside agencies that receive
funding from the City for various programs and events to let them know that recommendations
to cut funding for future events would be presented to the Council.
12. MAYOR'S REPORTS
A. Recommendation from the Legislative Subcommittee regarding appointment
process for members of the Board of Ethics.
Mayor Cox commented on the issues relating to the current appointment process for the Board of
Ethics.
ACTION:
Mayor Cox moved to establish a process whereby potential Board of Ethics
members would be interviewed by a panel of at least two City Managers from
cities in San Diego County, other than Chula Vista, and the panel would make its
recommendations to the Council. Deputy Mayor Rindone seconded the motion,
and it carried 3-2, with Councilmembers McCann and Castaneda voting no.
September 25, 2007
Page 7 - Council Minutes
j 7\ -7'-
t j."";-
DRAFT
OTHER BUSINESS (Continued)
B.
Ratification of the appointment ofNeisha Glen to the Cultural Arts Commission.
Mayor Cox moved to ratifY the appointment of Neisha Glen to the Cultural Arts
Commission. Councilmember McCann seconded the motion, and it carried 5-0.
ACTION:
C.
Ratification of the appointment of Bianca Brodbeck to the Youth Action Council.
ACTION:
Mayor Cox moved to ratifY the appointment of Bianca Brodbeck to the Youth
Action Council. Councilmember McCann seconded the motion, and it carried
5-0.
13. COUNCIL COMMENTS
There were none.
CLOSED SESSION
Mayor Cox announced that Closed Session had been cancelled. The following item was not
discussed, and no action was taken.
14. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO
GOVERNMENT CODE SECTION 54957
Title: City Attorney
ADJOURNMENT
At II :40 p.m., Mayor Cox adjourned the meeting to the Regular Meeting of October 2, 2007 at
4:00 p.m. in the Council Chambers.
,/'
Lorraine Bennett, CMC, Deputy City Clerk
Page 8 - Council Minutes
/ 7', r-J
IV-O
,
September 25,2007
DRAFT
MINUTES OF ADJOURNED REGULAR MEETINGS OF
THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY
OF THE CITY OF CHULA VISTA
October 2, 2007
4:00 p.m.
Adjourned Regular Meetings of the City Council and the Redevelopment Agency of the City of
Chula Vista were called to order at 6:28 p.m. in the Council Chambers, located in City Hall, 276
Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT:
Agency/Councihnembers: Castaneda, McCann, Ramirez,
Rindone, and Chair/Mayor Cox
ABSENT:
Agency/Councilmembers: None
ALSO PRESENT: Executive Director/City Manager Garcia, General Counsel/City
Attorney Moore, City Clerk Bigelow, and Senior Deputy City
Clerk Peoples
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
CONSENT CALENDAR
(Item 1)
City Attorney/General Counsel Moore asked that the following item be removed from the
agenda. It was not discussed, and no action was taken.
1. JOINT RESOLUTION OF THE CITY COUNCIL AND REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA ESTABLISHING A POOL OF
INVESTMENT BANKING AND UNDERWRITING FIRMS FOR THE CHULA
VISTA BAYFRONT DEVELOPMENT AND REDEVELOPMENT AGENCY
PROJECT AREAS
Over the next several years, the City anticipates developing a world-class waterfront
using sound planning and economics, and recommends establishing a pool of investment
banking and underwriting firms to help finance these new development and
redevelopment projects. (Finance Director)
ITEMS REMOVED FROM THE CONSENT CALENDAR
There were none.
PUBLIC COMMENTS
There were none.
/E-/
DRAFT
PUBLIC HEARINGS
2. CONSIDERATION OF SALE OF SPACE 118 AT ORANGE TREE MOBILEHOME
PARK
The Redevelopment Agency assisted residents with the purchase of the Orange Tree
Mobilehome Park in 1987. Currently, five spaces remain in Agency ownership. It was
the Agency's intent to sell the spaces to current or incoming tenants when in a position to
purchase. The Agency has received an offer of $43,000 to purchase Space 118. (Acting
Community Development Director)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Senior Community Development Specialist KUIZ provided the staff report.
Chair Cox opened the public hearing. There being no members of the public who wished to
speak, she then closed the public hearing.
Agency Member Castaneda asked staff to make it a priority to sell the remaining mobilehome
spaces, as it was never the intent of the Agency to be mobilehome park landlord.
ACTION:
Agency Member Castaneda offered Resolution No. 2007-1983, heading read, text
waived:
RESOLUTION NO. 2007-1983, RESOLUTION OF THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
APPROVING THE "REAL ESTATE PURCHASE CONTRACT" AND
AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR
TO EXECUTE SAID CONTRACT AND RELATED DOCUMENTS
FOR SPACE 118 AT ORANGE TREE MOBILEHOME PARK
Vice Chairman Rindone seconded the motion, and it carried 5-0.
ADJOURNMENT
At 6:36 p.m., Chair/Mayor Cox adjourned the City Council to a Regular Meeting on October 9,
2007 at 6:00 p.m. in the Council Chambers, stated that the Adjourned Regular Meeting of
October 4, 2007 had been cancelled, and adjourned the Redevelopment Agency to its Regular
Meeting of October 16, 2007, at 6:00 p.m. in the Council Chambers.
cR~~~
Lori Anne Peoples, MMC, Senior Deputy City Clerk
Page 2 - Council/RDA Minutes
'r-2"
I r-- ~,
/t---
October 2, 2007
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
October 2, 2007
4:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:03
p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Castaneda (arrived at 4:32 p.m.), McCann, Ramirez,
Rindone, and Mayor Cox
ABSENT: Counci1members: None
ALSO PRESENT: City Manager Garcia, City Attorney Moore, City Clerk Bigelow and
Senior Deputy City Clerk Peoples
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. OATH OF OFFICE
Neisha Glenn - Cultural Arts Commission
Bianca Brodbeck, Cassie Evans, Elizabeth Vargas - Youth Action Council
City Clerk Bigelow administered oaths of office to Neisha Glenn, Bianca Brodbeck and
Elizabeth Vargas, and Deputy Mayor Rindone presented each with a certificate of appointment.
Cassie Evans was not present.
. INTRODUCTION BY PLANNING AND BUILDING DIRECTOR SANDOVAL, OF
EMPLOYEE OF THE MONTH, JOHN STEEN II, BUILDING INSPECTOR III
Planning and Building Director Sandoval introduced the employee of the month, Jo1m Steen II,
Building Inspector II. Mayor Cox read the proclamation, and Deputy Mayor Rindone presented
it to Mr. Steen.
. PRESENTATION BY ASSISTANT CITY MANAGERlLffiRARY DIRECTOR
PALMER OF CHULA VISTA PUBLIC LIBRARY'S SUMMER READING
PROGRAM HONOREES: SHAWN JAMES AND LORYN CLEMENT FOR THE
CIVIC CENTER BRANCH; MARTIN PELAYO AND MARKAJIA SIMMONS FOR
THE SOUTH BRANCH; AND BRYCE ADAMS AND ANIKA HARRELL FOR THE
EASTLAKE BRANCH
Assistant City Manager/Library Director Palmer introduced the honorees, as well as the
children's and teen librarians from the different library branches, and presented each honoree
with a certificate of recognition.
/F-/
SPECIAL ORDERS OF THE DAY (continued)
· PRESENTATION BY MAYOR COX OF A PROCLAMATION TO GRETCHEN N.
EVANS, PROCLAIMING OCTOBER 2, 2007 AS GRETCHEN N. EVANS DAY IN
CHULA VISTA
Mayor Cox read the proclamation, and Councilmember McCann presented it to Ms. Evans.
· PRESENTATION BY MAYOR COX OF A PROCLAMATION TO TODD
VOORHEES, CHAIRMAN OF THE CULTURAL ARTS COMMISSION,
PROCLAIMING THE MONTH OF OCTOBER, 2007 AS NATIONAL ARTS AND
HUMANITIES MONTH AND OCTOBER 5, 2007 AS CALIFORNIA ARTS DAY IN
CHULA VISTA
Mayor Cox read the proclamation, and Councilmember McCann presented it to Mr. Voorhees,
Chair of the Cultural Arts Commission.
· PRESENTATION BY MAYOR COX OF A PROCLAMATION TO JON BEYRER, OF
THE FINANCIAL PLANNING ASSOCIATION PROCLAIMING OCTOBER 1-7,
2007 AS FINANCIAL PLANNING WEEK IN CHULA VISTA
Mayor Cox read the proclamation, and Councilmember Ramirez presented it to Ms. Ruch of the
Financial Planning Association.
· PRESENTATION BY CYNTHIA BURKE, PH.D. FROM THE SAN DIEGO
ASSOCIATION OF GOVERNMENTS (SANDAG) ON THE RESULTS OF THE 2007
CHULA VISTA POLICE DEPARTMENT RESIDENT OPINION SURVEY
Ms. Burke presented the results of the 2007 survey and advised that copies could be obtained
through the office of the Police Chief.
Councilmember Castaneda requested that future surveys be provided to people who have not
traditionally been involved. Additionally, he suggested that the Public Safety Committee look at
ways to access those who have not traditionally responded and methodology to increase their
participation.
Deputy Mayor Rindone introduced MTS Chair Harry Mathis and Chief Executive Officer Paul
Jablonski, who were present in the audience. He then spoke regarding the reduction in the
number of stolen vehicles from trolley stations since security cameras were installed.
Councilmember Ramirez congratulated the Police Department for the positive public perception
regarding its services and also commended the department for the decrease in intersection
accidents. Police Chief Emerson stated that there had been 100 fewer injury collisions in the
first eight months of this year.
Page 2 - Council Minutes
IF-2
October 2, 2007
CONSENT CALENDAR
(Items I through 2)
Regarding Item I, City Attorney Moore stated for the record that Deputy Mayor Rindone was a
non-salaried board member of the Chamber of Commerce; an IRS 501-( c )-6 organization, and
Councilmember Ramirez was a member of the Chamber of Commerce who owns a non-tourist-
related business. Her office analyzed those facts and determined that both Councilmembers fell
within the non-interest exception of Govemment Code Section 1091.5A, and thus no conflict of
interests were involved with respect to them voting on the item.
Deputy Mayor Rindone stated he would abstain from voting on Item 2, as his residence is within
500 feet of the subj ect location.
Mayor Cox asked that the Consent Calendar items be voted upon individually.
1. RESOLUTION NO. 2007-247, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A SIX-MONTH CONTRACT IN THE
AMOUNT OF $96,507 BETWEEN THE CITY OF CHULA VISTA AND THE CHULA
VISTA CHAMBER OF COMMERCE FOR THE PROVISION OF CHULA VISTA
CONVENTION AND VISITORS BUREAU PROMOTIONAL SERVICES AND
VISITOR AND TRANSIT INFORMATION SERVICES, AND AUTHORIZING THE
MAYOR TO EXECUTE THE AGREEMENT
According to Council Policy No. 230-01, each year the Council considers a budget and
related contract with the Chula Vista Chamber of Commerce for the provision of Chula
Vista Convention and Visitors Bureau promotion services, and visitor and transit
information services at the Chula Vista Visitor Information Center and Chamber of
Commerce main office. Due to budget constraints, adoption of the resolution approves a
six-month fee for a service contract with the Chamber of Commerce. Staff will
recommend an additional six-month contract to account for services rendered during the
remainder of the 2008 fiscal year after the Council's mid-year budget deliberations.
(Economic Development Officer)
Staff recommendation: Council adopt the resolution.
ACTION:
Mayor Cox moved to approve staff's recommendations and offered Resolution
No. 2007-247, heading read, text waived. Councilmember McCann seconded the
motion, and it carried 5-0.
2. RESOLUTION NO. 2007-248, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA DECLARING THE CITY'S INTENTION TO REIMBURSE
CERTAIN EXPENDITURES RELATING TO THE PHASE 3 CIVIC CENTER
IMPROVEMENTS FROM THE PROCEEDS OF THE SALE OF TAX-EXEMPT
OBLIGATIONS
It is the City's intention to receive reimbursement for amounts advanced for the Phase 3
Civic Center improvement project from proceeds of the sale of tax-exempt obligations.
(Finance Director)
Staffrecommendation: Council adopt the resolution.
ACTION:
Councilmember McCann moved to approve staff's recommendations and offered
Resolution No. 2007-248, heading read, text waived. Mayor Cox seconded the
motion, and it carried 4-0-1 with Deputy Mayor Rindone abstaining.
Page 3 - Council Minutes
IF-3
October 2, 2007
ITEMS REMOVED FROM THE CONSENT CALENDAR
There were none.
PUBLIC COMMENTS
Patricia Lopez, Chula Vista resident, remarked that it was interesting that John Steen received
the employee of the month award and, at the same time, he and his fellow employees are facing
pay cuts. She then encouraged the Council to continue discussions on the mobilehome park
ordinance and assist in finding investors for park residents. She also asked that the devaluation
portion be removed from the proposed ordinance. City Manager Garcia responded that although
the City was considering many cuts in operations to balance the budget, pay reductions at this
time for current employees were not under consideration. Mayor Cox referred Ms. Lopez to
Mandy Mills in the Housing Department for additional information regarding the mobilehome
ordinance.
John Moot, Chula Vista resident, spoke regarding a Superior Court ruling received yesterday
pertaining to the building heights initiative, wherein the judge ruled that Mr. Jentz had violated
California elections law. Additionally, at a press conference yesterday, two former members of
the City Council and two former Planning Commissioners announced that they would be
submitting an ordinance for consideration designed to protect the integrity of the election process
in Chula Vista. The ordinance provides that any person being paid to gather signatures in the
City must comply with California Election Code Section 9209, obtain a business license, and
show evidence at the time they obtain the license that they are in fact either a voter in Chula
Vista or qualified to be a voter in Chula Vista. Mr. Moot then provided copies of the draft
ordinance to which he had referred.
Deputy Mayor Rindone stated that he had been approached on more than one occasion to sign
the referenced petition. He asked if there were any requirements that the circulator had to inform
the signer what the petition was about, and if so, how they were enforced. Mr. Moot responded
that one of the basic rules, prior to gathering signatures, is that a notice must be published in a
newspaper of general circulation in the jurisdiction so that people would know what it was about,
and that the noticing was how most people learned about initiatives. The law specifically
provides that a misrepresentation made in an effort to get someone to sign a petition would be
grounds for invalidating the petition; and if anyone was asked to sign a petition where a
misrepresentation had been made, it should be reported.
ACTION ITEMS
3. CONSIDERATION OF REPORT ON CHULA VISTA TRANSIT (CVT) FUNDING
AND OPERATIONS
At the Council meeting of April 4, 2006, Transit staff presented the fourth annual report
on the City's transit system, Chula Vista Transit (CVT). The current report provides an
update on CVT's funding and operations. (Public Works Operations Director)
Page 4 - Council Minutes
/F-Lf
October 2, 2007
-r-
ACTION ITEMS (Continued)
Public Works Operations Director Byers introduced Transit Manager Trujillo, who presented the
staff report. He spoke regarding the Metropolitan Transit System (MTS) budget shortfall,
$320,000 as a preliminary estimate for Chula Vista's share; past reductions achieved through
reductions in service; and the need to now look at administrative reductions, as well as continue
discussions on the possibility oftransitioning the services to MTS.
Deputy Mayor Rindone stated that the purpose of a transition in services from Chula Vista
Transit to MTS would be to provide efficiencies in both systems, but it would require extensive
discussion.
Mr. Jablonski, Chief Executive Officer for MTS, expressed appreciation for the partnership
between Chula Vista Transit staff and MTS. He spoke regarding the rehabilitation of the blue
line, the urban partnership program with SANDAG, obtaining federal funding for SWOOP, and
an express service from eastern Chula Vista to the University Town Center and Sorrento Valley
area. He then addressed the budget, noting that MTS did not fare well in the state budget,
services were in jeopardy, and a fare increase of $.50 would be proposed.
Councilmember Ramirez expressed dissatisfaction with the City's transit system, citing bus stop
maintenance issues, appearance, and locations; he asked that creative solutions or strategies be
considered.
Councilmember Castaneda expressed concerns about impacts to residents related to the possible
transition from Chula Vista Transit to MTS, and he asked that more work and specificity be
provided to identify impacts so as not to erode Chula Vista's investment in the transit system
over the years.
City Manager Garcia stated that discussions were still in the preliminary stage, and guidelines
would be established for MTS taking over the responsibilities of Chula Vista Transit. Further, he
stated that he would brief the Council in more detail as soon as more definitive decisions were
made.
Transit Manager Trujillo responded to the concerns expressed by Councilmember Ramirez,
stating that an ongoing bus stop maintenance program was in place, and special requests for
maintenance services could be reported to Public Works at 697-3000.
MTS Chairman Mathis stated that Chula Vista and MTS had an established history of
cooperation, which was greatly appreciated, and he then explained how to read the figures in the
report that indicated an increase, not a decrease, in service.
Deputy Mayor Rindone commented that transit funding was difficult to address statewide, and he
explained how the Governor used city funds to balance the state budget, even though those funds
were voter-approved to be used specifically for transit. Local agencies were left to try to balance
the shortfall.
City Manager Garcia added that Chula Vista had some of the most productive routes in the entire
MTS system, noting that the Visitor Center provides over $10,000 in MTS revenue per day.
ACTION:
Deputy Mayor Rindone moved to accept the report. Councilmember Castaneda
seconded the motion, and it carried 5-0.
Page 5 - Council Minutes
/F-5
October 2, 2007
OTHER BUSINESS
4. CITY MANAGER'S REPORTS
City Manager Garcia stated he would attend the ICMA conference in Pittsburgh over the
weekend and return on Tuesday afternoon, October 9th; Assistant City Manager Tulloch would
be Acting City Manager in his absence.
5. MAYOR'S REPORTS
Mayor Cox reminded everyone of the upcoming Beautify Chula Vista event on Saturday at
Harborside Park. She stated that people could register online to get a shirt and gloves.
Mayor Cox then spoke about the recent court ruling regarding the height limitation initiative.
The issue was whether the proponents properly followed the California Elections Code in
noticing the initiative. The judge ruled that the City was required to follow state law and wrote,
"Because the requirement to give notice of intent prior to circulating the petition serves the
important purpose of educating the public about the petition campaign before it begins, courts
require strict compliance with Section 9205." He further wrote, "Because real parties in interest
did not satisfY California Elections Code 9205, the initiative petition is void. It is appropriate to
issue the writ so the City can avoid the unnecessary expense of placing the measure on the
ballot." Mayor Cox concluded by stating that it would have cost the City more in time and
money for protracted litigation, which ultimately might have precluded the proponents from
submitting their revised initiative in time for the June 2008 ballot, and that with this decision, the
court confirmed that the City had done the right thing by the law.
· Ratification of the appointment of Johnny Flores as an ex -officio member of the Youth
Action Council.
ACTION:
Councilmember Castaneda moved to appoint Johnny Flores as an ex-officio
member of the Youth Action Council. Councilmember McCann seconded the
motion, and it carried 5-0.
6. COUNCIL COMMENTS
Councilmember Ramirez reported on a meeting of the South County Economic Development
Commission last Friday. A panel of economic development personnel from various cities was
asked what they were going to do during the economic downturn. The representative from the
City of San Diego said San Diego was going to focus on the long-term. Councilmember
Ramirez believed the question was important for Chula Vista to consider, and his answer would
be to think in terms of planning efforts like the Urban Core Specific Plan, the southwest area and
repair work needed.
Councilmember McCann thanked everyone who worked at and attended Bonitafest, and stated
he would participate in the Beautify Chula Vista event.
Councilmember Rindone joined in congratulating those who participated in Bonitafest, and
stated that the BeautifY Chula Vista event this Saturday will begin at Harborside Park at 8:00
a.m. He also mentioned the Fire Station 4 open house from 10:00 a.m. to 2:00 p.m.
Mayor Cox recessed the meeting at 6:09 p.m. She reconvened the meeting at 6:46 p.m., with all
members present.
Page 6 - Council Minutes
IF-6
October 2, 2007
CLOSED SESSION
Mayor Cox recessed the meeting to Closed Session at 6:47 p.m.
7. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO
GOVERNMENT CODE SECTION 54957
Title: City Attorney
No reportable action was taken.
ADJOURNMENT
At 9:30 p.m., Mayor Cox adjourned the meeting to the Regular Meeting of October 9, 2007 at
6:00 p.m. in the Council Chambers. The Adjourned Regular Meeting of October 4, 2007 was
cancelled.
a~~Y~
Lori Anne Peoples, MMC, Senior Deputy City Clerk
Page 7 - Council Minutes
IF-7
October 2, 2007
D t>.DO?\\O~
ORDINANCE NO. ?-t.t>.D\~G t>.~
St.CO~D
ORDINANCE OF THE . CITY OF
CHULA VISTA AUTHORIZING AN AMENDMENT TO THE
CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AND THE BOARD OF ADMINISTRATION OF
THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT
SYSTEM
The City Council of the City Of Chula Vista does ordain as follows:
Section 1.
That an amendment to the contract between the City Council of the City Of Chula Vista and
the Board of Administration, Califomia Public Employees' Retirement System is authorized
by this Ordinance. A copy of the amendment is attached and marked as Exhibit D, and by
this reference is made a part of the Ordinance.
Section 2.
The Mayor of the City of Chula Vista is hereby authorized, empowered, and directed to
execute the amendment for and on behalf of the City.
Section 3.
This Ordinance shall take effect 30 days after the second reading of the Ordinance, which
will be at least 20 days after the date of adoption of the Resolution of Intention. The
Ordinance will be published at least two weeks prior to the adoption of the final documents
and circulated in the City of Chula Vista.
NOW, THEREFORE BE IT FURTHER that this ordinance shall take effect and be in
full force thirty (30) days after its adoption.
Presented by:
Approved as to Form by:
Marcia Raskin
Director of Human Resources
~,~'\\\\<b~
Ann Moore
City Attorney
..:L.
CITY COUNCIL
AGENDA STATEMENT
.::S'Y~ an OF .
~ ~ ~~ CHUlA VISTA
NOVEMBER 6,2007, Item ~
SUBMITTED BY:
REVIEWED BY:
URGENCY ORDINANCE AUTHORIZING AN AMENDMENT
TO THE CONTRACT BEiWEEN THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AND THE BOARD OF ADMNISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM.
Director of Human rces rw---
CITY MANAGER
ASSISTANT CITY
ITEM TITLE:
4/5THS VOTE: YES ~ NO D
BACKGROUND
In an effort to avoid or rninimize the potential for layoffs, reduce the number of benefited
employees and reduce personnel costs in the General Fund, it is recommended the City
amend both Local Miscellaneous and Local Safety contracts between the Board of
Administration of the California Public Employees' Retirement System (CalPERS) and the
City of Chula Vista to provide Section 20903 - Two Years Additional Service Credit to all
City employees that are Local Miscellaneous and Local Safety members. This urgency
ordinance will become effective immediately and will expire when the regular ordinance
becomes effective, December 6, 2007.
RECOMMENDATION
That council adopt the subject Resolution of Intention, and place on first reading the
Ordinance, which will amend both the Local Miscellaneous and Local Safety contracts
between the Board of Administration of the California Public Employee's Retirement
System and the City of Chula Vista to provide Section 20903 - Two Years Additional
Service Credit to all eligible City employees that are Local Miscellaneous and Local Safety
members.
The first reading of the Ordinance was on October 16, 2007. The second reading of the
Ordinance was on November 6, 2007. The Ordinance will become effective on December
6, 2007. Since this benefit needs to be implemented as soon as possible in order to realize
3-1
NOVEMBER 6, 2007, Item~
Page 2 of 4
the full financial benefits of the program, this urgency ordinance will become effective
immediately and will expire when the regular ordinance becomes effective.
DISCUSSION
Due to impending layoffs, mandatory transfers and demotions in the City of Chula Vista,
the City sought alternative solutions to balance its current budget. The current California
Public Employee Retirement Law allows an early retirement incentive. Government
Code Section 20903 provides two years additional CalPERS service credit to members
who retire during a designated period. The City must certifY that it is its intention that if
any early retirements are granted after receipt of service credit pursuant to Section 20903,
that any vacancies created or at least one vacancy in any position in any department or
other organizational unit shall remain permanently unfilled, thereby resulting in an
overall reduction in the workforce of the department or organizational unit.
An eligible employee may apply for the benefit during the designated window period,
which cannot be less than 90 days or no more than 180 days, subsequent to the effective
date of contract amendment. The City will open the 90-day window period from
November 7, 2007 through February 5, 2008.
To be eligible:
. Member must have at least 5 years of CalPERS service credit
. Member must be employed for at least one day during the designated period
. Member must retire during the designated period
. Member cannot receive credit under this section if member is receiving any
unemployment insurance payments
. If retired member subsequently re-enters membership, additional service
credit is forfeited
The first reading of the Ordinance was on October 16, 2007. The second reading of the
Ordinance was on November 6, 2007. The Ordinance will become effective on December
6, 2007. Since this benefit needs to be implemented as soon as possible in order to realize
the full financial benefits of the program, this urgency ordinance will become effective
immediately and will expire when the regular ordinance becomes effective.
DECISION MAKER CONFLICTS: Not applicable
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently the 500 foot rule found in California Code of
Regulations section 18704.2(a)(l) is not applicable to this decision.
FISCAL IMPACT
The added cost to the retirement fund for all eligible employees who retire during the
designated window period will be included in the City's employer contribution rate for
the fiscal year that begins two years after the end of the designated period. Government
3-2
NOVEMBER 6, 2007, Item l-
Page 3 of 4
Code Section 7507 requires that the estimated present value of additional employer
contributions of the proposed contract amendments be made public at a public meeting.
This amount is based on the member's annual reportable compensation, the cost factor
and the fact that the City does contract for Post-Retirement Survivor Allowance.
The following estimated cost projection was based on all 318 eligible employees taking
the additional two years credit. However, it is estimated that approximately 25% of the
318 employees that are eligible to retire will take advantage of this CalPERS benefit.
Miscellaneous Plan
Additional Employer Contribution:
Rate Increase in Employer Contribution:
$13,134,496 (over 20 years)
1.14%
Safety Plan (police and Fire)
Additional Employer Contribution (Police):
Rate Increase in Employer Contribution:
$1,757,294 (over 20 years)
0.41%
Additional Employer Contribution (Fire):
Rate Increase in Employer Contribution:
$1,733,530 (over 20 years)
0.84%
The actual employer contribution costs and rates may be only 25% of the amounts
shown~ We will be able to accurately identify the final costs once all eligible
employees separate from the City and retire.
A final list of employees that applied for retirement will be presented to CalPERS after
the 90-day application window. CalPERS will include the cost of the Two Years
Additional Service Credit in the City's employer contribution rate commencing with the
fiscal year starting two years after the end of the designated period. The increase in
employer contribution will be amortized over 20 years.
The estimated cost of the medical incentive program is $652,800 over the two years.
However, the City is saving approximately $1.5 million dollars in cafeteria-style flex
benefits for this same group, for a potential net savings of$847,200.
The estimated salary savings of the vacancies created by the 75 early retirees, based on an
average salary of $75,000, without benefit costs, is $5.625 million per year.
CONTRACT AMENDMENT PROCESS
The process set out by CalPERS for contract amendments is very specific. This item is
being presented as an announcement of the City's intention to amend its contract and to
present the first reading of the required Ordinance. Pursuant to Section 20471, approval
of the contract shall be by Ordinance adopted no less than 20 days between the adoption
of the Resolution of Intention and the adoption of the final Ordinance. The second
reading and final adoption of the contract amendment will be November 6, 2007.
3-3
T
ORDINANCE NO.
URGENCY ORDINANCE OF THE CITY OF CHULA VISTA
AUTHORIZING AN AMENDMENT TO THE CONTRACT
BETWEEN THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
WHEREAS, the City has experienced unexpected revenue shortfalls for Fiscal Year 2008 and
Fiscal Year 2009 and is seeking cost saving measures to balance the budget; and
WHEREAS, the City Manager and Office of Budget and Analysis have determined the City
could realize significant cost savings through an early retirement program; and
WHEREAS, the current California Public Employee Retirement Law allows an early
retirement incentive; and
WHEREAS, Government Code Section 20903 provides two years additional CaIPERS service
credit to members who retire during a designated period; and
WHEREAS, the City must certify that it is its intention that if any early retirements are
granted after receipt of service credit pursuant to Section 20903, that any vacancies created or at least
one vacancy in any position in any department or other organizational unit shall remain permanently
unfilled, thereby resulting in an overall reduction in the workforce of the department or organizational
unit; and
WHEREAS, this benefit needs to be implemented as soon as possible to avoid possible
detrimental financial consequences to the City.
The City Council of the City of Chula Vista does ordain as follows:
Section 1. That an amendment to the contract between the City Council of the City of Chula
Vista and the Board of Administration, California Public Employees' Retirement System to provide
Section 20903 (two years) to local miscellaneous and safety members is authorized by this Ordinance.
A copy of the amendment is attached and marked as Exhibit A, and by this reference is made a part of
the Ordinance.
Section 2. The Mayor of the City of Chula Vista is hereby authorized, empowered, and
directed to execute the amendment for and on behalf of the City.
Section 3. Pursuant to Section 311 of the Chula Vista Charter, the City Council hereby
declares that this Ordinance shall be effective immediately as an urgency measure upon its first
reading and adoption if it passes by a four-fifth's vote of the City Council. This Ordinance shall
expire when Ordinance No. 3084 takes full force and effect.
Presented by
Approved as to Form by
Marcia Raskin
Human Resources Director
~C\r.J \f\cu-4ill-
Ann Moore
City Attorney
3-4
CITY COUNCIL
AGENDA STATEMENT
ITEM TITLE:
~1::.. CITY OF
"'" -<: .~ (HULA VISTA
1/1~/o1 "-/..... 1-
111J'!Cl.Itt:i'. Item_
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND A WARDING A
CONTRACT FOR THE "SIDEWALK REPLACEMENT AT
VARIOUS LOCATIONS WITlllN THE CITY OF CHULA VISTA
,
CALIFORNIA FISCAL YEAR 2008-JY065N (CIP #GTSW08)"
PROJECT TO MJC CONSTRUCTION IN THE AMOUNT OF
$63,379, WAIVING COUNCIL POLICY 574-01, AND
AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE
FUNDS IN THE PROJECT
DIRECTOR OF ENGINEERING AND GENERAL SERVICEStJ~
CITY MANAGER 'tJ(re fi;cD&
ASSISTANT CITY MANAGER ~
4/5THS VOTE: YES D NO IZJ
SUBMITTED BY:
REVIEWED BY:
BACKGROUND
On October 10, 2007, the Director of Engineering and General Services received sealed bids for
the "Sidewalk Replacement at Various Locations within the City of Chula Vista, California FY
2008-JY065N" project. The project was included in the budget to remove and replace curbs,
gutters, sidewalks, and driveways displaced by differential settling, tree roots, etc., on various
City streets.
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 2 Categorical Exemption pursuant to Section 15302 (Replacement or Reconstruction)
of the State CEQA Guidelines because the proposed sidewalk improvements involve the
replacement of existing facilities with new facilities in the same location and of substantially the
same purpose and capacity. Thus, no further environmental review is necessary.
RECOMMENDATION
That Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
4-1
10/23/07, Item )
Page 2 of 4
DISCUSSION
On October 10, 2007, the Director of General Services received sealed bids for the "Sidewalk
Replacement at Various Locations within the City of Chula Vista, California FY 2008-JY065N"
project. The work consists of the removal and replacement of displaced curbs, gutters,
sidewalks, curb inlets, and driveways. The work includes excavation and grading, PCC
sidewalks, driveways, curbs & gutters, asphalt concrete pavement, removal and disposal of
existing improvements, traffic control, protection and restoration of existing improvements, other
miscellaneous work, and all labor, material, equipment, and transportation necessary for the
project. The annual Public Works Operations Street Maintenance budget includes funds for this
project. This contract covers the FY 2007-08 maintenance budget. Engineering staff prepared
plats, specifications, and advertised the proj ect.
The City received bids from five (5) contractors as follows:
CONTRACTOR BID
MJC Construction, Bonita, CA $63,379.00
Tri-Group Construction, Poway, CA $69,715.00
Koch-Armstrong, Lakeside, CA $82,883.35
Team C Construction, El Cajon, CA $85,166.00
Kirk Paving, Inc., Lakeside, CA $99,280.68
The low bid by MJC Construction is below the Engineer's estimate of $93,995.00 by $30,616.00
or 33%. MJC Construction has previously completed many capital improvement projects in the
city. Staff has contacted the references provided by the contractor. Staff has reviewed the low
bid and recommends awarding the contract to MJC Construction of Bonita, CA, for $63,379.00.
Attachment "A" shows the specific work to be done at each location and approximate quantities
of sidewalk, curb, gutter, and driveway to be installed. Approximately 5% of proposed work is
in the Montgomery area, 78% west ofI-805 but not in Montgomery, and 17% east ofI-805.
Tonight's resolution also authorizes the expenditure of the available contingencies for the
project. According to City Council Policy No. 574-01, if a change order exceeds the 'cumulative
contract change order aggregate amount allowable to be approved by the Director of Public
Works Operations, City Council approval is required. However, approval of tonight's resolution
will increase the Director of Public Works Operations' authority to approve change orders as
necessary up to the total contingency amount and funds available in the project. Authorization to
expend all available funds will allow us to remove and replace as many damaged concrete
improvements as possible using the available funds in the project. According to City Council
Policy No. 574-01, if a change order exceeds the cumulative contract change order aggregate
amount allowable to be approved by the Director of Public Works, City Council approval is
required. That amount totals $6,337.90. However, approval of tonight's resolution will increase
the Director of Public Works authority to approve change orders as necessary up to the
contingency amount of $31,621.00, an increase of $25,283.10 and authorize staff to expend all
available contingencies and increase the value of the contract as necessary due to unforeseen
circumstances. Unforeseen circumstances (i.e. poor subgrade, utility conflicts, increase of
quantities, etc.) may cause an increase in quantities beyond what was anticipated during the
4-2
----1
10/23/07, Item~
Page 3 of3
preparation of the project specifications. In addition, the contract includes additional locations,
which can be included with the contract, should funds become available in the project.
Disclosure Statement
Attachment "B" is a copy of the contractor's Disclosure Statement.
Wage Statement
The source of funding for this project is Gas Tax Funds. Contractors bidding this project were
not required to pay prevailing wages to persons employed by them for the work under this
project. Disadvantaged businesses were encouraged to bid through the sending of the Notice to
Contractors to various trade publications.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that the decision
concerns repairs, replacement, or maintenance of existing streets or similar facilities and,
therefore, there is not a material financial effect of the decision on the property holdings of the
City Council Members pursuant to California Code of Regulations sections 18704.2(b)(2) and
18705.2(b)(I).
FISCAL IMPACT
There is no fiscal impact as the funds for this project were appropriated to the Public Works
Department's operating budget.
FUNDS REOUlRED FOR CONSTRUCTION
A. Contract Amount $63,379.00
B. Contingencies (with additional locations) $25,621.00
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $89,000.00
FUNDS AVAILABLE FOR CONSTRUCTION
A. Street Maintenance Budget (16731-6401) $89,000.00
.
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $89,000.00
The General Fund will offset staff costs for design and inspections, estimated at $20,000.00. The
contract amount of $63,582.00 plus the contingencies and remaining funds in the project results
in a total construction cost of $89,000.00.
Upon completion of the project, the improvements will reqUIre only routine City street
maintenance.
ATTACHMENTS
A - Table - Location of Work
B - Contractor's Disclosure Statement
Prepared by: Jeff Moneda, Sr. Civil Engineer. Engineering and General Services Department
M:\General Services\GS Administration\Council Agenda\JY065\JYO~ewalk Rehab Award Al13 Oct 2007 jcmjg revised fina1.doc
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4-8
-,',TTACHMENT ~
THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action
by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of
certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista
election must be filed. The following information must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
-JAViEI2 JIMENE."'Z..
2. If any person" identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals with a $1000 investment in the business (corporation/partnership) entity.
JAvJE:JZ. ~IHENE:'Z.
3. If any person" identified pursuant to (I) above is a non-profit organization or trust, list the names
of any person serving as director of the non-profit organization or as trustee or beneficiary or
trustor of the trust.
t\.J It>..
t
4. Please identify every person, including any agents, employees, consultants, or independent
contractors you have assigned to represent you before the City in this matter.
~^\J jEja.. ;:r, I"'lE NI'" 'Z-
14
M:\GENERA-1\DESI GN\JY065NUY065N-CONTRACT.DOC
4-9
5. Has any person' associated with this contract had any financial dealings with an official" of the
City of Chula Vista as it relates to this contract within the past 12 months? Yes --,-- No X
If Yes, briefly describe the nature of the financial interest the official" may have in this contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current
member of the Chula Vista City COlUlcil? Yes No Y If Yes, which Council member?
7. Have you or any member of your governing board (i.e. Corporate Board of DirectorslExecutives,
non-profit Board of Directors made contributions totaling more than $1,000 \lver the past four (4)
years to a current member of the Chula Vista City Council? Yes_No Y If Yes, which
Council member?
8. Have you provided more than $300 (or an item of equivalent value) to an official" of the City
of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to
retire a legal debt, gift, loan, etc.) Yes _ No V If Yes, which official" and what was
the nature of item provided? .
Date: Itl-ID-07
d~~
SIgnature of Contractorl Applic
-TAVIe.p- :::I"fHEI'-lE7-
Print or type name of Contractorl Applicant
· Person is defmed as: any individual, linn, co-partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality,
district, or other political subdivision, -or any other group or combination actiog as a unit
., Official includes, but is not limited to: Mayor, Council member, Planning Commissioner,
Member ofa board, commission, or committee of the City, employee, or staff members.
15
M:\GENERA-1\DESIGN\JY065N\JY065N-CONTRACT.DOC
4-10
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND- AWARDING THE
CONTRACT FOR THE "SIDEWALK REPLACEMENT AT
V ARlOUS LOCATIONS WITHIN THE CITY OF CHULA
VISTA, CALIFORNIA FY 2008-JY065N" PROJECT TO MJC
CONSTRUCTION IN THE AMOUNT OF $63,379.00,
WAIVING COUNCIL POLICY 574-01, AND AUTHORIZING
THE DIRECTOR OF PUBLIC WORKS TO EXPEND ALL
AVAILABLE FUNDS FOR THE PROJECT
WHEREAS, on October 10, 2007, the Director of Engineering and General Services
received sealed bids for the "Sidewalk Replacement at Various Locations within the City of
Chula Vista, California FY 2008-JY065N" project (the Project); and
WHEREAS, the City received bids from five (5) contractors as follows:
CONTRACTOR BID
MJC Construction, Bonita, CA $63,379.00
Tri-GrouD Construction, Powav, CA $69,715.00
Koch-Armstrong, Lakeside, CA $82,883.35
Team C Construction, EI Caion, CA $85,166.00
Kirk Paving, Inc., Lakeside, CA $99,280.68
WHEREAS, the low bid by MJC Construction for $63,379.00 is below the Engineer's
estimate of$93,995.00 by $30,616.00, or 33 percent; and
WHEREAS, MJC Construction has done several capital improvement projects in the
City, and its work has been satisfactory; and
WHEREAS, there is currently $89,000 in the Street Maintenance budget (16731-6401)
which is composed of gas tax funds to fund this Project; and
WHEREAS, pursuant to Council Policy 574-01, the City Council shall consider all
change orders involving changes in the scope of the project, increases of contract amounts
greater than 10 percent for contracts up to $100,000, or aspects concerning the public health,
safety, or welfare; and
WHEREAS, staff recommends that the City Council waive Council Policy 574-01 to
give the Director of Public Works the authority to approve change orders as necessary to expand
the scope of the Project and expend all the funds available for the Project.
4-11
Resolution No. 2007-
Page 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista
as follows:
I. That it accepts bids and awards the contract for the "Sidewalk Replacement at
Various Locations within the City of Chula Vista, California FY 2008-JY065N"
project to MJC Construction in the amount of $63,379.00.
2. That it waives Council Policy 574-01 and authorizes the Director of Public Works to
expand the scope of the Project and expend all available funds for the Project.
Presented by
Approved as to form by
Jack Griffin
Director of Engineering and General Services
(A -yy(~
Ann Moore
City Attorney
H:\ENGINEER\RESOS\Resos2007\10-23-07\GTSW08 Reso for Award revised by ec.doc
4-12
CITY COUNCIL
AGENDA STATEMENT
~f::. CITY OF
- - - - (HUlA VISTA
illig /0-7
1~7,Item "&. 5
"
ITEM TITLE:
RESOLUTION APPROVING THE FINAL MAP OF
CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11,
PORTIONS OF NEIGHBORHOODS MU-l AND R-19
DIRECTOR OF ENGINEERING AND GENERAL SERVICES~
.J
CITY MANAGER~ j.r7XT
ASSISTANT CITY MANAGER <=7)
4/5THS VOTE: YES D NO [g]
SUBMITTED BY:
REVIEWED BY:
BACKGROUND
On November 14, 2006, City Council approved Final Map No. 15479 consisting ofOtay Ranch
Village 11 Neighborhoods MU-1 and R-19. That Map resulted in one commercial lot (Lot 3),
one mixed-use lot (Lot 2), one residential condominium lot (Lot 1) and three lettered open space
lots along Eastlake Parkway. Tonight, City Council will consider the approval of a Final Map
for portions of neighborhoods MD-1 and R-19, of Otay Ranch Village 11 (Lot 1 of Map 15479)
(see Exhibit 1). This will result in two condominium lots, although one lot will be used for
affordable housing and rented for the foreseeable future.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act and has determined that the Final Map was adequately
covered in previously adopted Final Second Tier EIR (EIR 01-02), for the Otay Ranch General
Plan Amendments/Village 11 Sectional Planning Area Plan, and Conceptual Tentative Map.
Thus, no further environmental review or documentation is necessary.
RECOMMENDATION
Council adopt the Resolution approving the Final Map for Chula Vista Tract No. 01-11, Otay
Ranch Village 11, portions of neighborhoods MD-1 and R-19.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
Otay Ranch Village 11, with the marketing name of "Windingwalk," is generally located south
of Olympic Parkway, east of Eastlake Parkway and north of Hunte Parkway (see Exhibit 2). On
October 23, 2001 by Resolution 2001-364, Council approved the Village 11 tentative map
5-1
---,-----
10/23/07, ItemL
Page 2 of3
(Chula Vista Tract No. 01-11). Neighborhoods MU-l and R-19, within Village 11, are located
east of East lake Parkway south of Birch Road and north of Crossroads Street (see Exhibit 3). On
November 14, 2006 by Resolution 2006-336 Council approved Map No. 15479 subdividing
Neighborhoods MU-l and R-19 into three lots for Condominiums, Commercial Mixed-use, and
three open space lots (see Exhibit 3).
In connection with Final Map No. 15479, the City and Brookfield Shea Otay, LLC
("Brookfield") entered into a Subdivision Improvement Agreement ("SIA") and a Supplemental
Subdivision Improvement Agreement ("SSIA"). Brookfield is the parent company of the current
property owner, Winding Walk Residential, LLC ("Winding Walk"). The SIA and SSIA were
recorded with the County Recorder's office and are binding on Winding Walk.
The Final Map now before Council for consideration and approval will divide the condominium
lot (Lot! of Map No. 15479) into two lots (see Exhibit 1). Lot 1 will have a maximum of 147
for-sale condominium units, of which 115 will be affordable to moderate income buyers. Lot 2
will have a maximum of 92 condominium units owned and operated by Chelsea as affordable to
low income rental units. The combined 207 units satisfies the Windingwalk moderate and low
income affordable housing obligations, per the Affordable Housing Regulatory Agreement,
approved on August 22, 2006 by Resolution No. 2006-263 and recorded December 1,2006, as
Document No. 2006-0855757.
A subsequent amendment to the Affordable Housing Regulatory Agreement approved on August
7,2007 by Resolution No. 2007-209 allows the developer to fulfill the low income requirements
set forth in the Master Affordable Housing Agreement through 92 low-income rental units.
The Project's Homeowners' Association (HOA) will maintain all private improvements
including the streets and storm drains with the exception of the eight-inch sewer mains within
Lots 1 and 2 of said subdivision which are publicly maintained.
Subdivision Improvement Agreement (SIA)
The developer has complied with the Municipal Code as it relates to bonding subdivision
improvements with the previous Map approved by Resolution 2006-336.
Parks
All required PAD fees have been collected for this Final Map.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the boundaries of the property which is the subject of this action.
FISCAL IMPACT
None to the General Fund. All staff costs associated with processing ofthe improvement plans,
final maps and associated agreements will be reimbursed from the developer's deposits.
5-2
10/23/07, Item--6-
Page 3 of 3
ATTACHMENTS:
Exhibit 1 Plat ofOtay Ranch Village 11 Portions of Neighborhood MU-1 and R-19
Exhibit 2 Plat of Otay Ranch Village 11
Exhibit 3 Plat ofOtay Ranch Village 11 Neighborhood MU-1 and R-19
Exhibit 4 Developer's Disclosure Statement
Prepared by: Mario Ingrasci, Associate Civil Engineer, Engineering and General Services Dept.
M:\EngineerIAGENDAICAS2007\lO-23-07\CAS-Por MU-IR-19 F-II-JDSM Redline2.doc
5-3
CHULA VISTA TRACT NO. 01-11
OTAY RANCH - VILLAGE. 11
PORTIONS OF NEIGHBORHOODS MU -1 AND R-19
EXHIBIT 1
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SURVEYING PH(B58)S5&4500. FX(8S8)S58-1414
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EXHIBIT 2
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5-5
EXHIBIT 3
CHULA VISTA TRACT NO. 01-11
OTAY RANCH
VILLAGE 11 NEIGHBORHOODS MU-1 AND R-19
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5-6
EXHIBIT 4
Disclosure Statement
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council,
Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial
interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information
must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the application or the
contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
\td~"~ ~d, tLC ~~,?t,ili ~~~~ LL~
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2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with
a $2000 investment in the business (corporation/partnership) entity.
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,
3. If any person' identified pursuant to (1) above is a non-profit organization or trust, list the names of any person
serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
W/A
4. Please identify every person, including any agents, employees, consultants, or independent contractors you have
assigned to represent you before the City in this matter.
~~~r ~~f~+~ , '~I~~e P.~
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('''>"h("'''' JT"', ,-,'-J-./ __ _ . ..;_~~" l::h~e\l'\~-e;-..s'
5. Has any person' associated with this contract had any financial dealings with an official- of the City of Chula
Vista as it relates to this contract within the past 12 months. Yes_ No_
NO
if Yes, briefiy describe the nature ofthe financial interest the official- may have in this contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the
Chula Vista City Council? No _ Yes _If yes, which Council member?
~
5-7
7. Have you provided more than $340 (or an item of equivalent value) to an official- of the City of Chula Vista in the
past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.)
Yes No
If Yes, which official- and what was the nature of item provi
Date: \0 h.J c,'"
. ,
""'-
gnature- ontractor/Applicant
~ld-y~e..1 L B re.~
Print or type name of Contractor/Applica
.
Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization. corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other
political subdivision, -or any other group or combination acting as a unit.
-
Official includes, but is not limited to: Mayor, Council member, Chula Vista Redevelopment Corporation member,
Planning Commissioner, member of a board, commission, or committee of the City, employee, or staff members.
September 8, 2006
5-8
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FINAL MAP OF CHULA
VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11,
PORTIONS OF NEIGHBORHOODS MU-l AND R-19
WHEREAS, on November 14, 2006, the City Council approved Final Map No. 15479
consisting of Otay Ranch Village 11 Neighborhoods MU-l and R-19, resulting in one
commercial lot (Lot 3), one mixed-use lot (Lot 2), and one residential condominium lot (Lot 1);
and
WHEREAS, the City and Brookfield Shea Otay, LLC ("Brookfield") entered into a
Subdivision Improvement Agreement ("SIA") and a Supplemental Subdivision Improvement
Agreement ("SSIA") in connection with Final Map No. 15479; and
WHEREAS, Brookfield Brookfield is the parent company of the current property owner,
Winding Walk Residential, LLC ("Winding Walk"); and
WHEREAS, the SIA and SSIA were recorded with the San Diego County Recorder's
Office and are binding on Winding Walk; and
WHEREAS, Winding Walk has submitted a final map for Village 11 which will divide
Lot 1 into two lots, affecting portions of Neighborhoods MU-l and R-19, (the "Final Map"); and
WHEREAS, Brookfield entered into an Affordable Housing Agreement with the City of
Chula Vista, approved by Resolution No. 2006-263, requiring that a portion for Neighborhoods
MU-l and R-19 shall be used for said Affordable Housing ("Affordable Housing Agreement");
and
WHEREAS, the Affordable Housing Agreement, was recorded on December 1, 2006, as
Document No. 2006-0855757, and is binding on Winding Walk; and
WHEREAS, the Final Map will divide Lot 1 into two lots: (i) one lot will have a
maximum of 147 for-sale condominium units, of which 115 will be affordable to moderate
income buyers; and (ii) one lot will have a maximum of 92 condominium units owned and
operated by Chelsea as affordable to low income rental units, satisfying the Winding Walk
moderate and low income affordable housing obligations, pursuant to the Affordable Housing
Agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby finds that certain map survey entitled Chula Vista Tract 01-11, Otay Ranch Village
11 Portions of Neighborhoods MU-l and R-19 is made in the manner and form prescribed by
law and conforms to the surrounding surveys; and that said map and subdivision of land shown
thereon is hereby approved and accepted. The map is more particularly described as follows:
H:\ENGINEER\RESOS\R.esos2007\10-23-07\Reso Por MU.l R-191-JDSMRevised.doc 5 - 9
Resolution No. 2007-
Page 2
Being A Subdivision of Lot 1 ofChula Vista Tract No. 01-11 Otay
Ranch Village 11 Neighborhoods MU-l and R-19, According To
Map Thereof No. 15479, filed in the office ofthe County Recorder
on November 22, 2006, in the City of Chula Vista, County of San
Diego, State of California.
Area: 12.144 Acres
Numbered Lots: 2
Open Space Lots: 0
No. of Lots: 2
Lettered Lots: 0
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit said
map to the Clerk of the Board of Supervisors of the County of San Diego.
Presented by
Approved as to form by
Jack Griffin
Director of Engineering and General Services
H'\ENGINEER\RESOS\Resos2007\IO-23-07\Reso Por MU-l R-191-JDSM Rcvised.doc
. 5-10
CITY COUNCIL
AGENDA STATEMENT
ITEM TITLE:
:$}\I~ CIIYOF
"A..€~ (HULA VISTA
"7 'Gl (p
1 07 Item ~ .
FY 2006-2007 ANNUAL FINANCIAL STATUS REPORT
SUBMITTED BY:
DIRECTOR OF FINANCEfTREASURER .il ~k
~'
CITY MANAGER '. 1\
· 415THS VOTE: YES D NO 0
BACKGROUND I
This report is provided in order to meet the City Charter requirement of publishing the
City's Combined Statement of Revenues, Expenditures and changes in Fund Equity
(Attachment D) in the local newspaper within 120 days of the close of the fiscal year.
The statement is scheduled for publication in the October 26th issue of The Star News,
which is the City's adjudicated newspaper of general circulation.
REVIEWED BY:
ENVIRONMENTAL REVIEW
Not Applicable
RECOMMENDATION
That Council accept the report.
BOARDS/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
This report is provided in order to meet the City Charter requirement of publishing the
City's Combined Statement of Revenues, Expenditures and changes in Fund Equity
(Attachment D) in the local newspaper within 120 days of the close of the fiscal year.
The statement is scheduled for publication in the October 26th issue of The Star News,
which is the City's adjudicated newspaper of general circulation.
6-1
We will provide the Council with a complete report of fiscal year 2006-07 financial data
upon presentation of the City's audited Comprehensive Annual Financial Report.
The General Fund began fiscal year 2006-07 with an available fund balance or reserve
of $14.9 million. We are projecting that the ending available fund balance for fiscal year
2006-07 to be approximately $10.4 million, which is a $4.5 million reduction from the
previous year. Available fund balance or reserve is generally defined as the balance of
resources currently available for appropriation and therefore, does not include legally
required reserves, designations for capital improvement projects or reserves for
encumbrances or advances.
Actual Expenditures and Transfers-Out for the year amounted to $166.1 million,
supported by Actual Revenues and Transfers-In of $161.6 million, a net effect
(decrease) to available fund balance of $4.5 million. Schedules A and B are summary
statements of actual revenues and expenditures for fiscal year 2006-07.
The fiscal year 2006-07 Council
Adopted General Fund budget totaled
$170.1 million. The mid-year
appropriations of approximately $2.7
million with offsetting revenues of $2.2
million for a net cost to the General
Fund of $0.5 million were approved
during the fiscal year. The General
Fund net cost appropriations were the
Fire Department overtime ($450,000),
approval of the City's share of a park
ranger station in the Otay Valley
Regional Park ($100,000), two charter
amendments on the November 2006
elections ballot ($50,000) and the
costs incurred for administering a special municipal election ($39,682). The closure of
several General Fund capital improvement projects ($164,267) partially mitigated the
net costs of those amendments. Schedule C provides a complete listing of all budget
amendments approved for the 2006-07 fiscal year.
The graph displays the end of year
reserve balances compared to prior
years. The available fund balance has
decreased from 8.8% to 6.3% of the
General Fund budget, which is below
the Council Policy reserve level of 8
percent.
Fund Balance Reserves
July 1
(with 8% Reserve Trendline)
$35
$31.2
$30
$23.7 $25.1
$25
$20.6
" $20
c:
~
:E $15
$10
$5
$0
01/02 02/03 03104 04/05 05/06 06/07 07/08
Fiscal Year
Attachment D is an unaudited Summary Report of Revenue, Expenditures, and
Changes in Fund Equity (excluding the Redevelopment Agency, Trust Funds and the
6-2
Public Financing Authority) for the fiscal year ended June 30, 2007. Please note that
the column titled "General Funds" includes not only the General Fund, but also other
Funds such as self-insurance reserves, which are combined with the General Fund for
financial reporting purposes. As required by Charter Section 504 (f), this statement will
be published in the local newspaper as discussed above.
Total Fund Balance for all Funds (excluding Trust Funds, Redevelopment Agency and
the Public Financing Authority), including legally required reserves and other
reservations of Fund Balance, decreased by $18.6 million or 8.2% during fiscal year
2006-07 to $209.3 million. The overall decrease is due to a variety of transactions
occurring in the various funds as presented in Attachment D. A full analysis of the City's
various funds will be provided in the Management's Discussion and Analysis section of
the Comprehensive Annual Financial Report.
The detailed data supporting this information is quite voluminous, but is available at
your request. The published Comprehensive Annual Financial Report (CAFR) including
the opinion of the independent auditors should also be available within the next forty-
five to 60 days and will be provided to Council.
Schedule E provides a complete listing of all budget adjustments between summary
accounts approved by the City Manager in accordance with Council Policy 220-02
"Financial Reporting and Transfer Authority" during fiscal year 2006-07.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by accepting this report and has
determined that it is not site specific and consequently the 500 foot rule found in the
California Code of Regulations section 18704.2(a)(1) is not applicable..
FISCAL IMPACT
Acceptance of this report has no effect on the General Fund.
ATTACHMENTS
Schedule A - General Fund Revenue
Schedule B - General Fund Expenditures by Department
Schedule C - General Fund Budget Amendments
Schedule D - Combined Statement of Revenues, Expenditures and Changes in Fund
Equity
Schedule E - General Fund Budget Transfers
Prepared by: Phillip Davis, Assistant Director of Finance, Finance Department
Lisa Partee, Fiscal Services Analyst, Finance Department
6-3
SCHEDULE A
GENERAL FUND REVENUES
Summary by Revenue Category
as of June 30, 2007
AMENDED ACTUAL PERCENT
REVENUE TYPE BUDGET TO DATE REALIZED
Property Taxes $26,999,041 $26,667,759 98.8%
Other Local Taxes
Sales 30,997,040 28,827,392 93.0%
Franchise 11,368,337 8,813,064 77.5%
Transient Occupancy 2,581,975 2,551,570 98.8%
Utility Users 8,030,681 6,981,762 86.9%
Business License 1,175,429 1,183,755 100.7%
Other 2,711,465 1,477,160 54.5%
Total Other Local Taxes 56,864,927 49,834,703 87.6%
Licenses & Permits
Building, Plumbing, Electrical 3,678,859 2,066,769 56.2%
Other 602,876 663,765 110.1%
Total Licenses & Permits 4,281,735 2,730,534 63.8%
Fines, Forfeitures & Penalties 1,462,125 1,315,262 90.0%
Revenue from Use of Money & Property 2,550,687 2,355,304 92.3%
Revenue from Other Agencies
State Motor Vehicle License Fees 17,864,139 17,676,035 98.9%
Police Grants 3,946,298 3,522,222 89.3%
Other 3,731,205 3,734,018 100.1%
Total Revenue from Other Agencies 25,541,642 24,932,275 97.6%
Charges for Current Services
Development-reiated Services 11,446,550 10,522,871 91.9%
Other Charges 6,260,498 5,736,215 91.6%
Total Charges for Current Services 17,707,048 16,259,086 91.8%
Other Revenues
Reimbursements from Other Funds 15,925,340 16,317,885 102.5%
Other 2,073,255 2,471,930 119.2%
Total Other Revenues 17,998,595 18,789,815 104.4%
Transfers-In 18,850,749 18,679,982 99.1%
TOTAL REVENUES & TRANSFERS-IN $172,256,549 $161,564,720 93.8%
6-4
SCHEDULE 8
GENERAL FUND
Expenditure Status by Deparbnent
as of June 30, 2007
,.. Amended Actual Outstanding Total Expendttures Available
De arbnent Bud et Ex: enditures Encum brances and Encumbrances Balance
Legislative and Administrative
City Council 1,638,747 1,510,112 3,000 1,513,112 125,635
Boards and Commissions 14,252 11,448 0 11,448 2,804
City Clerk 1,196,231 1,163,628 2,666 1,166,484 28,747
City Attorney 2,723,608 2,721,778 0 2,721,778 1,830
Administration 3,986,459 3,492,915 6,295 3,499,210 487,249
Information Technology Services 4,461,887 4,198,060 4,500 4,202,550 259,337
Human Resources 5,382,264 5,129,410 318 5,129,728 252,536
Finance 3,205.939 2,978.029 419 2.978,448 227,491
Total Legislative and Administrative 22,608,387 21,205,370 17,388 21,222,758 1,385,629
Non-Departmental 3,561,591 3,601,001 25,058 3,626,059 (64,468)
Development & Maintenance Services
General Services 11,017,212 10,796,937 8,975 10,805,912 211,300
Community Development 3,954,618 3,649.381 19,405 3,668.786 285,832
Planning and Building Services 10,616,759 10,075,239 0 10,075,239 541,520
Engineering 7.908,040 6,573,576 13,231 6,586,807 1.321.233
Public Works 21,372,349 20,900,377 495 20.900,872 471,477
Total Development & Maintenance Services 54,868,978 51,995,510 42,106 52,037,616 2,831,362
Public Safety
Police 51,315.246 49,625,580 100 49,625,680 1,669,566
Fire 23,586.746 22.718239 199,521 22,917,760 668.986
Total Public Safety 74,901,992 72,343,819 199,621 72,543,440 2,358,552
Culture and Leisure
Recreation 7,043,087 6.168,133 0 6,168,133 874,954
Library 10,393,439 9,642,064 35,660 9,677,724 715,715
Nature Center 1.194.857 1.100.507 0 1.100.507 94,350
Total Culture and Leisure 18,631,383 16,910,704 35,660 16,946,364 1,685,019
Total General Fund $174,572,331 $166,056,404 $319,833 $166,376,237 $8,198,094
*lncludes $1.8 million in budget carrryovers for encumbrances and CIP projects.
6-5
SCHEDULE C
Fiscal Year 2006-07
General Fund Budget Amendments
Per Council Resolutions
Est Add'l Add'l General Fund
Description Revenues Approp Net Impact
One-time grant from the Dept. .of Alcoholic Beverage Control (ABC Grant) $88,048 $88,048 $0
PaM< ranger station and facilities for the Otay Valley Regional PaM< $0 $100,000 ($100,000)
Costs for inclusion on the ballot of two proposed charter amendments $0 $50,000 ($50,000)
Reimbursement for special event services for the seventh Annual atay Ranch Day $1,381 $1,381 $0
Contribution towards the cost of defibrillators for Chuta Vista schools $0 $27,000 ($27,000)
Grand fundIng (UASI 03 Part H) for first responder decontamination Equip. & Truck $46,303 $48,303 $0
Community donations in support of Fire Dept. ceremony and recognition event $6,540 $6,540 $0
Office of Traffic Safety Grant to fund staff, equip. & materials for STEP prog. $199,303 $199,303 $0
rtif8t.of::1St~~B~EIt~~~.~:;1~~d:~i*Ml'~J':;W':';~~1:F~*~),XrrA~':~ii~:~-:~~;:j~J]r(<;:t~,,: ',,;:;t, c ~~~1\;;;;,i$34t;S15" ;; ;!,,;f;'i~1$;~ ';"",;'t$.~ftful~l
,., '.-~,"
State contract with Police Dept. for In Custody Drug Treatment Program (ICDTP) $400,046 $400,046 $0
Reimbursement from Allied Waste for a public education booklet $30,304 $30,304 $0
Dept. of Education Even Start Family Literacy Program grant $5,833 $5,833 $0
Gates Foundation Public Access Computer Hardware Upgrade grant (PAC HUG) $39,000 $39,000 $0
One-time augmentation to the Public Library Fund (PLF) grant $57,807 $57,807 $0
Addition of two California Border Alliance Group (CBAG) funded positions $164,379 $159,591 $4,788
Agreement with Southwestern Community College for in-service training prog~m $15,000 $15,000 $0
Donations to the Animal Care Facility $4,767 $4,767 $0
Grant from the San Diego County Law Enforcement Foundation (SDCLEF) $3,900 $3,900 $0
i1fti't~$a~Qdarte~i~~:~t~:r~sV&::'~F~Y-;&~~';';~0:'A~:j:t;;:"~!::::~;6t;;l '~'.', ;"C;'_"" "-,,,.,,.,,:, -t:~"i ',7~1l36' /~;}S(~;:' Im~24a: ;"'>ei',i':' '.<\.';'$:4,taa
'>-'f, """. '",~,'".-"- "<;ir'
MOU with Hilltop Middle School for extended after.school program hours $6,000 $6,000 $0
MOUwith Castle Park. Middle School for extended after.school program hours $6,000 $6,000 $0
MOU with Chula Vista Middle School for extended after-school program hours $14,011 $14,011 $0
MOU with YMCA for provision of after.school program hours at middle schools $8,370 $8,370 $0
Donation to Library to be used to purchase books and DVDs $55,000 $55,000 $0
Addition of one Latent Print Examiner position $92,102 $92,102 $0
Donation to Fire Dept to be used to purchase equip., supplies, and repairs to facilities $116,000 $116,000 $0
Reimb. to Fire Dept from various agencies used to offset overtime/contractual costs $210,083 $210,083 $0
Telecom site lease revenue to be used for improvements/upgrades at McCandliss Park. $120,014 $120,014 $0
HIDTA program funds to be used to purchase monitoring and surveillance equipment $205,670 $199,680 $5,990
Fire Department overtime costs $0 $450,000 ($450,000)
Donation to Fire Dept to be used to purchase rescue related equipment $12,480 $12,480 $0
:_f~:9i_jttt;~liilij~get~1i~~Jt~,~~~t~~:;S~i~~;~f:~~~(!:-\~2;,y{ri';,'; ::'/S.'; ,.~:lr ';~c,. ;"'-'"'' . \~,;,~1~,.;$jij5~0} ;~j?,;,;$.1~llS;~~ jir%;,(WJ(6,fO)
',""', ~/":;;'
Funds from Office of Traffic Safety for Click It or Ticket Program $65,000 $85,000 $0
Donations for the Animal Care Facility $2,453 $2,453 $0
Met ute Foundation Fit for Life grant $3,750 $3,750 $0
Addition of three CBAG positions $61,427 $59,638 $1,789
Costs for special municipal election $0 $39,682 ($39,682)
Reimbursement for Fire Department overtime and support costs $138,776 $138,776 $0
Donations for the Animal Care Facility $2,086 $2,086 $0
CIP closures $0 ($184,267) $164,267
J:o'i>>l ...xi,>i;.<;ci" i;i;;'1;i"$~Il,;~tf
Year to Datel
$2.181,833
$2.671,681
($489,848)1
6-6
SCHEDULE D
City of Chula Vista
Combined Summary Statement of Revenues, Expenditures and Ol.anges in Fund Equity
Year Ended June 30, 2007 - Unaudited
Total General Special Debt Service Capital Enterprise Internal
AJlFunds Funds Revenue Funds Funds Project Funds Funds Service Funds
Total Fund Equity June 30, 2006 $ 229,598,698 $ 39,885,953 $ 70,246,393 $ (14,193,384) $ 120,853,183 $ 7,040,813 $ 5,765,740
Revenues 2006-2007
Taxes 80,886,093 77,282,443 3,210,000 393,650
Intergovernmental Revenues 39,808,099 24.152.316 9,786,599 2,191,581 3,677,603
Licenses & Permits 2,870,424 2,730,534 139,890
Developer Fees 11,650,273 11,650,273
Charges for Current Services 60,442,700 16,259,086 35,047,814 1,335,443 2,433,008 5,367,349
Fines, Forfeitures & Penalties 2,226,822 1,315,262 911,560
Use of Money & Property 11,858,153 2.,.355,304 2,709,179 60 6,547,148 148,722 97,740
Other Revenues 23,706,312 21,970,469 485,827 948,366 150,980 150,670
Total Revenues 233,448,876 146,065,414 52,290,869 60 23,066,461 6,410,313 5,615,759
Transfers In 23,093,205 18,679,982 1,060,113 2,792,205 560,905
Total Revenues and Transfers In 256,542,081 164,745,396 53,350,982 2,792,263 23,627,366 M10,313 5,615,759
Expenditures 2006-2007:
General Government 44,870,454 35,845,324 1,499,106 2,473 716,361 6,807,188
Public Safety 73,243,558 72,343,819 654,044 245,695
Public Works 63,375,385 38,270,890 22,939,644 2,164,851
Parks and Recreation 7,503,259 7,268,640 234,619
Library 9,660,809 9,642,064 18,745
Public Transit 7,434,251 7,434,251
Capital Ouday 36,299,762 400,584 7,439,706 28,459,472
Debt Service:
Principal 1,592,801 1,592,801
Interest and Fiscal Charges 1,610,540 1,610,540
Total Expenditures 245,590,819 163,771,321 32,551,245 3,205,816 31,820,998 7,434,251 6,807,188
Transfers Out (1,875,241) (5,357,771) 14,657,701 (11,110,135) (22,618) (42,418)
Total Expenditures and Transfers Out 243,715,578 158,413,550 47,208,946 3,205,816 20,710,863 7,411,633 6,764,770
Contributed Capital 8,013,381 6,163,047 1,850,334
Retained Earnings - Unreserved 2,512,769 (168,790) 2,681,559
Fund Balances:
Reserved 56,393,814 22,22l,158 21,182,159 3,266 12,987,231
Unreserved:
Designated 93,291,696 3,560,079 1,169,432 88,562,185
Undesignated 49,077,131 9,721,020 54,033,838 (14,677,727)
Total Fund Equity June 30, 2007 $ 209,288,791 $ 35,502,257 $ 76,385,429 $ (14,674,461) $ 101,549,416 $ 5,994,257 $ 4,531,893
The Finance Department of tl.'l.e Oty of O1.ula Vista has compiled the above Statement of Revenues, Expenditures and Ol.anges in Fund Equity
for the year ended June 30, 2007. Such amounts are subject to adjustment tlu-ough the annual audit process which is being performed by an
independent public accounting:firm. This report excludes Trust Funds, the Redevelopment Agency, and the Public Financing Authority.
Maria Kachadoorian, DireCtor of Finance
6-7
Schedule E
General Fund Budget Transfers
Approved by Administration
Fiscal Year 2006-07
De artment
From
To
Ceseri tion
Amount
,t" ;;'~. i:,~~~,ifi:$::8J;~}\'i<~
No transfers this uarter
.'#;;;0;;,~~~~!~1!o;~'{t')1;t::'.:;.r::t$~\~g; ;r-Qfal~Of'2ild:Qu-artEti'tBtJa -, et;Trct:nSfers;'.~, ~;t~:'c,~~::;;itl~):~~~-:d/; :;i~~2Jr.''jy(,'\':!~i:\i5:::''\:i;$lt
Annual audit services
Repair damage to city property
$15,000
$7,500
$15,000
.,.".,- <:::>;:. ,~;':~~~;l~mAOOi
'< ,c
T"
Fire
Finance
General Services
Planning & Bidg
Fire
Public Works
Public Works
Nature Center
Utilities Supplies & Services
Personnel Services Supplies & Services
Capital Supplies & Services
Other Expenses Supplies & Services
Personnel Services Capital
Supplies & Services Capital
Supplies & Services Other Expenses
Personnel Services Ca ;tal
Repair bay doors at station 7
Annual audit services
Medical supplies for Animal Care Facility
Office equipment rental costs
Fire radio communication equipment
Laptop for field crew
Repair damage to city property
To cover cost of resale items
TClf3f!'oNtIl'Quarle.,6\ld etTtllnsfers.',
$15,000
$15,000
$4,700
$15,000
$15,000
$3,250
$2,000
$15,000
:;~~~.g~;;.~;\f{~";i;:f~,~i>;g;;i\\:;~2;j; l,Fg'f~>;;:{}:;',,' :;/ 'e,c". ~,0::;,~(
Year to Datel
$122,450 I
6-8
CITY COUNCIL
AGENDA STATEMENT
~\I~ CITY OF
ifIII. "" (HULA VISTA
NOVEMBER 6, 2007 Item-1-
SUBMITTED BY:
REVIEWED BY:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING FISCAL YEAR 2006-2007
BUDGET IN ACCORDANCE WITH THE BUDGET TRANSFER
DIRECTOR OF FINAN EfTREASURE~
CITY MANAGER
4/5THS VOTE: YES 0 NO D
ITEM TITLE:
BACKGROUND
For government entities, a budget creates a legal framework for spending during the
fiscal year. After the budget is approved there are circumstances, which arise that
could require adjustments to the approved budget. At the close of each fiscal year, the
Finance Department reviews all departmental and fund budgets to ensure that the fund
budget and the departmental summary budget categories (Personnel Services,
Supplies and Services, Other Expenses and Capital) have not been exceeded. For
fiscal year 2006/07, budget adjustments are required for the City Attorney's office and
Police Department.
The Council Policy on Financial Reporting and Transfer Authority indicates that all
departments complete the fiscal year with a positive balance in each budget summary
category (Personnel Services, Supplies and Services, Other Expenses and Capital). In
order to comply with the intent of this policy, the transfers discussed below are
recommended for approval. All recommended General Fund transfers can be done using
existing appropriations.
ENVIRONMENTAL REVIEW
Not applicable.
RECOMMENDATION
That Council approve the resolution amending Fiscal Year 2006-2007 budget in
accordance with the budget transfer.
BOARDS/COMMISSION RECOMMENDATION:
Not applicable.
7-1
NOVEMBER 6, 2007, Item~
Page 2 of2
DISCUSSION
Council Policy 220-02 "Financial Reporting and Transfer Authority" was established in
January of 1996 and indicates that no department shall end the fiscal year with a
negative balance in any budget summary category
In order to comply with the intent of this policy, the transfers discussed below are
recommended for approval. Council has approved similar requests in the past after the
close of the fiscal year.
When considering this request for budgetary transfers it is important to note the
following:
· The transfer requests are for fiscal year 2006/07 and do not affect the current
fiscal year 2007/08 budget.
· All recommended departmental transfers for the General Fund can be
accomplished with existing appropriations and no additional General Fund
appropriations are being requested.
There are two transfer requests being made by this staff report.
The City Attorney's office requires a transfer of $24,000 from the Personnel Services
category to the Services and Supplies category for greater than anticipated
expenditures related to professional services.
The Police Department requires a transfer of $64,000 from the Personnel Services
category to the Supplies and Services category in order to cover greater than
anticipated expenditures related to fleet maintenance expenditures.
Savings realized from the personnel services category of the City Attorney's office
budget and the Police Department's budget, respectively, will be utilized to cover the
unanticipated costs.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it
is not site speCific and consequently the 500 foot rule found in California Code of
Regulations section 18704.2(a)(1) is not applicable to this decision.
FISCAL IMPACT
Savings achieved within existing budgets will cover the recommended transfers
between the General Fund departments.
Prepared by: Phillip Davis, Assistant Director, Finance Department
7-2
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING FISCAL YEAR 2006-2007
BUDGET IN ACCORDANCE WITH THE BUDGET
TRANSFER
WHEREAS, the Council Policy on Financial Reporting and Transfer Authority indicates
that all departments complete the fiscal year with a positive balance in each budget summary
category (personnel Services, Supplies and Services, Other Expenses and Capital); and
WHEREAS, the Council Policy established in January 1996 indicates that no department
shall end the fiscal year with a negative balance in any budget summary category; and
WHEREAS, the City Attorney's office ($24,000) exceeded its budget in the Supplies and
Services category due to higher than anticipated professional services costs; and
WHEREAS, the savings realized in the City Attorney's Personnel Services budget
category exceeded $24,000; and
WHEREAS, Police Department ($64,000) exceeded its Services and Supplies budget due
to additional costs associated with fleet maintenance; and
WHEREAS, the savings realized in the Police Department's Personnel Services budget
category exceeded $64,000; and
WHEREAS, the recommended transfers between the General Fund departments will be
covered by savings achieved within existing budgets.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista amends the City's fiscal year 2006-2007 budget in accordance with the Council Policy on
Financial Reporting and Transfer Authority.
Presented by
Approved as to form by
(
Maria Kachadoorian
Director of Finance
7-3
CITY COUNCIL
AGENDA STATEMENT
November 6, 2007
ItemL
SUBMITTED BY:
Resolution Approving the Memorandum of
Understanding between the City of Chula Vista and
Calvary Christian Academy for the Academy's use of
Cottonwood Park for school activities during the time and
days school is in session
DIRECTOR OF RECREATlO@
DIRECTOR OF PUBLIC W~. D0
CITY MANAGER
ASSISTANT CITY M ~ R "7f
ITEM TITLE:
REVIEWED BY:
. 4/5THS VOTE: YES
NO X
BACKGROUND
Calvary Christian Academy has requested use of Cottonwood Park to hold some of its
physical education classes and sports practices during the current school year. In turn,
the City has requested use of the Academy's parking lot as overflow parking from the
Park during non-school hours. Both the Academy and the City have informally used
each other's facilities for the last two years, and desire to now formalize this "unwritten
agreement", per the proposed Memorandum of Understanding (MOU), attached as
Attachment "A".
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for
compliance with the California Environmental Quality Act (CEQA) and has determined
that there is no possibility that the activity may have a significant effect on the
environment because approval of the agreement does not constitute a change in lan4 use
from the existing land uses; therefore, pursuant to Section 15061(b)(3) of the State CEQA
Guidelines the activity is not subject to CEQA. Thus, no environmental review is
necessary.
RECOMMENDATION
That Council adopt the resolution approving the Memorandum of Understanding between
the City of Chula Vista and Calvary Christian Academy for the Academy's use of
Cottonwood Park during the current school year.
8-1
November 6, 2007, ItemL
Page 2 00
BOARDS/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION .
Calvary Christian Academy (Academy) is a private K-12 school located adjacent to
Cottonwood Park on East Palomar Street. Its current emollment is 400 students.
Cottonwood Park (Park) is a 6.6-acre neighborhood park that contains a multi-purpose
field, softball field, full basketball court, tot lots, picnic tables and shelters, restrooms,
and open green space. The Academy has limited play areas for its students and has
formally requested use of the two fields and basketball court in the Park for its physical
education classes and sports team practices. The Academy is accessible by vehicular
traffic only through the entrance and parking lot of Cottonwood Park Apparently
realizing the size limitations of the Academy site, when the City's Design Review
Committee approved the Academy project in 2002, it placed a condition on the project,
stating that "Any use of the adjacent park shall be approved in advance by the Recreation
Director, and no approval shall be inferred by the school. "
It should be noted that the Park's parking lot is also limited in size, and cannot
accommodate the number of park users on weekday evenings and weekends. The Park is
used by the neighboring community, picnic shelter renters, and Youth Sports Council
(YSC) teams. The Academy has provided public access to its parking lot on weekends
and weekday evenings to accommodate the overflow.
The Recreation Director, working with the Public Works Director, informally approved
the Academy's use of the fields and basketball court during the previous two school years
and have been satisfied that the use has not significantly contributed to wear and tear on
the fields nor impacted public access or use by the YSC teams. Given that the Academy
is seeking to expand its campus and add additional high school students, it is appropriate
to have a more formal agreement with the Academy in place, for Council consideration,
that considers only the current school size and emollment, and is valid for only the
current school year. Staff recommends that any subsequent agreements with the
Academy for Park use be considered year to year, and only for the current size and
emollment.
Selected terms of the agreement are as follows:
· Traditional physical education activities by the Academy, such as calisthenics and
running, are approved. Any Academy afterschool activity, other than traditional
sports of softball, flag football, soccer and basketball is prohibited. Baseball use is
not approved.
· The Academy is granted use of the Park during the daytime Monday through
Friday during the traditional school year only.
· The Academy will provide sufficient staffing and on-site supervision of its
students during its Park use.
· The Academy will provide Statutory Worker's Compensation Insurance and
Employer's Liability Insurance coverage in the amount of $1,000,000, and
8-2
o
November 6, 2007, Item~
Page 3 00
Commercial General Liability and Auto Liability Insurance in the amolUlt of
$1,000,000 "per occurrence," combined single limit, naming the City as an
Additional Insured.
. The Academy is prohibited from using the tot lot for any school-related purpose.
. The Academy may be asked to rotate activity locations on the fields if turf
conditions deteriorate and conditions warrant reducing use to minimize further
damage. The Academy may be asked to make schedule adjustments if the turf
shows signs of wear and tear.
. The Academy's K-6th, 7th-8th, and 9th-12th grades may use the multi-purpose
field, softball field, and basketball court, as needed, for a maximum number of
students at anyone time, for physical education classes during selected hours of
the school day.
. The Academy's 5th and 6th grade, 7th and 8th grade, and 9th through 12th grade
teams may use the multi -purpose field, softball field, and basketball court, as
needed, for practices only, for a maximum number of students at anyone time for
afterschool sports teams in the afternoon for selected times, ending at 4:00 p.m.
. The City is granted access to the Academy's parking lot Monday through Friday
from 4:00 p.m. IUltil dark, and on Saturdays from 8:00 a.m. to dark for use by the
public.
. To address a concern raised by the public, language has been added to the
agreement stating that the Parks Maintenance Division of Public Works will
regularly survey the fields and court for IUlUSUal or excessive wear and tear or
damage.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City COlUlcil and has fOlUld no property
holdings within 500 feet of the bOlUldaries of the properties that are the subject of this
action.
FISCAL IMPACT
City and Academy have agreed that the reciprocal uses agreed to by the parties, Park use
by the Academy and Academy parking lot use by the City, are mutually beneficial and
have been determined to be of equal value. Based on this determination, the parties have
agreed that no additional compensation will be paid by either party for approved uses.
There should be no impact to the General FlUld.
ATTACHMENTS
Attachment "A" - Agreement between Calvary Christian Academy and City of Chula Vista
Prepared by: Shauna Stokes, Assistant Director, Recreation Department
8-3
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA
AND CALVARY CHRISTIAN ACADEMY FOR THE
ACADEMY'S USE OF COTTONWOOD PARK FOR SCHOOL
ACTMTIES DURING THE TIME AND DAYS SCHOOL IS IN
SESSION
WHEREAS, Calvary Christian Academy (Academy) is a private K-12 school located
adjacent to Cottonwood Park on East Palomar Street; and
WHEREAS, Cottonwood Park (Park) is a 6.6-acre neighborhood park that contains a
multi-purpose field, softball field, full basketball court, tot lots, picnic tables and shelters,
restrooms, and open green space; and
WHEREAS, Academy has limited play areas for its students and has formally requested
use of the two fields and basketball court in the Park for its physical education classes and sports
team practices during the current school year; and
WHEREAS, in turn, the City has requested use of the Academy's parking lot for
overflow parking from Park users during non-school hours as the City parking lot is limited in
size, and cannot accommodate the number of park users on weekday evenings and weekends;
and
WHEREAS, both the Academy and the City have informally used each other's facilities
for the last two years, and desire to now formalize this "unwritten agreement," per the proposed
Memorandum of Understanding, attached as Attachment "A;" and
WHEREAS, the Recreation Director, working with the Public Works Director,
informally approved the Academy's use of the fields and basketball court during the previous
two school years and have been satisfied the use has not significantly contributed to wear and
tear on the fields nor impacted public access or use by the Youth Sports Council teams; and
WHEREAS, given that the Academy is seeking to expand its campus and add additional
high school students, it is appropriate to have a more formal agreement with the Academy in
place; and
WHEREAS, staff recommends any subsequent agreements with the Academy for Park
use be considered on a year-to-year basis, and use be limited to the Academy's current size and
enrollment.
J:\Attomey\RESO\MOU\Calvary Christian - Cottonwood Park_lO-23-~7~7f
Resolution No. 2007-
Page 2
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby approve the Memorandum of Understanding between the City of Chula Vista and
Calvary Christian Academy for the Academy's use of Cottonwood Park for school activities
during the time and days school is in session between August 27, 2007, and June 13,2008.
Presented by
Approved as to form by
Buck Martin
Director of Recreation
~~~.J\ \'\:.~G t\
Ann Moore
City Attorney
8-5
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: t:\\:t \ 2.) 'Z..(JO'l
Memorandum of Understanding
Between
The City of Chula Vista
And
Calvary Christian Academy
8-6
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF CHULA VISTA
AND
CALVARY CHRISTIAN ACADEMY
THIS AGREEMENT, dated , and effective as of the date
last executed, is by and between the City of Chula Vista, a municipal corporation, and
Calvary Christian Academy for the Academy's use of Cottonwood Park for school
activities during the time and days school is in session between August 27,2007, and
June 13, 2008.
RECITALS
WHEREAS, Chula Vista has developed park property at 1778 East Palomar
Street. This park is known as Cottonwood Park.
WHEREAS, Cottonwood Park has fully developed playing fields and basketball
courts that are primarily used for child and adult league team practices and games
outside of normal school hours.
WHEREAS, Calvary Christian Academy is adjacent to Cottonwood Park and has
inadequate facilities for the physical education needs of its students and has previously
used Cottonwood Park facilities for some of its physical education activities during the
school years (2005-06 through 2007-08 to date).
WHEREAS, the City now desires to formalize the previously unwritten agreement
for use of Cottonwood Park facilities by Academy.
WHEREAS, the City has requested use of Calvary Christian Academy parking
facilities for overflow parking from Cottonwood Park during hours the parking lot is not
being used by Calvary Christian Academy.
WHEREAS, staff has conducted an analysis of the costs to the City for leasing
additional parking space for overflow parking from Cottonwood Park and the cost to
Calvary Christian Academy for leasing additional physical education facilities and
determined that the costs are of equal value.
WHEREAS, the joint use agreement is mutually beneficial to the City and Calvary
Christian Academy and does not adversely impact the use of Cottonwood Park by the
public.
Page 1
Revised: 10/10/2007, at 2:17 PM.
8-7
OBLIGATORY PROVISIONS PAGES
NOW THEREFORE, BE IT RESOLVED, THAT THE CITY OF CHULA VISTA
("City") AND CALVARY CHRISTIAN ACADEMY ("Academy") DO MUTUALLY AGREE
AS FOLLOWS: -
1. Academy Use Provisions
Academy shall have use of Cottonwood Park ("Park") facilities for the hours and
purposes set forth in Exhibit A. No other uses of Park by Academy are permitted
unless approved in writing prior to the commencement of the special use.
A. Fields
(1). All field maintenance will be performed by City crews. Academy is
prohibited from performing field maintenance or altering the fields in
any manner. Alterations include, but are not limited to, marking
fields, the use of chalk, paint or herbicides, installing bases, home
plates or a pitching plate, adding any agent to soil for the purpose
of drying the fields after wet weather.
(2). The City will not provide any storage facilities for Academy's use.
All Academy equipment must be removed by Academy at the end
of each approved use period. Any equipment remaining on any
Park facility may be removed by City staff. City is not responsible
for any material or equipment left on Park facilities after approved
Academy use periods have ended.
(3). No electric service is provided in the Park.
(4). Metal cleats and other similar equipment that may damage fields or
equipment are prohibited.
B. Miscellaneous
(1). Any traditional Physical Education activity, including, but not limited
to, calisthenics, stretching, and running, is approved. Any
Afterschool activity, other than traditional sports of softball, flag
football, soccer and basketball is prohibited.
(2). No weekend use (Saturday and Sunday) or holiday use will be
allowed. Use is restricted to Monday through Friday. Academy shall
be granted use of the Park during the traditional school year only.
(3). Wednesdays from 7:30 a.m. until 12:00 p.m. are scheduled park
maintenance days. No field use will be allowed during this time.
Page 2
Revised: 10/10/2007, at 2:17 PM.
8-8
(4). Academy has restroom facilities on-site and shall primarily use its
facilities. Park restrooms may be used by students on a limited time
basis when necessary. Academy shall ensure restrooms are left in
as clean a manner as found at the start of Academy use. Academy
shall advise City staff of any problems or deficiencies in Park
restrooms.
(5). Academy may have access to the school from the Park parking lot
Monday through Friday during school hours, when school is in
session. Academy and City will have access to the Park and
Academy's parking lot from the unlocked pedestrian gate at the
fence separating the Park from the Academy's parking lot.
(6). During all times that Academy has use of any Park facility,
Academy shall provide sufficient staffing and competent on-site
supervision of all student activities.
(7). City reserves the right to use of Park for special events. Should City
require use of the Park during hours designated for Academy use
pursuant to this Agreement, City will provide Academy with two
weeks advance written notice and meet and confer with Academy
to ensure, to the extent possible, minimal impact to Academy's
programs.
(8) Academy reserves the right to use of Academy's parking lot for
special events or organized activities requiring the use of the
church parking lot. Should Academy require use of the Academy's
parking lot during hours designated for City use pursuant to this
Agreement, Academy will provide City with two weeks advance
written notice and meet and confer with City to ensure, to the extent
possible, minimal impact to City's programs.
2. City Use Provisions
City shall have use of Academy's parking lot for the hours and purposes set forth
in Exhibit A. No other uses of Academy's parking lot by City are permitted unless
approved in writing prior to the commencement of the special use.
3. Insurance
Academy represents that it and its agents, staff and students are protected
Figainst the risk of loss by the following insurance coverages, in the following categories,
/:ind to the limits specified, policies of which are issued by Insurance Companies that
Page 3
'Revised: 10/10/2007, at 2:17 PM.
8-9
have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the
City:
Statutory Worker's Compensation Insurance and Employer's Liability Insurance
coverage in the amount of $1 ,000,000 -
Commercial General Liability and Auto Liability Insurance in the amount of
$1,000,000 "per occurrence," combined single limit, which names City as an Additional
Insured, and which is primary to any policy which the City may otherwise carry ("Primary
Coverage"), and which treats the employees of the City in the same manner as
members of the general public ("Cross-liability Coverage").
4. Proof of Insurance Coverage.
A. Certificates of Insurance.
Academy shall demonstrate proof of coverage required by this Agreement,
prior to the commencement of activities approved under this Agreement,
by delivery of Certificates of Insurance demonstrating required insurance,
and further indicating that the policies may not be canceled without at
least thirty (30) days written notice to the Additional Insured.
B. Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary
Coverage and Cross-liability Coverage required under Academy's
Commercial General Liability Insurance Policy, Academy shall deliver a
Liability Additional Insured Endorsement to the City demonstrating same,
which shall be reviewed and approved by the Risk Manager.
5. Compensation
A. City and Academy agree that the reciprocal uses agreed to by the parties
are mutually beneficial and have been determined to be of equal value.
Based on this determination, the parties agree that no additional
compensation will be paid by either party for approved uses.
6. Administration of Contract
Each party designates the following individual ("Contract Administrators") as said
party's contract administrator who is authorized by the party to represent them in the
routine administration of this Agreement:
City: Dave Byers, Director
Public Works Operations
1800 Maxwell Road
Page 4
Revised: 10/10/2007, at 2:17 PM.
8-10
___n__
--------~--_._--_.-
Chula Vista, CA 91911
Tel: (619) 397-6000
Academy: Bill South, Assistant Pastor
Calvary Christian Academy
1771 East Palomar Street
Chula Vista, CA 91913
Tel: (619) 421-1100
7. Hold Harmless
Academy shall defend, indemnify, protect and hold harmless the City, its elected
and appointed officers and employees, from and against all claims for damages, liability,
cost and expense (including without limitation attorneys fees) arising out of or alleged by
third parties to be the result of the negligent acts, errors or omissions or the willful
misconduct of the Academy, and Academy's employees, subcontractors or other
persons, agencies or firms for whom Academy is legally responsible in connection with
the execution of the uses covered by this Agreement. Also covered is liability arising
from, connected with, caused by, or claimed to be caused by the active or passive
negligent acts or omissions of the City, its agents, officers, or employees which may be
in combination with the active or passive negligent acts or omissions of the Academy,
its employees, agents or officers, or any third party. Excepted from Academy's duty to
defend, indemnify, protect and hold harmless the City are for those claims, damages,
liability, costs and expenses (including without limitations, attorneys fees) arising from
the sole negligence or sole willful misconduct of the City, its officers, or employees.
Academy's indemnification shall include any and all costs, expenses, attorneys
fees and liability incurred by the City, its officers, agents or employees in defending
against such claims, whether the claims proceed to judgment or not. Academy's
obligations under this Section shall not be limited by any prior or subsequent declaration
by the Academy. Academy's obligations under this Section shall survive the termination
of this Agreement.
City will have the Youth Sports Council teams who may use Academy's parking lot, per
the City's use, add the Academy as an "Additional Insured" as part of their City
insurance requirements.
8. Termination of Agreement for Cause
If, through any cause, Academy fails to fulfill in a timely and proper manner
Academy's obligations under this Agreement, or if Academy violates any of the
covenants, agreements or stipulations of this Agreement, City has the right to terminate
this Agreement by giving written notice to Academy of such termination and specifying
the effective date of the termination at least five (5) business days before the
Page 5
Revised: 10/10/2007, at 2:17 PM.
8-11
termination date. If the Academy cures the breach within the five (5) day period, the
City may rescind the notice of termination.
9. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving
specific written notice to Academy of the termination and specifying the effective date of
the termination, at least thirty (30) days before the termination date. Academy expressly
waives any and all claims for damages or compensation arising under this Agreement
except as set forth in the Agreement.
10. Assignability
Academy shall not assign any interest in this Agreement, and shall not transfer
any interest in the same (whether by assignment or novation), without prior written
consent of City.
11. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this Agreement, against the
City unless a claim has first been presented in writing and filed with the City and acted
upon by the City in accordance with the procedures set forth in Chapter 1.34 of the
Chula Vista Municipal Code, the provisions of which are incorporated by this reference
as if fully set forth in this Agreement, and such policies and procedures used by the City
in the implementation of the provisions of the Chula Vista Municipal Code.
Upon request by City, Academy shall meet and confer in good faith with City for
the purpose of resolving any dispute over the terms of this Agreement.
12. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that
the prevailing party shall be entitled to a judgment against the other for an amount equal
to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be
deemed to be the party who is awarded substantially the relief sought.
13. Miscellaneous
A. Academy not authorized to Represent City
Unless specifically authorized in writing by City, Academy shall have no authority
to act as City's agent to bind City to any contractual agreements whatsoever.
B. Notices
Page 6
Revised: 10/10/2007, at 2:17 PM.
8-12
All notices, demands or requests provided for or permitted to be given pursuant
to this Agreement must be in writing. All notices, demands and requests to be sent to
any party shall be deemed to have been properly given or served if personally served or
deposited in the United States mail, addressed to such party, postage prepaid,
registered or certified, with return receipt requested, at the addresses identified in this
Agreement as the places of business for each of the designated parties.
Page 7
Revised: 10/10/2007, at 2:17 PM.
8-13
C. Entire Agreement
This Agreement, together with any other written document referred to or
contemplated by this Agreement, embody the entire Agreement and understanding
between the parties relating to the subject matter d this Agreement. Neither this
Agreement nor any provision of it may be amended, modified, waived or discharged
except by an instrument in writing executed by the party against which enforcement of
such amendment, waiver or discharge is sought.
D. Capacity of Parties
Each signatory and party to this Agreement warrants and represents to the other
party that it has legal authority and capacity and direction from its principal to enter into
this Agreement, and that all resolutions or other actions have been taken so as to
enable it to enter into this Agreement.
E. Governing LawNenue
This Agreement shall be governed by and construed in accordance with the laws
of the State of California. Any action arising under or relating to this Agreement shall be
brought only in the federal or state courts located in San Diego County, State of
California, and if applicable, the City of Chula Vista, or as close to Chula Vista as
possible. Venue for this Agreement, and performance under the Agreement, shall be
the City of Chula Vista.
14. Term.
This Agreement shall be in effect from August 27,2007, through June 13, 2008.
[End of page. Next page is signature page.]
Page 8
Revised: 10/10/2007, at 2:17 PM.
8-14
Signature Page
to
Agreement between
City of Chula Vista and Calvary Christian Academy
for the Academy's use of Cottonwood Park for school activities during the time
and days school is in session between August 27,2007, and June 13, 2008
IN WITNESS WHEREOF, City and Academy have executed this Agreement
thereby indicating that they have read and understood the Agreement, and indicate their
full and complete consent to its terms:
Dated:
,200_
City of Chula Vista
By:
Cheryl Cox, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Ann Moore, City Attorney
Dated:
Calvary Christian Academy
BY:W~
Wes Anderson, Associate Pastor
By'
Page 9
Revised: 10/10/2007, at 2:22 PM.
8-15
EXHIBIT A
TO
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF CHULA VISTA
AND
CALVARY CHRISTIAN ACADEMY
1 . City-Approved Activities by Academy
The City grants to Academy the right to limited use of the Park for specifically
designated uses, during specific hours. This limited use Agreement is based on
Academy's current enrollment of 400 students Pre-school to 12th grade. Should
Academy's enrollment increase, the terms of this agreement will remain
unchanged.
Academy is prohibited from using the tot lot for any school-related purpose at any
time. Academy use is limited to the following times and purposes:
During all times that Academy has use of any Park facility, Academy shall
provide sufficient staffing and competent on-site supervision of all student
activities.
A. Physical Education - Monday through Friday
(1). Elementary School - Kindergarten through 6th grades
a. Academy may use the multi-purpose field, softball field, and
basketball court, as needed, for a maximum of 50 students
at anyone time, with no more than 25 students in one
activity area. This use is approved for the following hours:
- 9:00-9:30 a.m. - 2nd grade
- 11 :00-11 :30 a.m. - Kindergarten, 1 st, 3rd, and 4th grades
- 1 :00 - 1 :40 p.m. - 5th and 6th grades
b. Academy may be asked to rotate activity locations on the
fields if turf conditions deteriorate and conditions warrant
reducing use to minimize further damage. Fields may be
closed during and after inclement weather. No field
modifications of any kind will be permitted. Academy may be
asked to make schedule adjustments if the turf shows signs
of wear and tear.
(2). Junior High School- 7th and 8th grades
Page 1
Revised: 10/10/2007, at 3:49 PM
8-16
a. Academy may use the multi-purpose field, softball field, and
basketball court, as needed, for a maximum of 100 students
at anyone time, with no -more than 30 students in one
activity area. This use IS approved for the hours of
12:30 p.m. to 1 :00 p.m.
b. Academy may be asked to rotate activity locations on the
fields if turf conditions deteriorate and conditions warrant
reducing use to minimize further damage. Fields may be
closed during and after inclement weather. No field
modifications of any kind will be permitted. Academy may be
asked to make schedule adjustments if the turf shows signs
of wear and tear.
(3). High School- 9th through 12th grades
a. Academy may use the multi-purpose field, softball field, and
basketball court, as needed, for a maximum of 75 students
at anyone time. This use is approved for the hours of
2:25 p.m. to 4:00 p.m. All courts are open to the public for
general use starting at 4:00 p.m.
b. Academy may be asked to rotate activity locations on the
fields if turf conditions deteriorate and conditions warrant
reducing use to minimize further damage. Fields may be
closed during and after inclement weather. No field
modifications of any kind will be penmitted. Academy may be
asked to make schedule adjustments if the turf shows signs
of wear and tear.
B. Afterschool Use - Monday through Friday
Elementary School - 5th and 6th grade teams
Junior High School - 7th and 8th grade teams
High School- 9th through 12th grade teams (Varsity)
(1). Fall Sports
a. Fall Flag Football - 5th and 6th and 7th and 8th grade
teams: Academy may use the multi-purpose field for
practices only, for a maximum of 36 students at anyone
time. This use is approved for the hours of 3:00 p.m. to
4:00 p.m. The City has use of the field beginning at
4:00 p.m.
Page 2
Revised: 10/10/2007, at 3:49 PM
8-17
b. Academy may be asked to rotate activity locations on the
field if turf conditions deteriorate and conditions warrant,
reducing use to minimize further damage. Field may be
closed during and after. inclement weather. No field
modifications of any kind wfll be permitted. Academy may be
asked to make schedule adjustments if the turf shows signs
of wear and tear.
(2). Winter Sports
a. Basketball - Boys and Girls Varsity teams: Academy may
use the basketball courts for practices only, for a maximum
of 22 students. This use is approved for the hours of
2:25 p.m. to 4:00 p.m. All courts are open to the public for
general use starting at 4:00 p.m.
b. Soccer - 5th and 6th grade teams, 7th and 8th grade teams,
and Boys and Girls Varsity teams: Academy may use the
multi-purpose field for practices only, for a maximum of 36
students at anyone time. This use is approved for the hours
of 2:25 p.m. to 4:00 p.m. The City has use of the field
beginning at 4:00 p.m.
c. Academy may be asked to rotate activity locations on the
field if turf conditions deteriorate and conditions warrant
reducing use to minimize further damage. Field may be
closed during and after inclement weather. No field
modifications of any kind will be permitted. Academy may be
asked to make schedule adjustments if the turf shows signs
of wear and tear.
(3). Spring Sports
a. Basketball - 5th and 6th and 7th and 8th grade teams:
Academy may use the basketball courts for practices only,
for a maximum of 60 students. This use is approved for the
hours of 2:25 p.m. to 4:00 p.m. All courts are open to the
public for general use starting at 4:00 p.m.
b. Softball - Girls Varsity team: Academy may use the softball
field for practices only, for a maximum of 15 students. This
use is approved for the hours of 2:25 p.m. to 4:00 p.m. The
City has use of th~ field beginning at 4:00 p.m.
c. Academy may be asked to rotate activity locations on the
field if turf conditions deteriorate and conditions warrant
Page 3
Revised: 10/10/2007, at 3:49 PM
8-18
reducing use to minimize further damage. Field may be
closed during and after inclement weather. No field
modifications of any kind will be permitted. Academy may be
asked to make schedule adjustments if the turf shows signs
of wear and tear. .
d. Baseball: This use is not approved.
2. Academy-Approved Activities by City
The City is granted access to the Academy's parking lot Monday through Friday
from 4:00 p.m. until dark, and on Saturdays from 8:00 a.m. to dark for use by the
public. Academy will lock and unlock gates for public use during approved hours.
Gates will be locked at all other times.
Page 4
Revised: 10/10/2007, at 3:49 PM
8-19
CITY COUNCIL
AGENDA STATEMENT
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
NOVEMBER 6, 2007, Item.iL-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA EXTENDING THE TEMPORARY
CLOSURE OF CENTER STREET AND A PORTION OF
CHURCH A VENUE FOR THE DOWNTOWN FARMERS
MARKET FROM 2:00 P.M. - 8:30 P.M. ON THURSDAY
AFTERNOONS FOR A TWO-YEAR PERIOD SUBJECT
TO CONDITIONS OF APPROVAL AND WAIVING THE
BUSINESS LICENSE FEE REQUIREMENT FOR
VENDORS PARTICIPATING IN THE DOWNTOWN
FARMERS MARKET
REDEVELOPMENT
CITY MANAGER
4/5THS VOTE: YES D NO ~
BACKGROUND
The Chula Vista Third Avenue Village Association (TA V A), formerly known as the Chula
Vista Downtown Business Association (DBA), has managed the downtown Farmers Market
on Thursday afternoons since 1991. The event is highly successful, providing a needed
service, enhancing the City's cultural activities and drawing more people to the downtown
Third Avenue area This resolution would provide a two year extension, allowing the
Farmers Market to continue in its current location until December 31,2009.
ENVIRONMENTAL REVIEW
The extension of the street closures creates no new significant impacts and therefore no
additional review of the project is required under CEQA.
RECOMMENDATION
Staff recommends that the City Council adopt the resolution:
1. Extending the temporary closure of Center Street and a portion of Church Avenue for
the downtown Farmers Market from 2:00 p.m. - 8:30 p.m. on Thursday afternoons
for a two-year period subject to conditions of approval; and
9-1
November 6,2007, Iteml
Page 2 of2
2. Waiving the business license fee requirement for vendors participating in the
downtown Farmers Market.
BOARDS/COMMISSION RECOMMENDA nON
Not applicable.
DISCUSSION
Most recently, the City Council adopted Resolution No. 2005-406, on December 6, 2005,
extending the temporary closure of Center Street and a portion of Church A venue for the
downtown Farmers Market from 2:00 p.m. - 8:30 p.m. on Thursday afternoons for a two-
year period, subject to conditions of approval, and waiving the business license
requirement for vendors participating in the Farmers Market. The resolution extending
the Farmers Market for a two-year period is being brought forward because the current
street closure expires at year-end, 2007.
Since 1991, TA V A (formerly DBA) has renewed the request for a street closure and
business license fee waiver. The dOWntown Farmers Market is an important feature in
the revitalization of western Chula Vista. Not only does it draw new people to Chula
Vista's downtown, it also provides a sense of liveliness on the street, key to the
momentum of other revitalization efforts. TA V A has reported that the Farmers Market
brings approximately 1,000 - 3,000 visitors to the downtown Third Avenue Village
district each week and that Thursdays tend to be one of the best days of the week in terms
of sales for surrounding businesses. The Farmers Market operates approximately 50
weeks out of the year.
DECISION MAKER CONFLICT
Staffhas reviewed the property holdings of the City Council and has found no property
holdings within 500 feet of the boundaries of the property which is the subject of this
action.
FISCAL IMPACT
Based upon current average usage, the estimated loss of parking meter revenue for the
two-year period of the street closure is $3,000. Estimated loss of business license fee
revenue for the two-year period is $3,100.
ATTACHMENTS
1 - Locator Map
Prepared by: Lynette Jones, Sr. Community Development Specialist, Community
Development Department
9-2
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9-3
EXIllBlT A
November 6, 2007
Downtown Farmers Market
Center street and a portion of Church Avenue
CONDITIONS OF APPROVAL
1. The subject street closure shall be permitted through December 31, 2009, unless
sooner revoked (in sole discretion of the City Council) to accommodate the downtown Farmers
Market. At the end of that time, the Farmers Market shall be evaluated by the Community
Development Department and a recommendation made to the City Council. The City Council, at
that time, may consider a further extension.
2. All Vendors or activities to take place within the closed street right-of-way, other
than those approved herein may be approved by the Community Development Director prior to
their participation on the Farmers Market.
ADDroved Vendors and Activities
1) Certified Farmers Market!
2) Arts and Crafts hand made by the seller
3) Promotional activities that enhance the market but do not detract from
the Downtown business environment to create significant noise,
congestion, or safety hazards.
4 Third Avenue Village Association (TA V A)merchants and businesses
in good standing may sell or demonstrate merchandise and services
that are currently sold within their Downtown premises.
3. The T A V A shall provide, set up and remove all signs, barricades, temporary
traffic control devices related to the Farmers Market and street closure in a timely manner (set-up
shall begin no earlier than 2:00 p.m. and removal completed no later than 8:30 p.m.). All traffic
control devices, signs, and barricades shall be placed in accordance with the sign placement plan
approved by the City Traffic Engineer and shall conform to the State of California traffic control
requirements.
4. The T A V A will be responsible for the coordination and implementation of all
activities and regulations related to the street closure and Farmers Market, the appropriate City of
Chula Vista departments and staff, and any applicable County, State or Federal requirements.
1 A certified Farmers Market is a location approved by the County Agricultural Commissioner, where certified
farmers offer for sale only those items they grow themselves. Only the immediate family and salaried
employees of a certified producer may act for and sell the products of that producer. Items include fresh and
dried fruits and herbs, vegetables, nuts, honey, eggs, houseplants and cut flowers, jerky, fresh fish, olives and
baked goods.
9-4
ATTACHMENT 1
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9-5
COUNCIL RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
EXTENDING THE TEMPORARY CLOSURE OF _ CENTER STRE~T AND A
PORTION OF CHURCH AVENUE FOR THE DOWNTOWN FARMERS MARKET
FROM 2:00 P.M. - 8:30 P.M. ON THURSDAY AFTERNOONS FOR A TWO-YEAR
PERIOD SUBJECT TO CONDITIONS OF APPROVAL AND WAIVING THE
BUSINESS LICENSE FEE REQUIREMENT FOR VENDORS PARTICIPATING IN
THE DOWNTOWN FARMERS MARKET
WHEREAS, the City Council of the City of Chula Vista established a Business Improvement
Area on November 16,1971, which created the Downtown Business Association; and
WHEREAS, a new Property and Business Improvement District was formed by a vote of
property owners on July 10, 2001; and
WHEREAS, on October 3, 1995, the City Council approved Resolution 18052 adopting
Negative Declaration IS-95-30 and approving the closure of a portion of Center Street on Thursday
afternoons between March 1996 and October 1996 for a Farmers Market; and
WHEREAS, on October 15, 1996, the City Council approved Resolution 18710 to expand the
temporary closure of Center Street and add a portion of Church Avenue to accommodate the Farmers
Market on Thursday afternoons subject to conditions; and
WHEREAS, on November 14, 2000, and December 10, 2002, the City Council approved
Resolution 2000-411 and 2002-496, respectively, extending the temporary closure of Center Street and a
portion of Church A venue; and
WHEREAS, the extension of the street closures creates no new significant impacts and therefore
no additional review of the project is required under CEQA; and
WHEREAS, pursuant to Municipal Code Section 5.04.085 the Third Avenue Village Association
has also requested a waiver of the Business License Fees for vendors taking part in the Farmers Market;
and
WHEREAS, the Third Avenue Village Association insures its downtown events, including the
Farmers Market for $1 million in liability and names the City of Chula Vista as an additionally insured;
and
WHEREAS, the Farmers Market special event will further the redevelopment effort within the
Town Centre I Redevelopment Project Areas.
9-6
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista extends
the temporary closure of Center Street and a portion of Church Avenue for the Downtown Farmers
Market from 2:00 p.m. - 8:30 p.m. on Thursday afternoons through December 31, 2009, subject to
conditions attached hereto as Exhibit A, and authorizes the waiver of the business license fee
requirement for vendors participating in the Farmers Market.
Presented by
Ann Hix
Acting Community Development Director
J:\COMMDEV\RESOS\2007\11-06-07\Farmers Market.doc
9-7
EXHIBIT A
November 6, 2007
_ Downtown Farmers Market
Center Street and a portion of Church Avenue
CONDITIONS OF APPROVAL
1. The subject street closure shall be permitted through December 31, 2009, unless
sooner revoked (in sole discretion of the City Council) to acco=odate the downtown Farmers
Market. At the end of that time, the Farmers Market shall be evaluated by the Co=unity
Development Department and a reco=endation made to the City Council. The City Council, at
that time, may consider a further extension.
2. All Vendors or activities to take place within the closed street right-of-way, other
than those approved herein may be approved by the Co=unity Development Director prior to
their participation on the Farmers Market.
ADD roved Vendors and Activities
1) Certified Farmers Marketl
2) Arts and Crafts hand made by the seller
3) Promotional activities that enhance the market but do not detract from
the Downtown business environment to create significant noise,
congestion, or safety hazards.
4 Third Avenue Village Association (TA V A)merchants and businesses
in good standing may sell or demonstrate merchandise and services
that are currently sold within their Downtown premises.
3. The T A V A shall provide, set up and remove all signs, barricades, temporary
traffic control devices related to the Farmers Market and street closure in a timely manner (set-up
shall begin no earlier than 2:00 p.m. and removal completed no later than 8:30 p.m.). All traffic
control devices, signs, and barricades shall be placed in accordance with the sign placement plan
approved by the City Traffic Engineer and shall conform to the State of California traffic control
requirements.
4. The TA V A will be responsible for the coordination and implementation of all
activities and regulations related to the street closure and Farmers Market, the appropriate City of
Chula Vista departments and staff, and any applicable County, State or Federal requirements.
1 A certified Farmers Market is a location approved by the County Agricultural Commissioner, where certified
farmers offer for sale only those items they grow themselves. Only the immediate family and salaried
employees of a certified producer may act for and sell the products of that producer. Items include fresh and
dried fruits and herbs, vegetables, nuts, honey, eggs, houseplants and cut flowers, jerky, fresh fish, olives and
baked goods_
9-8
J :\COMMDEV\RESOS\2007\11-06-07\Farmers Market.doc
,
/
/
CITY COUNCIL
AGENDA STATEMENT
SUBMITTED BY: DIRECTOR OF ENG
11/6/07, ItemL
RESOLUTION APPROVING THE FILING OF A GRANT
APPLICATION TO THE SAFE ROUTES TO SCHOOL PROGRAM
FOR STATE FUNDS TO IMPROVE PEDESTRIAN FACILITIES AT
CASTLE PARK ELEMENTARY SCHOOL; AND CERTIFYING THE
COMMITMENT OF MATCHING FUNDS THEREFOR
AND GENERAL SERVICES~~.
AGER ~
4/STHS VOTE: YES 0 NO [Z;]
ITEM TITLE:
REVIEWED BY: CITY MANAGER
ASSISTANT CITY
BACKGROUND
The pedestrian facilities serving Castle Park Elementary School students are in need of
significant improvements. To improve the main school routes along Hilltop Drive and Oxford
Street, and minor streets within a quarter mile radius, an array of traffic calming and pedestrian
facilities have been recommended for the area to complement street and sidewalk work being
done with Housing and Urban Development (HUD) loan funds and with at least one already
approved assessment district. This funding along with the fact that one Capital Improvement
Project has already been budgeted for the area (TF300 - Signal Installation at the Intersection of
Hilltop Drive and Oxford Street) positions the City as best as possible for success in the grant
competition. The City proposes to apply for State of California grant funding from the Safe
Routes to School Program to help fund this project as well as the additional recommended traffic
calming and pedestrian facility improvements.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance with
the California Environmental Quality Act (CEQA) and has determined that there is no possibility
that the activity may have a significant effect on the environment; therefore, pursuant to Section
15061(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no
environmental review is necessary.
10-1
11/6/07,IteDl~
Page 2 of 5
RECOMMENDATION
Council adopt the resolution:
. Approving the filing of a grant application to the Safe Routes to School Program for state
funds to iDIprove pedestrian facilities at Castle Park Elementary School; and
. Certifying the commitment of matching funds therefor
BOARDS/COMMISSIONS
Not applicable.
DISCUSSION
The local Caltrans office works diligently to keep local agencies apprised of changing
requirements and deadlines associated with state and federal Safe Routes to School grant
opportunities. Lately, these monies have been subject to some uncertainty and altered schedules.
Caltrans recently informed jurisdictions of a quickly upcoming round of both state and federal
grants, with the state opportunity having a deadline of November 16, 2007.
As staff has shared with the City Council through various Information Items, the City has had
recent success with the last Safe Routes to School grant cycle by actively working with Caltrans
to present proposals within the context of the City's missing infrastructure effort. The quick
deadline for the new grant cycle made it impossible to recreate the community walking audit
process for this grant phase. However, a meeting with Caltrans staff and an analysis of potential
projects considering the extremely competitive nature of this grant led to the selection of Castle
Park Elementary School as the best candidate for the November 16th deadline. This selection is
based on the tremendous amount of work already planned for the area providing the benefit of
leveraging existing funds already being provided by the $9.5 million BUD loan and at least one
already approved assessment district (thus evidencing community involvement and contribution).
Success with the grant would also allow this school to become the first in the City to achieve the
goal of completing all infrastructure and pedestrian safety improvements within a quarter mile of
the school therefore maximizing opportunities for students to walk and bike to school.
The proposed project consists of numerous improvements aiming to iDIprove pedestrian safety in
the area surrounding Castle Park Elementary School. Castle Park Elementary School is located
at the intersection of Hilltop Drive and Oxford Street (see Attachment 1, diagram). The front of
the school is located on Emerson Street and also has access from Vista Way. Parents who are
dropping off students by car use Emerson Street. Parents and students heavily use Hilltop Drive
and Oxford Street during the school year as they walk to and from home. There is secondary
access to the school from the southwest comer of the school on Oxford Street. All of the
proposed improvements are within a quarter mile radius of the school boundary, well within
reasonable walking distance of the school.
Recommended Imorovements
Hilltop Drive and Oxford Street are collector streets with heavy vehicular traffic. Hilltop Drive
has a traffic volume count of approximately 9,400 trips per day, and Oxford Street has 5,700
trips per day. In order to increase the safety of pedestrian access to and from the school along
these heavily traveled streets, traffic-calming improvements are being proposed to reduce the
speeds of vehicular traffic along these streets and other nearby streets. Improvements include the
installation of a traffic signal with pedestrian pushbuttons and indications, a curb pop-out and
10-2
11/6/07, ItemJLL
Page 3 of 5
multiple striping modifications, improving pedestrian ramps to current accessibility standards,
and signing modifications to meet current school zone signing standards. All construction will
comply with current Americans With Disabilities Act (ADA) design standards. These
improvements are more specifically described below:
Intersection of Emerson Street and Vista Wav
This T -intersection is directly in front of the school and experiences heavy pedestrian volumes
during pick-up and drop-off times. The intersection is uncontrolled at this time, however, school
staff and students have established a long-standing school safety patrol that helps pedestrians
cross the intersection safely. Proposed improvements at this intersection include the installation
of a stop sign for the northern leg of the T -intersection. Dual pedestrian ramps are also proposed
for the northeast comer in order to improve the crosswalk alignment. The crosswalks would be
re-striped with thermoplastic in a zebra-style pattern to increase their visibility. The remaining
two pedestrian ramps would be modified to meet current accessibility standards by installing
truncated domes. Lastly, in-roadway pedestrian crossing signs would be installed in each
crosswalk to improve motorist's awareness of the crosswalks. Solar powered flashing beacons
activated by pedestrian pushbuttons will be installed on Emerson Street before the crosswalk.
The cul-de-sac on Emerson Street immediately west of the intersection would receive
improvements as well. The cul-de-sac is quite short and vehicles picking up and dropping
children off make u-turns in the throat of the cul-de-sac, which causes traffic congestion and
dangerous situations for pedestrians crossing the street at the intersection. The project proposes
a small pin-on median be built along the centerline of the street in the throat of the cul-de-sac to
stop this situation from occurring. The result would be more organized traffic flow through the
intersection of Emerson Street and Vista Way, which would improve pedestrian safety in the
intersection.
Intersection of Hilltop Drive and Emerson Street
This intersection currently operates as an all-way stop controlled intersection with crosswalks
across all four legs. Improvements proposed at this intersection include a curb pop out on the
southwest comer of the intersection to shorten the distance a pedestrian needs to walk to cross
Hilltop Drive. Dual pedestrian ramps would also be installed on this comer to keep .crosswalks
properly aligned and crossing distances as short as possible. The existing crosswalks would be
re-striped with thermoplastic to increase their visibility. In order to increase visibility of the
existing crosswalk across Hilltop Drive, the project proposes the installation of solar powered
flashing beacons activated by pedestrian pushbuttons as well as additional advanced warning
signage for the crosswalk to both the north and south of the intersection.
Intersection of Hilltop Drive and Oxford Street
Currently operating under all-way stop control, this intersection handles a significant volume of
both cars and pedestrians. In accordance with State guidelines, City staff completed a traffic
signal warrant study and determined a traffic signal was warranted at this location. The proposed
project would install the traffic signal, complete with pedestrian pushbuttons and indications, in
order to improve efficiency for vehicles and improve safety for pedestrians. In order to install
the traffic signal an existing cross gutter would need to be removed and replaced with minor
drainage improvements including a storm drain inlet and approximately 400' of pipe to connect
to the nearest drainage system. Existing curb ramps on all four comers would be modified to
10-3
11/6/07, Item~
Page 4 of 5
meet current accessibility standards. All of these improvements were already contemplated and
budgeted for with Capital Improvement Project TF-300.
Intersection of Naples Street and Cuvamaca Avenue
Although this T-intersection is not immediately adjacent to Castle Park Elementary School, it is
within a quarter mile and is even closer to St. Pius X Elementary School. Northbound traffic
approaching the intersection must stop at the intersection, but fast-moving traffic along Naples
Street does not. In order to increase visibility of the existing crosswalk across Naples Street, the
project proposes the installation of solar powered flashing beacons activated by pedestrian
pushbuttons as well as additional advanced warning signage for the crosswalk to both the east
and west of the intersection.
Segment of Hillto1;l Drive between Emerson Street and Oxford Street
This segment of Hilltop is fairly wide (52' curb to curb) with Castle Park Elementary along the west
side of the street and residential frontage on the east side. The street itself is straight, very flat,
accommodates parking on both sides, and has a left turn lane running down the center of the street.
Vehicles traveling along this segment of road regularly travel at a high rate of speed posing a threat
to pedestrians and people getting in and out of the cars parked along the street, particularly during
pick-up and drop-off hours. This project proposes to sandblast the existing striping, replacing it
with parking lane stripes on both sides of the street, and a widened turning lane in the center, in
order to narrow the driving lanes in an attempt to reduce vehicle speeds. A similar approach was
recently used in another part of the City and successfully reduced the maximum speed experienced
on the roadway by over 15 mph. This project would place radar speed-feedback signs for both
directions alerting drivers of their speed and encouraging them to drive the appropriate speed.
Other Improvements
Additional improvements proposed by this project include the following:
· Parking stripes on Oxford Street between Cuyamaca Avenue and First Avenue similar to
those proposed along Hilltop Drive
· Solar powered, radar speed-feedback signs on Oxford Street immediately adjacent to
Castle Park Elementary and East Naples Street immediately adjacent to St. Pius X
Elementary
· Improved school zone signage to bring area in compliance with current MUTCD school
zone sign standards
· 32 pedestrian ramp modifications, all within one-quarter mile of the school boundary, to
bring the ramps in compliance with current accessibility standards
. 10 new pedestrian ramps
· Intersection of Oxford Street and Tobias Drive, installation of solar powered flashing
beacons activated by pedestrian pushbuttons as well as additional advanced warning
signage for the crosswalk to both the east and west of the intersection.
Proiect Cost
The total estimated costs to achieve these improvements to the Castle Park Elementary School
route are $850,902.00 (see Attachment 2, cost estimate).
10-4
11/6/07, Item~
Page 5 of 5
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the boundaries of the property that is the subject of this action.
FISCAL IMPACT
The City has already budgeted $450,000 for Capital Improvement Project TF300 from the
Traffic Signal Fee Fund. If the City is successful and receives the grant, the funds from TF-300
would exceed the required grant match of 10%. As a result, there would be no impact to the
General Fund, or any need for the additional allocation of funds of any kind. If the resolution is
approved, the City will apply for Safe Routes to School funding in the amount of $400,902.00.
This amount of grant funding, combined with the funds from TF-300, would total $,850,902.00
available for the proposed improvements. If the grant is awarded, staff will return to Council
with a recommendation to accept and appropriate the grant funds into the FY2008/09 Capital
Improvement Program.
ATTACHMENTS
1. Diagram of Proposed Project Area
2. Cost Estimate - Castle Park Elementary School Pedestrian Facilities
Prepared by: Jim Newton, Sr. Civil Engineer, Engineering and General Services Dept.
M:\Engineer\AGENDA \CAS2007\11-06-07\Safe routes to school.doc
10-5
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City of Chula Vista
ENGINEERING DEPARTMENT \ TRAFFIC
COST ESTIMATE
Safe Routes to School Prollram
Castle Park Elementary
Project Number:
DATE:
PREPARED BY:
CHECKED BY:
CYOl4
October 25, 2007
Ben Herrera
James Newton
Project Title:
l#M~,:.,,~...,:
~ Traffic Signal at Hilltop Drive and Oxford St
i 2!School Safety Signs
J Pin On Median (Vista Way)
4 Pedestrian Ramps
5 Truncated Dome Pedestrian Ramp Modification
6 PCC Bulb Out (Hilltop Dr & Emerson St)
, 7jCrosswalk Zebra Striping (Emerson St & Vista Way)
i~parking Striping
, 9 I Flashing Pedestrian Beacon (solar)
101 Radar Feedback Signs (solar)
\~
II i Curb Inlet (Type B)
12 Storm Drain Cleanout (Type A)
IJ 24-inch RCP Storm Drain Pipe
14 Concrete Lug
15 Removal of Cross Gutter
1 16 Sandblasting
'~
' 17 Traffic Control
L".-..,;,",",~"""""",,,,,,,,,",,,,,,,,_,,""""""';';;~"-',
$375,000.00 $303,600.00
$10,000.00 $10,000.00
$10.00 $550.00
10: Each $5,000.00 $50,000.00
351 Each $500.00 $17,500.00
601 LF $60.00 $3,600.00
I, LS $5,000.00 $5,000.00
4000 LF $1.50 $6,000.00
7 Each $2,000.00 $14,000.00 i
6, Each $8,000.00 $48,000.00
2: Each $4,000.00 $8,000.00
I: Each $4,000.00 $4,000.00
400, LF $110.00 $44,000.00
Ii Each $1,200.00 , $1,200.00
1 LS $10,000.00 ' $10,000.00
I LS $10,000.00 . $10,000.00
I LS $10,000.00 ; $10,000.00
".,'"_..,","""''''-''''
Subtotal: $ 545,450.00
Notes:
1 0/25/2007
Castle P~s7Estimate
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FILING
OF A GRANT APPLICATION TO THE SAFE
ROUTES TO SCHOOL PROGRAM FOR STATE
FUNDS TO IMPROVE PEDESTRIAN FACILITIES
AT CASTLE PARK ELEMENTARY SCHOOL; AND
CERTIFYING THE COMMITMENT OF MATCHING
FUNDS.
WHEREAS, there are high volumes of both pedestrian students, parents,
and vehicles during peak school hours on the streets serving Castle Park
Elementary School; and
WHEREAS, available pedestrian facilities along Hilltop Drive, Oxford
Street, and Naples Street are limited or non-existent, including a high-volume
parent drop-off area; and
WHEREAS, the proposed project will improve the school route to Castle
Park Elementary by adding or upgrading pedestrian facilities in the area as well
as providing signage, warning lights, and vehicle speed feedback signs to alert
motorists; and
WHEREAS, City staff recommends applying for project funding from the
Safe Routes to School Grant Program to help meet project expenses; and
WHEREAS, as part of an existing capital improvement program project,
the City has already identified Traffic Signal Fee funds and Housing and Urban
Development (HUD) loan funds to help mitigate traffic impacts near the school;
and
WHEREAS, grant requirements include Council certification that these
funds are available to be used as a grant match and are committed for the
project;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Chula Vista does hereby
1. Approve the filing of a grant application to the Safe Routes to School
Program for state funds to improve pedestrian facilities at Castle Park
Elementary School; and
10-8
2. Certify the commitment of matching funds therefor.
Presented by
Jack Griffin
Engineering/General Services Director
10-9
Approved as to form by
~\C>^\\.~{~,
Ann Moore
City Attorney
CITY COUNCIL
AGENDA STATEMENT
NOVEMBER 6,2007, ItemK
SUBMITTED BY:
REVIEWED BY:
RESOLUTION TERMINATING THE CALIFORNIA
PUBLIC ENTITY INSURANCE AUTHORITY (CPEIA)
JOINT POWERS AGREEMENT /7!_
DIRECTOR OF ;:mSOURCES M. r~
CITY MANAGER
ASSISTANT CITY A ER~
ITEM TITLE:
4/5THS VOTE: YES D NO ~
BACKGROUND
In 2003, the City OfChula Vista became a member of the CPEIAjoint powers agreement to
access excess workers' compensation insurance. In 2006, the California State Association
of Counties Excess Insurance Authority (CSAC EIA) was created to replace the CPEIA in
order to provide various insurance coverages, including workers' compensation, while
allowing non-county entities to participate in its governance. CSAC EIA has requested that
the Chula Vista City Council execute the subject resolution to document its action to
terminate the now obsolete CPEIA.
ENVIRONMENTAL REVIEW
None required.
RECOMMENDATION
That Council approve the resolution terminating the California Public Entity Insurance
Authority (CPEIA) Joint Powers Agreement.
BOARDS/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
00 May 23, 2006, Council approved the Joint Powers Agreement creating the CSAC Excess
Insurance Authority (EIA). The EIA was created to replace the California Public Entity Insurance
Authority (CPElA), a California counties excess workers compensation insurance pool, in order to
11-1
NOVEMBER 6, 2007, Item~
Page 2 of2
allow participating non-county public entities to participate in its governance. The transition of the
CPEIA members into 1he CSAC EIA has been in progress for the past year and a half. As of June
30, 2007, all CPEIA members have executed 1he appropriate documents to join 1he CSAC EIA
directly. The last phase of 1he transition plan is 1he termination of 1he CPEIA as an entity. The
CPEIA will be officially terminated upon approval by 1hree-fourths of 1he CPEIA members (101 of
134 members). The EIA has requested 1ha! the City execute 1he subject resolution to document its
action to terminate the CPEIA as soon as possible and before December 31, 2007.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently the 500 foot rule found in California Code of
Regulations Section 18704.2 (a)(I) is not applicable to this decision.
FISCAL IMPACT
There is no fiscal impact to the City with this action. The CPEIA has no assets to
distribute and no programs of the CPEIA were ever established.
Prepared by: T. Enos, Risk Manager Human Resources
11-2
RESOLUTION NO.
A RESOLUTION OF THE CITY OF CHULA VISTA TERMINATING THE CALIFORNIA
PUBLIC ENTITY INSURANCE AUTHORITY JOINT POWERS AGREEMENT
WHEREAS, the CSAC Excess Insurance Authority (EIA) and the Califomia Public Entity
Insurance Authority (CPEIA) have merged into one organization, the EIA, and there is no
need for the CPEIA to continue to exist; and
WHEREAS, CPEIA members are able to join the EIA as public entity members; and
WHEREAS, pursuant to Article 22 of the CPEIA Joint Powers Agreement (Agreement)
the affirmative vote of the governing bodies of three-fourths of the members are required
to terminate the Agreement; and
WHEREAS, there are no assets or other property to distribute under Article 22 of the
Agreement;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that pursuant to the provisions of Article 22 of the Agreement it elects to terminate the
CPEIA, said termination shall become effective upon the affirmative vote of the
governing bodies of three-fourths of the members.
PASSED AND ADOPTED by the Chula Vista City Council this 6th day of November,
2007 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
~~\\~\1
. \
(Insert name of governing body)
ATTEST:
Clerk/Secretary
(Insert name of governing body)
11-3
CITY COUNCIL
AGENDA STATEMENT
~'Yf:. em OF
n :f~ (HULA VISTA
NOVEMBER 06, 2007 Item /;L.
SUBMITTED BY:
REVIEWED BY:
RESOLUTION APPROVING A REQUEST FROM THE
CHULA VISTA HIGH SCHOOL BAND AND PAGEANTRY
CORP AND THE CHULA VISTA SCHOOL FOR THE
CREATIVE AND PERFORMING ARTS TO CONDUCT THE
12TH ANNUAL BAND REVIEW AND AUTHORIZING
TEMPORARY STREET CLOSURES AND WAIVING CITY
FEES FOR POLICE RVICES.
CHIEF OF POLIC
CITY MANAGER
ITEM TITLE:
4/5THS VOTE: YES D NO ~
BACKGROUND
The Chula Vista High School Band and Pageantry Corps, in conjunction with the Chula
Vista School for the Creative and Performing Arts, is requesting permission to conduct an
organized band review on Saturday, November 10,2007.
ENVIRONMENTAL REVIEW
This proposed activity has been reviewed for compliance with the California
Environmental Quality Act (CEQA) and it has been determined that the activity is not a
"Project" as defined under Section 15378 of the State CEQA Guidelines because it will
not result in a physical change in the environment; therefore, pursuant to Section
15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no
environmental review is necessary.
RECOMMENDATION
That Council adopts the resolution approving the waiver of City fees for police services
and authorizing temporary street closures for the organized band review subject to staff
conditions.
BOARDS/COMMISSION RECOMMENDATION
N/A
12-1
NOVEMBER 6, 2007, 1temJL
Page 2 of3
DISCUSSION
The Chula Vista High School Band and Pageantry Corps, and the Chula Vista School for
the Creative and Performing Arts (band review sponsor), is requesting permission to
conduct their 12th Annual Band Review parade on SatUrday, November 10, 2007. The
parade will consist of approximately thirty marching bands and marching groups and
over 1,500 participants competing against one another for top honors and awards.
The participating groups in the parade will stage on the east side of Sears, 500 "I" Street.
The proposed parade route ",ill take place going west on "I" Street to Broadway, south on
Broadway to "K" Street, and east on "K" Street to the Chula Vista High School football
stadium.
The parade is scheduled to take place between 8:00 AM and 11:00 AM. The street
closures would be in effect from approximately 7:30 AM to II :30 AM to allow for the
dispersion of parade participants.
The Police Department will monitor the progress of the parade, and will close and
subsequently reopen streets and intersections as quickly as possible. The sponsor will
also provide teaching staff to accompany each band to monitor the progress of the parade.
A diagram of the parade route is attached.
The street closures will have an impact on City bus service in the area. Transit has agreed
to cancel and re-route bus service in the area during the parade, and erect signs of the
interruption of service.
Staff approval is reconnended subject to the following conditions:
1. Prior to the event, Chula Vista High School (Chula Vista School for the Creative
and Performing Arts - parade sponsor) shall provide evidence, acceptable to the
City, of connercial general liability insurance in the amount of $5 million in the
form of a Certificate of Insurance and Policy Endorsement naming the City of
Chula Vista as additional insured.
2. Adequate police coverage at the event as determined by the Police Department
through coordination with the Department's Special Events Coordinator. The
parade route will be marshaled by Police and Police Department volunteers.
3. Adequate traffic control equipment and devices as determined by the Police
Department. The sponsor will be responsible for renting or purchasing the
equipment and delivering and removing it from designated locations.
4. Posting and removal of "No-Parking" signs along the parade route.
5. Removal of adequate portable toilets and trash receptacles at the parade staging
area and at Chula Vista High School.
12-2
NOVEMBER 6, 2007, Item~
Page 3 00
6. Provide a letter acceptable to the City Attorney from the sponsors in which they
agree:
a. Not to sue the City, its agents and employees from any act arising
from the Band Review; or
b. To defend, indemnify, release, protect and hold harmless, the City, its
agents and employees from any and all liability arising from the Band
Review, excluding only that liability which may arise from the sole
negligence or sole willful conduct of the City.
The Chula Vista High School Marching Band and Pageantry Corps has also made a
formal request to the Mayor and Council asking that fees associated with police
services for this year's Annual Band Review be waived (Attachment C). In
calculating fees for police service, staff estimates it will cost approximately $20,904.
The cost was calculated based upon police services from 6:30 AM until II :30 AM.
The cost includes the use of Department volunteers (Senior Volunteers, Police
Explorers, etc) to offset further staffmg needs.
The Annual Band Review is expected to draw 30 participating bands and pageantry
groups from the San Diego Region, as well as portions of Southern California. As in
the past, the Band Review provides a positive image and venue for the youth in our
community.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property
holdings within 500 feet of the boundaries of the property which is the subject of this
action.
FISCAL IMPACT
Staff estimates it will cost approximately $22,000 to provide Police coverage at the event
(calculated at full-cost recovery rates). These costs will be absorbed in the Police
Department budget; therefore no additional appropriations are required.
ATTACHMENTS
Parade Route
Request from Chula Vista School for the Creative and Performing Arts
Letter from City Manager Garcia
Prepared by: Edward Chew, Administrative Services Manager, Police Department
12-3
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CHULA VISTA SCHOOL FOR THE
CREATIVE AND PERFORMING ARTS
~..,.
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RON BOLLES - FACILITATOR
OFACE: (619) 691.5775
FAX: (619) 427.5824
E-mail: directoron@vahoocom --
820 FOURTH AVENUE
CHULA VISTA, CA. 91911
fUcv:..vecf Cf/IB/01
RECEIVED SEP 1 9 2007
City of Chula vista
276 Fourth Ave.
Chula vista, Ca 91910
iJ J. 01;)..<1. Lj~
fo1eu (!ciaf5
Attn: Jim Thomson
City Manager
The Chula vista Band Review is being held on Saturday,
November 10, 2007. The parade runs down Broadway Ave.
from "I" Street to "K" Street (see attached map). This
event will be run as it has been for the last 7 years.
As in the past your office has been very helpful with the
smooth operation and success of our event. We sincerely
appreciate what you do for us. We are requesting the
police services and street barricades fees to be waived
as in the past. We sincerely appreciate the City of Chula
vista's help with all the preparations for our Chula Vista
Band Review.
Sincer,e~.T
/1 /(.,~
Zig Kanstul
Band Director
(619)427-7B60
o
@
A NATIONAL GRAMMY SIGNATURE SCHOOL WINNER
A CALIFORNIA STATE GOLDEN BELL AWARD WINNER
A SAN DIEGO COUNTY "BEST PRACTICES" AWARD WINNER
12-5
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.......~......-..
ellY OF
CHUIA VISfA
OFFICE OFTHE CITY MANAGER
September 26, 2007
Zig Kanstul
Band Director
Chula Vista School for the
Creative and Performing Arts
820 Fourth Avenue
Chula Vista, CA 91911
Dear Mr. Kanstul:
I have reviewed your request for City assistance for the upcoming Chula Vista Band
Review on November 10, 2007. I understand the City has supported this event in the
past, and we will continue to support this event for 2007. The costs to the City
associated with staging this parade for the Police Department alone are approximately
$22,000. Due to our current and continuing budget crisis, we will be unable to continue
our support for this event in the future. We will need to discuss options for reducing the
City cost to stage this event next year.
Best wishes for another successful event this November. Please contact me if you
have any questions on this issue.
DRG:dt
cc: Mayor and Councilmembers
Police Chief
Assistant City Manager Tulloch
Public Works Director
Special Events Coordinator
12-6
276 FOURTH AVENUE' CHULA VISTA' CALIFORNIA 91910' (619) 691-5031 . FAX (619) 409-5884
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A REQUEST FROM THE CHULA
VISTA HIGH SCHOOL BAND AND PAGEANTRY CORP AND
THE CHULA VISTA SCHOOL FOR THE CREATIVE AND
PERFORMING ARTS TO CONDUCT THE 12TH ANNUAL BAND
REVIEW AND AUTHORIZING TEMPORARY STREET
CLOSURES AND WAIVING CITY FEES FOR POLICE
SERVICES.
WHEREAS, the Chula Vista High School Band and Pageantry Corps, in
conjunction with the Chula Vista High School (Chula Vista School for the
Creative and Performing Arts - parade sponsor), is requesting permission to
conduct an organized band review on Saturday, November 10, 2007; and
WHEREAS, the proposed parade route will take place going west on "I"
Street to Broadway, south on Broadway to "K" Street, and east on "K" Street to
the Chula Vista High School football stadium. The parade is scheduled to take
place between 8:00 AM and 11 :00 AM. The street closures would be in effect
from approximately 7:30 AM to 11 :30 AM to allow for the dispersion of parade
participants; and
WHEREAS, Chula Vista High School (Chula Vista School for the Creative
and Performing Arts - parade sponsor) will provide evidence of insurance in the
form of a Certificate of Insurance and policy endorsement, acceptable to the City,
in the amount of $5 million dollars naming the City of Chula Vista as additional
insured, and their insurance company as primary; and
WHEREAS, the Chula Vista High School (Chula Vista School for the
Creative and Performing Arts - parade sponsor) will provide adequate traffic
control equipment and "no parking" signs as specified by the Chula Vista Police
Department; and
WHEREAS, the Chula Vista High School (Chula Vista School for the
Creative and Performing Arts - parade sponsor) will provide adequate police
coverage at the event as determined by the Chula Vista Police Department; and
WHEREAS, all City-owned property will be returned to pre-use condition;
and
WHEREAS, a letter of acceptance shall be provided to the City Attorney
from Chula Vista High School (Chula Vista School for the Creative and
Performing Arts - parade sponsor) in which Chula Vista High School (Chula
Vista School for the Creative and Performing Arts - parade sponsor) agrees to
not sue the City, its agents and employees for any act arising from the 1ih
Annual Band Review; and to defend, indemnify, release, protect and hold
hanmless, the City, its agents and employees from any and all liability arising
12-7
from the 12th Annual Band Review, excluding only that liability which may arise
from the sole negligence or sole willful conduct of the City; and
WHEREAS, the event organizers are requesting that the fees for police
services and transit services be waived.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Chula Vista does hereby approve the request from Chula Vista High School
(Chula Vista School for the Creative and Performing Arts - parade sponsor) to
conduct the 12th Annual Band Review on Saturday, November 10th, 2007,
temporarily closing streets along the parade route subject to staff conditions, and
waiving associated fees for police service.
Presented by
Approved as to form by
flft-
Richard P. Emerson
Chief of Police
~
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12-8
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CITY OF
CHUlA VISTA
Other Budget Reductions Submitted
Fiscal Year 2007-08
138 50 Eng & GS 1 0 ($93,701)
Eliminate one Engineering Tech II from Traffic Engineering.
139 50 Eng & GS 0 1 ($76,988)
Eliminate one Development Services Technician from the
Engineering front counter.
140 50 Police 1 0 ($67,149)
Eliminate one Evidence Control Assistant position.
141 50 Eng & GS 0 1 ($62,710)
Eliminate one painter and add funding to contract out some
painting jobs.
142 50 Public Works 2 0 ($137,883)
Eliminate Storm Drain Crew (Senior Maintenance l;Vorker and
Maintenance Worker 1/11) and related equipment.
143 45 Administration 0 1 ($112,000)
Eliminate Special Events Planner position.
144 45 Police 3 0 ($201,447)
Eliminate three Community Service Officer positions.
145 45 City Attorney 1 0 ($157,706)
Eliminate one Deputy City Attorney 1/1 position.
146 45 Police 1 0 ($134,823)
Eliminate one Police Agent from the Property Crimes Unit.
147 45 Police 1 0 ($134,823)
Eliminate one Police Agent from the Property Crimes Unit.
148 45 Police 1 0 ($134,823)
Eliminate one Police Agent from the Property Crimes Unit.
149 45 Finance 0 1 ($58,312)
Eliminate on Accounting Assistant position from Treasury.
150 45 Recreation 0 0 ($38,226)
Reduce hourly staffing for youth athletics progroms (indoor
soccer, sports camps, volleyball and basketball leagues).
/2,1-
~lf?
~
CITY OF
CHUIA VISTA
Other Budget Reductions Submitted
Fiscal Year 2007-08
151 40 Public Works 1 2 ($228,126)
Eliminate twa Gardener 1/11 pasitions, a Parks Supervisor, and
related equipment.
152 40 Public Works 1 1 ($219,235)
Eliminate one Street Maintenance Crew (Sf Maintenance
Worker and Equipment Operator) and associated equipment
153 40 Police 0 1 ($127,179)
Eliminate the Public Information Officer position.
154 40 Non-Departmental 0 0 ($119,520)
Further reduce outside agency funding.
155 40 Public Works 0 1 ($62,520)
Eliminate one Tree Trimmer posItion.
156 40 Public Works 0 0 ($51,500)
Eliminate graffiti removal contract.
157 40 Nature Center 0 0 ($23,000)
Reduce advertising and promotional expenses (brochures and
other printed materials).
158 40 Recreation 0 0 ($21,583)
Close the Veterans, Parkway, Otoy and Montevalle Centers os
well as the Parkway Gym on Sundays.
159 40 Nature Center 0 0 ($16,000)
Reduce building maintenance and funds for onimol
acquisitions.
160 40 Police 0 2 ($244,874)
Eliminate two Peace Officers from the Street Team.
161 40 Police 0 2 ($244,874)
Eliminate Two Peace Officers from the Patrol division.
162 35 Police 0 0 ($88,326)
Eliminate the Special Weapons And Tactics (SWA T) Program
(savings from overtime and services & supplies).
163 35 Eng & G5 1 0 ($81,596)
Eliminate one Electronic/Equipment Instafler position.
/2, / - 2-
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em' OF
CHULA VISTA
Other Budget Reductions Submitted
Fiscal Year 2007-08
164 35 Police 0 0 ($55,992)
Eliminate the Mobile Field Force Program.
165 35 Recreation 0 0 ($41,787)
Reduce hourly staffing hourly staffing for Aquatics progroms.
166 35 Police 0 1 ($122,437)
Eliminate one Peace Officer from Patrol.
167 30 Recreation 0 0 ($13,655)
Close Norman Park Center at 4:00 pm Mondays through
Wednesday (currently closes at 10:00 pm).
168 30 Recreation 0 0 ($34,683)
Reduce hourly staff of park supervision at Veterans,
IV!ontevol/e & Saft Creek community parks.
169 30 Police 0 2 ($244,874)
Eliminate two Peace Officers from the Street Team.
170 30 Police 0 2 ($244,874)
Eliminate two Peace Officers from the Street Team.
171 30 Eng & G5 0 0 ($225,770)
Eliminate hourly budget for custodial services.
172 30 Eng & G5 1 1.5 ($122,035)
Close Animal Shelter on Mondays. Eliminate 0.5 Office
Specialist, 1.0 Senior Office Specialist and 1.5 Animal Care
Assistant (Savings somewhat offset by addition of 0.5
Registered Veterinarian Technician and increase in hourly
budget).
173 30 Finance 0 1 ($108,320)
Eliminate Fiscal Services Analyst position.
174 30 Fire 1 0 ($126,805)
Eliminate the Disaster Preparedness Manager position.
175 25 Public Works 2 0 ($198,057)
Eliminate Sr Maintenance Worker, Public Works Supervisor
and related equipment from Street Maintenance.
176 25 Police 2 0 ($181,290)
Eliminate two Police Dispatcher positions.
//) i
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CHUIA VISTA
Other Budget Reductions Submitted
Fiscal Year 2007-08
177 25 Eng & GS 0 1 ($77,710)
Eliminate second Painter position.
178 25 Police 0 1 ($61,219)
Eliminate one Schaal Resource Officer position.
179 20 Eng & GS 0 0 ($8,507)
Eliminate hourly Animal Control Officer.
180 20 Police 0 4 ($244,874)
Eliminate four School Resource Officer positions.
181 20 Police 0 2 ($244,874)
Eliminate Two Peace Officers from the Patrol division.
182 20 Police 0 2 ($244,874)
Eliminate Two Peace Officers from the Patrol division.
183 15 Eng & GS 1 0 ($73,861)
Eliminate one Animal Control Officer position.
184 15 Police 1 0 ($67,149)
Eliminate one Community Service Officer position.
185 15 Public Works 0 0 ($20,000)
Deactivate all illuminated street signs (800 citywide).
186 15 Public Works 0 2 ($179,675)
Eliminate Tree Trimming Crew (Tree Trimmer and Senior Tree
Trimmer) and related equipment.
187 15 Police 0 1 ($155,086)
Eliminate the Street Team Police Sergeant position.
188 15 Police 0 1 ($155,086)
Eliminate one Police Sergeant from the School Resource
Officer program.
189 15 Public Works 2 0 ($153,687)
Eliminate Graffiti Crew (Senior Maintenance Worker and
Maintenance Worker 1/11).
190 10 Recreation 0 0 ($11,006)
Scale back morning/weekend lap swim program - reduce or
eliminate hours of operation of program at both pools
!-I
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ClIYOF
CHULA VISTA
Other Budget Reductions Submitted
Fiscal Year 2007-08
191 10 Police 0 1 ($134,823)
Eliminate the Street Team Police Agent position.
192 10 Police 0 1 ($122,437)
Eliminate one Peace Officer from the Street Team.
193 5 Police 0 1 ($67,412)
Eliminate one Police Agent from the School Resource Officer
program.
194 0 Recreation 0 0 ($15,067)
Eliminate Rec Swim in the Fall, Winter and Spring and on
Saturdays, reduced Rec Swim an Tue/Thurs evenings at
Parkway. No Rec swim on Sundays.
195 0 Nature Center 0 0 ($13,385)
Reduction in veterinary services and animal food.
REPORT SUMMARY 24 37.5 ($6,710,235)
/'2 ,I -
~
?
~(~ CITY OF
ICl (HULA VISTA
OCT8~~ltj~Jv .';"Item~3
ITEM TITLE:
AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 2.52 OF THE CHULA VISTA
MUNICIPAL CODE REGARDING CAMPAIGN
CONTRIBUTIONS
JOAN F. DAWSON, DEPUTY CITY ATTORNEY Qdf)
CITY ATTORNEY CtyY'\. f
SUBMITTED BY:
REVIEWED BY:
4/5THS VOTE: YES D NO 0
BACKGROUND
On September 25, 2007, at the request of the City Council, the City Attorney's Office
presented a report to the Council regarding the City's campaign contributions ordinance,
found at Chula Vista Municipal Code Chapter 2.52. The City Attorney's Report is
attached as Exhibit A. In August, the City Council asked the City Attorney's Office to
provide the report outlining the ambiguities with the existing ordinance and proposing
language to clarify the ambiguities without making any substantive changes to the
existing ordinance or adding any new concepts. The Council's August request was
prompted by questions raised by candidates during the 2006 election cycle.
Originally, on March 20, 2007, the City Council voted to form an Ad Hoc Committee to
review the campaign contribution ordinance. The Council directed the Committee to
review implementation of the ordinance, which was previously amended in 2004. The Ad
Hoc Committee met several times in noticed public meetings during the summer of 2007
to discuss the existing campaign contribution ordinance.
The City Attorney's Office prepared its September report by reviewing the language of
the existing ordinance, on its face, meaning the actual words used, and as it has been
applied to issues raised during the general election in June 2006 and the special election
in November 2006; gathering information from the City Clerk on questions raised during
the 2006 election cycle; considering the discussions of the Ad Hoc Committee; and
responding to the City Council's direction to the City Attorney in August 2007. On
September 25, 2007, the City Council voted to approve several policy changes to the
existing ordinance, and directed the City Attorney's Office to incorporate those changes
into the existing ordinance and return to Council with a revised ordinance for first
reading. (See, Exhibit B.) The Council also requested that the City Attorney respond to
several questions, discussed more fully in the Discussion section below. Finally, the
13-1
OCTOBER 23, 2007, Item~
Page 2 of 5
Council requested that the City Attorney prepare a draft ordinance for first reading and
present that draft ordinance to a reconstituted Campaign Contribution Ad Hoc
Committee, comprised of Michael German, Humberto Peraza, John Riess, and Peter
Watry. The Ad Hoc Committee met in two noticed public meetings on October II, 2007,
and October 16,2007. The Ad Hoc Committee has provided a report that is attached to
this document for Council's review. (See, Exhibit C.)
ENVIRONMENTAL REVIEW
The proposed ordinance involves an activity that is not a "project" as defined under
section 15378(a) of the State California Environmental Quality Act [CEQA] guidelines
because it will not result in either a direct physical change in the environment or a
reasonably foreseeable indirect physical change in the environment; therefore, pursuant
to section 15060 (c)(3) of the State CEQA guidelines the activity is not subject to CEQA.
RECOMMENDATION
That the City Council hold the first reading of the ordinance.
DISCUSSION
On September 25, 2007, the City Council approved several policy changes to the
campaign contribution ordinance. The Council voted to (I) use "single election contest"
as the benchmark to define limits; (2) remove the ability of candidates to suspend or lift
the $300 contribution limit and the loan limit when an opponent uses personal funds; and
(3) lower the loan limit from $20,000 to $5,000. Those changes have been incorporated
into the ordinance before the Council for first reading. A strikeout ordinance is also
attached that compares the existing ordinance with the proposed ordinance before the
Council. (See, Exhibit B.) Please note that the portions set forth in the strikeout ordinance
attached in all capital letters are additional changes made at the request of the Council
following the September 25, 2007 meeting. The remaining strikeouts are those approved
by the City Council in September.
On September 25, 2007, the Council also requested that the City Attorney return with
information on three provisions on making those provisions consistent with the California
Political Reform Act. The requested information is as follows:
Question 1: The Council asked the City Attorney to research how to make the statute of
limitations in the ordinance consistent with state law, specifically the Political Reform
Act, and also consistent with other provisions of the Municipal Code.
Response: Enforcement provisions of the Political Reform Act are found at Government
Code sections 91000 through 91015. Section 91000(a) provides that "[a]ny person who
knowingly or willfully violates any provision this title is guilty of a misdemeanor."
Generally, prosecution of misdemeanors must be commenced within one year after
commission of the offense. Penal Code S 802(a). A misdemeanor prosecution is
commenced when a prosecutor files a complaint. Penal Code S 805. All misdemeanor
violations of the Chula Vista Municipal Code must be prosecuted within one year. See
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OCTOBER 23, 2007, Item~
Page 3 of5
CYMC S 1.01.010 (adopting by reference state codes, except where deleted or modified
by specific provisions of the Municipal Code).
Under state law, there are limited exceptions to a one-year statute of limitations for
misdemeanors. The limited exceptions are found in Penal Code section 802 (b) through
(d); those exceptions do not include violations of the Political Reform Act. However, the
Political Reform Act, at Government Code section 91000(c), sets forth a four-year statute
of limitations for prosecution. If the City Council chooses to be consistent with both the
Chula Vista Municipal Code and Penal Code, a one-year statute of limitations is
recommended for criminal prosecution. However, the Council has the option of adopting
the longer four-year statute of limitations contained in the Political Reform Act. The
options are set forth in the draft ordinance at section 2.52.140(J).
Regarding the statute of limitations for filing of civil and administrative actions, the
Political Reform Act provides a four-year statute of limitations for civil actions and a
five-year statute of limitations for administrative actions. The statute of limitations for
administrative actions may be tolled for a period of concealment. The language set forth
at proposed section 2.52.140(K) is verbatim with the Political Reform Act.
At the request of the Council to be consistent with the Political Reform Act, additional
language is added at section 2.52.150(C) taken from the Political Reform Act that limits
liability under the ordinance to candidates, paid campaign staff, and any others who have
campaign filing or reporting obligations. Section 2.52.140(D)
Question 2: The Council asked the City Attorney to research intent provisions and to
make them consistent with the Political Reform Act.
Response: The proposed language set forth in section 2.52.150 is consistent with the
Political Reform Act. For criminal violations, the Political Reform Act makes it unlawful
for a person to "knowingly or willfully" violate the act, cause another to violate the act,
or aid and abet another person. For civil or administrative actions, the Political Reform
Act requires a finding of intentional or negligent violation. The draft ordinance has been
revised to make all the intent provisions internally consistent. Also, to be consistent with
the Political Reform Act, language was added to section 2.52.150(D), taken verbatim
from the Political Reform Act: "Whether or not a violation is inadvertent, negligent, or
deliberate, and the presence or absence of good faith shall be considered in applying the
remedies and sanctions of this chapter."
Question 3: The Council requested that the period of time in which prohibited
contributions can be returned without violation, set forth in section 2.52.090, be
consistent with the Political Reform Act. Councilmembers thought it was ten days, and
they requested a ten-day window for return.
Response: As a general rule within the Political Reform Act, contributions may be
returned: "A candidate for state elective office may return all or part of any contributions
to the donor who made the contributions at any time, whether or not other contributions
are returned; except a contribution that the candidate made for state elective office to his
or her own controlled committee." Gov't Code S 85319. However, a contribution of$IOO
13-3
OCTOBER 23, 2007, Item~
Page 4 of 5
or more must be returned within sixty days of receipt if the candidate or committee has
not obtained the contributor's name, address, occupation, and employer. Gov't Code S
85700(a). It is recommended that if the Council desires to have a parallel provision
regarding return of prohibited contributions, the sixty-day benchmark is used. It has been
incorporated into the proposed ordinance before the Council.
Additional Changes:
The City Attorney's Office has made the following additional clarifications to the
ordinance, which are not substantive changes, but are necessary to clarifY Council's
intent stated on September 25, 2007:
I) Section 2.52.020(C): Inserted date of December 6, 2007, as effective date of
ordinance. Also, defined business days as "Monday through Friday and
excluding City holidays."
2) Section 2.52.030(F): The City Clerk requested that a definition be added to
clarifY the meaning of "same City elective office" set forth in the carry-over
provision at section 2.52.040(H). The specific question was whether a
candidate can carry over contributions raised in connection with one election
for City elective office to pay campaign contributions incurred in connection
with a subsequent election for a different City elective office. For example,
can a candidate who runs for one numbered Council seat in one election carry
contributions over to a subsequent election for a different numbered Council
seat? The carry-over provision at section 2.52.040(H) limits the ability to
carry-over to the same elective office, meaning same Council seat, not any
Council seat. At the request of the City Clerk, the further definition was added
to provide greater clarity to the existing provision.
3) Section 2.52.030(M): The Political Reform Act is now included as a defined
term.
4) Section 2.52.050(A): At the Council meeting on September 25, 2007, the
Council requested additional clarification be added to the definition of loan to
make it clear that loans are personal funds contributed by a candidate "with
the intent to receive repayment of those funds."
5) Section 2.52.060(A): A grammatical clarification was added to be clear that
the notice must be provided prior to expenditure or contribution of the
personal funds.
6) Section 2.52.060(A): The notice provision was also clarified, based on
Council direction, that once a candidate contributes $5,000 per single election
contest, all additional contributions by a candidate above that threshold must
be noticed.
Also, please note again that the portions set forth in the strikeout ordinance attached in all
capital letters are additional changes made at the request of the Council following the
September 25, 2007, meeting. The remaining strikeouts are those approved by the City
Council in September.
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OCTOBER 23, 2007, Item~
Page 5 of5
DECISION MAKER CONFLICT
The ordinance is not site specific; therefore, no conflict exists pursuant to California
Code of Regulations section l8704.2(a)(1).
FISCAL IMPACT
None.
ATTACHMENTS
Exhibit A: City Attorney Report dated September 25, 2007
Exhibit B: Strikeout Ordinance
Exhibit C: Report from the Ad Hoc Committee
J:\Atlomey\JDA WSON\Agcndll Stalen1C1'1ts\CampaIKn Finam::e\Campaign contributions_lo.23_07.doe
13-5
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EXHIBIT A
em OF
CHUIA VISTA
OFFICE OF THE CITY ATTORI'-lEY
REPORT TO THE HONORABLE MAYOR
AND CITY COUNCIL
TO:
Honorable Mayor and City Council
VIA:
City Attorney Ann Moore Q. (1/\ .
Joan F. Dawson, Deputy City Attorney9"'JP
September 25, 2007
FROM:
DATE:
RE:
Campaign Contribution Ordinance
INTRODUCTION
On August 14, 2007, the City Council directed the City Attorney to return to
Council with a Report outlining the ambiguities with the existing campaign contribution
ordinance, found at Chula Vista Municipal Code Chapter 2.52, and proposing language to
clarify these ambiguities without making any substantive changes or adding any new
concepts. As requested by the City Council, the City Attorney's Office has prepared this
Report, which discusses questions raised by the existing campaign contribution ordinance
and analysis of those questions. Attached to this Report, as Exhibit A, are recommended
changes in ordinance form, with explanatory notes included. As directed, the City
Attorney's Office has worked to make language changes to the 2004 ordinance to clarify
its existing intent, and not to add any new concepts. The recommended changes are
highlighted in blue. The portions of the proposed ordinance that are underlined and in red
highlight policy questions that require Council determination. Also, attached at Exhibit B
is a summary of the existing campaign contribution ordinance, approved by the Council
in 2004. Attached at Exhibit C is the actual 2004 ordinance, for reference.
BACKGROUND
In 2004, the City Council amended the Chula Vista Municipal Code to add a
revised Chapter 2.52 regarding campaign contributions. This amendment was the result
of a process started in November 2001, when the City Council asked then-City Attorney
John Kaheny to return to the Council with a revi,sed campaign contribution ordinance. In
2001, the San Diego County Board of Supervisors appointed a nine-member San Diego
Election Campaign Finance and Control Commission to create a model ordinance and use
it as a tool in drafting local ordinances. City Attorney Kaheny recommended a complete
l3-6
276 FOURTH AVENUE' CHULA VISTA' CAUilillRWIA 91910' (619) 691-5037' FAX (619) 409-5823
Honorable Mayor and City Council
September 25,2007
Page 2
review of ChuIa Vista's campaign contribution provisions, in part as a result of the work
of the County Commission.
The City's 2004 ordinance revisions were based on the model ordinance
developed by the County Commission and modified to meet the needs of Chula Vista.
The revised ordinance also included provisions adopted from other jurisdictions. Prior to
its approval by the Council, the 2004 ordinance was prepared and reviewed by an Ad Hoc
Committee, which included a member of the Charter Review Commission, the Ethics
Commission, then-CounciImember Patty Davis, and former CounciImember John Moot.
The 2004 ordinance is summarized in Exhibit B. to this Report. The ordinance itself is
contained in Exhibit C.
In 2007, it was brought to the Council's attention that the revised 2004 campaign
ordinance had areas of ambiguity that needed review and possible revision. The revised
ordinance had been in place for two elections, the general election in June 2006 and the
special election in November 2006.
On March 20,2007, the City Council voted to form a new Ad Hoc Committee to
review the 2004 campaign contribution ordinance. The Council determined that the
Committee should be composed of one member each from the previous Ad Hoc
Committee on campaign finance, the Charter Review Commission, and the Board of
Ethics. The Council directed the Ad Hoc Committee to review implementation of the
2004 ordinance. Councilmember Ramirez stated.he wanted to limit discussions on
increasing campaign contribution limits, allowing others besides individuals to contribute
to candidates, or on anything else that would expand the ordinance.
The new Ad Hoc Committee was formed with former CounciImember John Moot,
who served on the prior campaign finance committee, serving as the Chair. Also on the
Committee were Michael German from the Board of Ethics and Humberto Peraza from
the Charter Review Commission. City staff members assisting the Ad Hoc Committee
were City Clerk Susan Bigelow, Assistant City Clerk Donna Norris, Deputy City
Attorney Joan Dawson, and Legal Assistant Cheryl Ponds. The Committee thoroughly
reviewed the existing ordinance, including inforination on implementation from City
Clerk Susan Bigelow.
In preparing this Report, the City Attomey's Office has done a thorough review of
the language of the ordinance, gathered information from the City Clerk on questions
raised during the 2006 election cycle, considered the discussion of the Ad Hoc
Committee, and responded to the City Council's request of the City Attorney in August
2007. The City Attorney's Office has prepared a draft ordinance, attached as Exhibit A,
13-7
rlTV n......,...w"ill.^ \11~""'A
Honorable Mayor and City Council
September 25, 2007
Page 3
with reco=ended changes to clarify the existing provisions of the 2004 ordinance, and
not to change existing intent or add new concepts.
DISCUSSION
A. Areas of Ambilruitv
The City Attorney's Office has reviewed the 2004 campaign contribution
ordinance on its face, meaning the actual words used, and as it has been applied to issues
raised during the general election in June2006 and the special election in November
2006. As noted above, a su=ary of the 2004 ordinance is attached to this Report as
. .
Exhibit B. The existing ordinance is attached as Exhibit C.
As reported by the City Clerk, portions of the 2004 ordinance have caused
confusion for candidates and for the City Clerk's Office. The areas of concern are related
to (1) the noticing provisions and (2) suspension of contribution and loan limits. The
City Attorney's review of the ordinance also found inconsistencies related to (3) the
written notice to contributors, (4) the intent required for a violation of the ordinance,
and (5) the terminology used in the ordinance that could be clarified in certain
provisions. These five areas of concern and/or mconsistency are discussed in detail, as
follows.
1. Noticing Provisions
Questions Presented: As reported by the City Clerk, the following questions have
been raised by candidates regarding the noticingprovisions for personal loans (meaning
personal funds a candidate loans himself or herself) and personal funds spent by a
candidate:
· Does a personal loan (a loan by a candidate to himself or herself) require
noticing?
· Is notification for the use of personal funds in excess of $5,000 required more
than once, if a candidate continues to. contribute to him or herself amounts of
more than $5,000? As an example, if a candidate contributes $6,000 to his or
her campaign and provides notice, must the candidate provide new notice ifhe
or she contributes another $1,000 or $5,000?
· During what period of time does the $5,000 threshold for noticing apply,
during a campaign for a single election contest, meaning the generallprimary
election or the speciallrun-off election, or during the entire campaign for a
single elective office, including both the generallprimary election and the
speciallrun-off election?
13-8
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Honorable Mayor and City Council
Septernber25,2007
Page 4
· What if a candidate spends or loans himself or herself personal funds that
requires noticing, but the candidate fails to provide notice, can his or her
opponents suspend contribution limits?
Analysis: The answer to the first question, whether a candidate has to give notice
to his or her opponents if the candidate plans to loan him or herself personal funds, is not
clearly provided on the face of the ordinance. However, the ordinance clearly requires a
candidate to give notice to opponents when the candidate intends to spend or contribute
more than $5,000 in personal funds "in connection with an election campaign." CYMC
92.52.l00(A). This ambiguity regarding noticing of personal loans is further caused by
the fact that a candidate may suspend the $300 campaign contribution limit if his or her
opponent lends himself or herself any amount of money. CYMC'9 2.52.090(D). If a
candidate can suspend the $300 contribution limit when an opponent loans himself or
herself money, how is the candidate to know about the opponent's loan without a
noticing requirement?
As a general rule, statutory provisions should be read and construed as a whole in
harmony with other provisions relating to the same general subject. Lubey v. City and
County of San Francisco, 98 Cal. App. 3d 340,347-48 (1979). See also Moyer v.
Worhnen's Compo Appeals Bd., lOCal. 3d 222,230 ("the various parts of a statutory
enactment must be harmonized by considering the particular clause or section in the
context of the statutory framework as a whole").
Existing section 2.52.100 requires a candidate to provide notice to opponents and
the City Clerk when the candidate intends to spend or contribute more than $5,000 in
personal funds. The purpose of this notice is to allow opponents to suspend the $300
contribution limit, as allowed by section 2.52.1 OO(B), up to the amount of personal funds
used. The Council's intent with this provision was to level the playing field, to allow a
candidate who does not have the ability to contribute personal funds to seek more money
from supporters. Section 2.52.090(D) provides a candidate with the same ability to level
the playing field when an opponent has made a loan of personal funds to a campaign,
allowing a candidate to suspend the $300 contribution limit up to the amount of the
opponent's personal loan. When reading the 2004 ordinance as a whole, the noticing
requirement for the use of personal funds should be read to apply to personal loans. A
candidate should be required to provide notice when he or she loans himself or herself
any amount of money because the suspension of the contribution limits is triggered by "a
candidate who has made a loan to his or her campaign," pursuant to section 2.52.090(D).
The reco=ended change to clarifY the noticing provision is contained at proposed
section 2.52.060, attached at Exhibit A.
. 13-9
C":JTY nF="'~I..:iiTII 6 \/IC'T/\
Honorable Mayor and City Council
September 25, 2007
Page 5
Regarding the second question on noticing, it is clear that a candidate must
provide notice when he or she spends or contributes more than $5,000 of personal funds
"in connection with an election campaign." CYMC S 2.52.l00(A). However, it is not
clear whether a candidate must provide new notice with each additional contribution
above the $5,000 threshold. If the intent is to level the playing field, it follows that once a
candidate has reached the $5,000 threshold, each contribution thereafter should require
separate notice. This would allow the candidate's opponents to lift the contribution limits
to keep up with the candidate's use of personal funds. This ambiguity should be
addressed by adding clarifying language. Suggested language is found in section 2.52.060
of the proposed ordinance, at Exhibit A.
The third question relates to whether the $5,000 threshold applies to a campaign
for a single election contest .or a campaign for a single elective office (meaning for both
the general/primary and the special/run-off elections). The language of existing section
2.52.100(A) states, "No candidate or other person shall expend or contribute more than
$5,000 in personal funds in connection with an election campaign unless and until the
following conditions are met. . . ." Election campaign appears to imply the entire
campaign for a single elective office, rather than each individual election (or "single
election contest"). This interpretation would mean that a candidate could not spend more
than $5,000 during the entire election cycle without providing notice. However, the
majority of the rules regarding contributions contained in the ordinance relate to limits
for a single election contest, not the entire campaign. As an example, a candidate may
receive $300 from a contributor in the general/primary election and another $300 in the
special/run-off election. The Council shoUld clarify the meaning of "election campaign,"
contained within existing section 2.52.100(A), in order for the City Attorney's Office to
make the appropriate changes in the ordinance. This policy question is highlighted in red
and underlined in the proposed ordinance, at sections 2.52.040(1) and 2.52.060, in
Exhibit A.
Thefourth question regarding noticing is' whether a candidate may suspend the
contribution limits if his or her opponent has not provided proper notice of the use of
personal funds as required by the ordinance. The answer based on the plain language of
existing section 2.52.l00(B) appears to be "no." However, this interpretation does not
capture the intent of the suspension provisions, which is to level the playing field. It is
recommended that the Council add a provision allowing a candidate to suspend limits if
there has been notice provided by an opponent or if the candidate discovers the use of
personal funds and/or personal loans by an opponent through a campaign disclosure
statement. The recommended language is added in the attached proposed ordinance, at
sections 2.52.040(1) and 2.52.050(C) in Exhibit A.
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Honorable Mayor and City Council
September 25, 2007
Page 6
2. Suspension of Limits
Questions Presented: The 2004 ordinance allows candidates to suspend the
campaign contribution and loan limits under certain circumstances. As reported by the
City Clerk, the following questions have been raised by candidates regarding the
suspension of limits:
· Can a candidate suspend contribution limits if he or she knows that his or her
opponent has failed to provide the required notice? If so, when can the
candidate suspend the limits? Does he or she have to wait until the next filing
deadline to find out before suspending the limits?
· When there is a suspension of limits, what portion of a contribution counts
toward leveling the playing field, the. entire amount of the contribution, or the
amount in excess of$300?
· Should the suspension of limits be limited to the single election contest
(general or special election) in which an opponent contributes more than
$5,000 in personal funds or any amount in personal loans, or for the entire
election cycle (general and special elections)? In other words, should the
ability to suspend the limits carry over from the general to the special
election?
· Does the personal loan limit of $20,000 apply to both a general/primary
election and a special/run-off election together, or does the loan limit apply to
each single election contest?
Analysis: Regarding the first question of what a candidate can do if there is a
failure by an opponent to properly notice .a use of personal funds, this question was also
raised and discussed in the subsection regarding noticing, above. The intent of the
suspension provisions is to level the playing field. If a candidate were only pennitted to
suspend the limits with proper notice by an opponent, the candidate would be penalized
for failure of an opponent to comply with the noticing requirements. It is reco=ended
that the Council clarify this provision, by allowing a candidate to suspend limits when
there has been actual notice, as required by the ordinance, or when there has been
discovery through a campaign filing state:ment. The recommended language is added in
the proposed ordinance, at sections 2.52.040(1) and 2.52.050(C), at Exhibit A.
The second question that has been raised is what portion of a contribution counts
toward leveling the playing field, under a suspension of limits, the entire amount of the
contribution or only the amount in excess of $300? One provision in existing sections
2.52.090(0) and 2.52.1 QO(B) states that a. candidate can receive contributions "in excess"
of the $300 limit up to the amount of the personal loan or personal funds deposited by an
opponent. The next sentence in each of these sectioils states that the contributions that
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Honorable Mayor and City Council
September 25, 2007
Page 7
count toward leveling the playing field are those "within or in excess" of the limitation.
This second sentence is conceptually flawed. There is no limit to the number of$300
contributions a candidate may receive. Therefore, conceptually, the use of the
phrase"within or" does not make sense and should be deleted from existing sections
2.52.090(D) and 2.52.100(B). This deletion has been made in the proposed ordinance, at
Exhibit A.
Regarding the third question on the period of time permitted for a suspension of
the loan and/or contribution limits, the existing ordinance states that the suspension shall
continue from the date an opponent makes a loan of any amount or contributes personal
funds of more than $5,000 until the candidate receives contributions equaling the amount
of the personal loan or personal funds deposited into the opponent's campaign
contribution account. Does this mean the'suspension oflimits carries over from a
general/primary election to a special/run~off election for the same elective office? This
question requires analysis of the language in relation to other provisions of the existing
ordinance.
Certain provisions in the ordinanc,e relate limits to a "single election contest." The
ordinance defines "single election contest" as either a general or special election. CYMC
S 2.52.030(M). The campaign contribution limit of $300 applies to a single election
contest, allowing a candidate to accept $300 from a contributor for the general/primary
.election and another $300 from the same contributor in a special/run-off election. CYMC
S 2.52.040(A).
In existing section 2.52.090(C), the $20,000 personal loan limit applies to the
"campaign" of a "candidate for elective city office," which implies it is an aggregate limit
for the entire election cycle. Further, the notice requirement for personal contributions of
more than $5,000 is "in connection with an election campaign," as contained in existing
section 2.52.1 OO(A). However, '~campaign" and "election campaign," as used in existing
sections 2.52.090(C)(loan limit) and 2.52.100(A)(noticing provision), are not defmed.
A candidate running for city office may have to participate in both a
general/primary election and a special/run-off election. Both elections are for a single
elective office, and both will require a CaInpaign~ Therefore, it follows that when the
2004 ordinance refers to a "campaign" for city office or an "election campaign," the
intended meaning is the entire election cycle. Further, the 2004 ordinance allows a
candidate to carry over contributions from the general election to a special election
(CYMC 2.52.040(0)). Taken together, these provisions imply the Council's intent was to
allow a candidate to continue suspension of limits for the entire campaign, including both
the general election and the special election. If it is the Council's intent that a candidate
be permitted to carry over a suspension oflimits.from a general to a special election, this
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September 25, 2007
Page 8
provision should be clearly set forth. This policy clarification by the Council is needed, as
highlighted in red and underlined, at sections 2.52.040(1) and 2.52.050(C) of the
proposed ordinance, at Exhibit A.
Regarding the fourth question on the loan limit of $20,000, the existing ordinance
states, "A candidate for elective city office may not personally loan to his or her
campaign an amount in excess of $20,000." Given the plain language of this provision
and the analysis provided above, it appears the Council's intent was to place the $20,000
loan limit on the entire campaign, meaning both the general and special elections. It is
requested that the Council address this policy question by reviewing the proposed
language at section 2.52.050(A) of the proposed ordinance, at Exhibit A.
3. Written Notice to Contributors.
Existing section 2.52.080 requires candidates to provide written notice to
contributors regarding the contribution limits. Pursuant to the 2004 ordinance, the
required notice must provide that Chula Vista's ordinance limits contributions to both
candidates and candidate-controlled committees, and independent expenditure
committees, to $300 per contributor. However, the ordinance does not regulate
independent expenditure committees, such as the Republican or Democratic Parties.
According to the City Clerk, some independent expenditure committees are local
committees, some are state committees, and most are multi-purpose committees. A
candidate has no control over these committees. It is recommended that the notice be
changed by deleting reference to independent expenditure committees to reflect the intent
of the existing 2004 ordinance.
4. Intent
The City Attorney's review of the 2004 ordinance found that the existing
ordinance is inconsistent as to the intent required to prove a violation. At current section
2.52.060(C), it states a candidate must "knowingly" accept a payment or contribution to
be in violation. "Knowingly" as used there is a specific intent, meaning to violate the
chapter a candidate must not only accept and expend a contribution in violation of the
chapter, but must know that accepting and expending the contribution is in violation.
Elsewhere, at section 2.52.180(A), the criminal violation requires a "willful" act, which
means purposeful, without the specific intent of "knowingly." To prove a civil violation,
a candidate must "intentionally or negligently" violate the provisions of the chapter. It is
recommended that the City Council consider changing the intent language so that it is
consistent throughout the ordinance.
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Honorable Mayor and City Council
September 25, 2007
Page 9
5. Terminology
Tbroughout the 2004 ordinance, there are inconsistencies with use of terminology.
There are extra words that could be deleted. Further, there are ways to make the
ordinance more reader-friendly. Analysis of the inconsistencies identified by the City
Attorney's Office, as well as proposed changes, is set forth more fully below. Also,
please refer to the notes attached to the proposed ordinance, at Exhibit A, for specific
details on words that have been deleted or sections that have been moved and/or
renumbered.
B. Recommended Chane:es
Upon review of the 2004 ordinance, the City Attorney's Office has restructured
the existing ordinance to clarify existing provisions and address the areas of concern
discussed above as well as the other issues described below. Most of the reco=ended
restructuring involves moving provisions that relate to the same subject matter under
consolidated section headings. The goal is to have all of the rules regarding contributions,
loans, and noticing requirements grouped together.
A proposed amendment to the 2004 ordinance is attached as Exhibit A with notes
indicating the proposed changes. New language, which is either re-written or added to
.clarify provisions, is highlighted in blue in the proposed ordinance. Language highlighted
in red and underlined in the proposed ordinance requires a policy decision by the
Council. Please refer to the notes attached to Exhibit A for specific and detailed
information on renumbered provisions and on terminology that has been deleted because
it is redundant or inconsistent.
Analysis of the reco=ended changes is as follows:
1. Section 2.52.020/Interpretation of chapter
Subsection C is new language, adding a "grandfather provision" to address how
any new provisions will relate to existing 'councilmembers with campaign accounts,
funds, or debts and existing candidates with campaign accounts, funds, or debts.
2. Tbroughout the ordinance, reference to "candidate for city elective office"
should be replaced with "candidate." The extra words are not necessary because
"candidate" is presently defined at section 2.52.030(C), as "any individual seeking any
city elective office, the candidate's campaign committee, co=ittee(s) controlled by the
candidate, agents of the candidate."
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Honorable Mayor and City Council
September 25, 2007
Page 10
3. Section 2.52.030IDef"mitions
Add definition for "campaign contribution account." This term is used in the 2004
ordinance at section 2.52.140. The term should be added to the defInition section because
that is good legislative drafting practice. The proposed defInition is consistent with
existing section 2.52.140, and Government Code section 85201.
4. Section 2.52.030IDef"mitions
Delete definition for "intermediary" because it is not used elsewhere in the
ordinance.
5. Section 2.52.040/Campaign contributions
Recommend title change to be more reader friendly. Also, all of the provisions
regarding the same subject matter of contributions to candidates have been moved from
elsewhere in the chapter and brought under this section. The purpose is to have all of the
rules regarding campaign contributions in one section for ease of reading and
understanding.
6. Section 2.52.040(I)(proposed subsection)/Campaign contributions
Recommend adding this subsection regarding suspension of the campaign
contribution limits here. The rules regarding suspension are taken from sections
2.52.090(D) and 2.52.100(B) of the 2004 ordinance.
7. Section 2.52.090 (proposed number 'Change )/Return of prohibited
contributions
Existing sections 2.52.070(A) and (B) are inconsistent in that subsection A calls
for return of prohibited contributions within three business days and subsection B calls
for return of prohibited contributions within 24 hours of discovery. The recommended
change incorporates the "three business days" tirneline. Also, it is recommended that
subsections A and B of the existing 2004 ordinance be combined into one subsection for
ease of reading because both subsections deal with the tirneframe for return of
contributions. Existing section C then would become the new subsection B. The entire
existing section is moved to section 2.52.090. .
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Honorable Mayor and City Council
September 25, 2007
Page 11
8. Section 2.52.100 (proposed number change)/Written solicitation by
candidates
The 2004 ordinance requires candidates making written solicitations to include a
notice on all solicitations. The requisite notice states that the City's campaign
contribution ordinance limits contributions to both candidate-controlled committees and
"to regulated independent expenditure committees." However, candidates cannot control
independent expenditure committees. Further, the existing campaign contribution
ordinance does not intend to place limits on independent committees. It is recommended
that the language of the requisite notice be revised to accurately reflect the legal
provisions and intent of the existing ordinance.
9. Section 2.52.090 (existing)/Loans and Section 2.52.100 (existing)!
Notice regarding use of personal funds
Under the 2004 ordinances, certain provisions within these two sections are
inconsistent; therefore, these sections will be addressed together in this Report. It is
recommended that all provisions regarding loans be moved into a new section 2.52.050,
and the noticing provisions for both personal funds and loans be moved into a new
section 2.52.060.
The existing rules regarding loans are as follows:
· A loan or extension of credit from the maker of the loan, other than a
commercial lending institution, is considered a contribution subject to the
$300 limit. (CYMC 9 2.52.090).
· A candidate may not personally loan to his or her campaign more than
$20,000. (CYMC g2.52.090(C)). Presently, it is not clear whether a candidate
who loans himself or herself money is required to notify opponents. Noticing
is required when a candidate expends or contributes more than $5,000 in
personal funds.
· If a candidate loans himself or herself funds, each opponent can solicit and
receive, and contributors to the opponent may make, contributions in excess
of the $300 limit contained in CVMC 2.52.040 up the amount of the
candidate's loan. The limits shall be suspended from the date the candidate
made a loan. (CVMC 9 2.52.090(D)).
· If a candidate gives notice of use of personal funds in an amount of more than
$5,000, as required by CYMC 2.52.100, then each opponent is not bound by
the loan limitation of $20,000, to ~e extent the amount of personal funds
contributed exceeds $20,000. (CVMC 9 2.52.090(E)).
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Honorable Mayor and City Council
September 25,2007
Page 12
Simply put, all loans equal contributions, except when from a commercial lending
institution; a candidate may not make a personal loan of more than $20,000 to his or her
campaign; if a candidate makes a personal loan of any amount, the other candidates may
suspend the $300 contribution limit up to the amount of the loan; and a candidate may
suspend the loan limit of $20,000 if an opponent is using personal funds in an amount of
more than $20,000 and provides notice.
The existing rules regarding personal funds are as follows:
· There is no limitation on personal funds a candidate may contribute; however,
if a candidate contributes more than $5,000 in personal funds in connection
with an election campaign, there is a notice requirement. (CVMC S
2.52.100(A)). Written notice must be provided to all opponents and the City
Clerk within a specified time, and the funds must first be deposited into the
candidate's campaign contribution account.
· If a candidate provides notice of the use of personal funds of more than
$5,000, each opponent may solicit and receive, and contributors may make,
contributions in excess of $300.00 up to the amount of personal funds.
The City may not restrict a candidate's use of personal funds because to do so
would be an infringement of the candidate's First Amendment right to free speech (see
Buckley v. Valeo, 424 U.S. 1,57 (1976); however, reporting and disclosure requirements
placed upon a candidate may be imposed.
The 2004 ordinance places a disclosure requirement on a candidate who intends to
spend more than $5,000 in personal funds in connection with an election campaign. As
explained in sections A (1) and (2) of this Report, an issue was raised in the 2006 election
as to whether the 2004 ordinance places a disclosure requirement on a candidate who
intends to loan himself or herself personal funds with the intent to repay the loan to
himself or herself. The ambiguity is one of the reasons for the City Council's referral to
the Ad Hoc Committee earlier this year for review of the 2004 ordinance. For the reasons
set forth in Sections A (1) and (2) of this Report; it is recommended that this ambiguity
be clarified by clearly stating that the notice requirement now applies to both situations
involving the use of personal funds (outright contributions and personal loans ). The
recommended changes are found in the proposed section 2.52.090(C).
Also, within existing sections 2.52.090/Loans and 2.52.1001N0tice regarding use
of personal funds, there are provisions related to lifting of the $300 campaign
contribution limit. This was the provision addedin 2004 to give candidates the
opportunity to level the playing field when an opponent uses personal funds or a personal
loan. If the Council intends to maintain the ability of candidates to suspend the $300
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Honorable Mayor and City Council
September 25, 2007
Pagel3
contribution limit under certain circumstances, it is reco=ended that the rules regarding
suspension be incorporated into the section regarding campaign contribution limits so it is
easier for the reader to follow and understand. The reco=ended revision is found at
proposed section 2.52.040(I).
The City Attorney is also reco=ending that the Council review the language
regarding what amount of contributions count toward leveling the playing field when
there has been a suspension of the limits. The current ordinance provides that all
contributions received within or in excess of the $300 contribution limit count. As noted
in section A of this Report, the use of the phrase "within" does not make sense because a
candidate may collect as many $300 contributioIi.s as the candidate is able. It is
recommended that the words "within or" be deleted.
Finally, in proposed section 2.52.040(I), it is reco=ended that the Council
clarify whether the suspension of the $300 contribution limit carries over from a general
to a special election. In proposed sections 2.52.050(A) and 2.52.050(C), it is
recommended that the Council clarify whether the loan limit of $20,000 and the ability to
suspend this limit apply to a campaign fOf a single election contest (one election) or
single elective office (the general/primary and the special/run-off elections together).
10. Section 2.52.100(A)(existing)
This section begins with the provision: "No candidate or other person shall
expend or contribute more than $5,000 in personal funds in connection with an election
campaign unless and until the following conditions are met. . . ." (italics added). It is
recommended that the Council delete the words. "or other person." These words are
inconsistent with other provisions of the 2004 ordinance. Pursuant to the 2004 ordinance,
no person can expend or contribute more than $300 to a candidate for a single election
contest, unless there has been a suspension of the contribution limit. Contributions from
other people to a candidate are reported in campaign statements. CVMC 9 2.52.100. If
the Council's inclusion of "or other person" was intended to require a candidate to notice
opponents of any contributions accepted pursuant to suspended limits, it seems that this
notice requirement can be accomplished through the campaign reporting provisions. If
the Council desires that candidates provide opponents with more i=ediate notice of
contributions accepted in excess of limits, the language "or other person" should be
clarified because the noticing is done by a candidate, not a contributor.
11. Section 2.52.130 (proposed number change )/Duties of City Clerk
Recommend changing word "apparent" to "alleged" in reference in subsection
(D) and adding reference to existing section 2.52.170, that it is the duty of the City Clerk
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Honorable Mayor and City Council
September 25, 2007
Page 14
to report "alleged violations of this chapter filed pursuant to CYMC 2.52.!40(E) and
applicable state law to the enforcement authority." "Alleged" is used elsewhere in the
ordinance and more properly refers to allegations brought pursuant to the complaint
process that have not been proven to be true at that point in the process. Using "apparent"
violations requires the City Clerk to exercise judgment in making referrals to the
enforcement authority. Under the 2004 ordinance only, it is the sole authority of the
"enforcement authority" to make determinations of probable cause and take enforcement
action.
12. Section 2.52.140 (proposed number change)/Enforcement
Recommend replacing words "special counsel" with "enforcement authority," a
defmed term in the 2004 ordinance, where reference is intended to refer to the
"enforcement authority."
13. Section 2.52.150 (proposed number change)/Penalties
Recommend that the City Council consider changing the criminal intent to be
consistent. At current section 2.52.060(C), it states a candidate must "knowingly" accept
a payment. "Knowingly" as used there is a specific intent, meaning to violate the chapter
a candidate must not only accept a contribution ill violation of the chapter, but must also
know accepting the contribution is in violation. Elsewhere, at section 2.52.180(A), the
criminal violation requires a "willful" act, which means purposeful, without the specific
intent of "knowingly." Further, a civil violation may be brought against any person "who
intentionally or negligently" violates any provision. "Intentional" is similar to the
criminal intent of "knowingly." "Negligently" is a lower standard. It is recommended that
the City Council consider amending the intent language to be consistent throughout the
ordinance.
CONCLUSION
As directed by the City Council, the City Attorney's Office will prepare an
ordinance for first reading that incorporates any or all of the proposals set forth in this
Report.
Exhibit A:
Exhibit B:
Exhibit C:
Proposed Revisions to 2004 Ordinance
Summary of2004 Ordinance
Actual 2004 Ordinance (Chula Vista Municipal Code Chapter 2.52)
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EXHIBIT A
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City Attorney's Office
Proposed Revisions to Existing Ordinance
2.52.010
Purpose and intentpDl].
In enacting this chapter, the City Council finds and declares that moderate
monetary contributions to political campaigns are a legitimate form of participation in the
American political process. It is the policy of this City to protect the integrity of the
electoral process, and the best interests of the citizens of this City are served by
regulating campaign fInance.
Inherent in the high cost of election campaigning is the problem of improper
influence, real or potential, exercised by campaign contributors over elected officials. It is
the purpose and intent of the City Council in enacting this chapter:
A. To preserve an orderly political forum in which individuals may express
themselves effectively;
B. To place realistic and enforceable limits on the amounts of money that
may be contributed to political campaigns in City elections;
C. To prohibit contributions by organizations and permit contributions by
individuals only;
D. To provide full and fair enforcement of all the provisions of this chapter;
and
E. To encourage candidate adherence to election regulations by making them
easier to understand.
2.52.020
Interpretation ofthis chapter.
A.
The terms and phrases in this chapter shall be defIned as those terms and
phrases are defmed in the Political Reform Act of 1974, as amended (Government Code,
J:\A1tomeyIJDAWSON\campaignfin.u1ceordinance.revised.9.10.doc
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Ordinance No.
Section 81000 et seq.) and in regulations adopted by the Fair Political Practices
Commission[JD2], unless otherwise specified in this chapter.
B. The [JD3]terms of this chapter are applicable to any contributions made to a
candidate or candidate-controlled committee, whether used by the candidate to finance a
current campaign or to pay debts incurred in prior campaigns.
C.
Revisions (1D4]to this chapter take effect on
and are
applicable to all contributions received by candidates seeking City elective office in the
general election of June 2008 and any election thereafter. Any candidate for City elective
office participating in the general election of June 2008 shall have a grace period of 60
days from the effective date, as stated in this paragraph, to repay any campaign
contributions made or received prior to the effective date of the revisions in conflict with
or in violation of any provisions of this chapter. .A candidate repaying any campaign
contributions or loans during this 60-day grace period shall provide written notice to the
City Clerk of the repayment within three business days of the repayment.
2.52.030 Defmitions.
A. "Agent" means a person who acts on behalf or at the behest of any other
person or accepts a contribution on behalf of a candidate. If an individual acting as an
agent is also acting as an employee or member of a law, architectural, engineering or
consulting firm, or a similar entity or corporation, both the entity or corporation and the
individual are "agents."
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Ordinance No.
B. "At the behest" means made under the control or at the direction of, in
cooperation, consultation, coordination, or concert with, at the request or suggestion of,
or with the express prior consent of.
C. [JD5]"Campaign contribution account" is that account in which all
contributions or loans made to the candidate shall be deposited, as required by
Government Code section 85201.
D. "Candidate" means any individual seeking any City elective office, the
candidate's campaign committee, committee(s) controlled by the candidate, agents of the
candidate.
E. "City campaign statement" means the statement which, to the extent
practicable, shall be similar to or consolidated with that required by state law.
F. "City elective office" means the offices held by the Mayor or members of
the City Council.
G. "Contribution" is defined in a manner identical with the definition found
in Government Code Section 82015 and any related provisions in the California Code of
Regulations.
H. "Enforcement authority," under this chapter, means that special counsel
appointed by the City Attorney pursuant [JD6]to CYMC 2.52.140.
1. "General election" is that election identified by Charter Section 900 that is
combined with the California State primary election.
J. "Independent expenditure committee" is as defmed in Government Code
Sections 82013 and 82031 which supports or opposes in whole or in part a candidate for
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Ordinance No.
city elective office if contributions are made to said committee with the intent that they,
or a comparable amount of funds otherwise owned by, or under the control of, the
committee be used to support or oppose a particular candidate for a city elective office.
This type of committee is not controlled by the candidate[JD7].
K. "Organization" means a proprietorship, labor union, firm, partnership,
joint venture, syndicate, business, trust, company, corporation, association, or committee,
including a political action committee.
L. "Person" means a natural individual.
M. "Single election contest" means either a general or special election.
N. "Special election" defined in Charter Section 901, means a municipal
election other than a general election that may be held by authority of the Charter or of
any law.
2.52.040
A.
Campaign contribution limits/rules and suspension[JD8].
No person, other than a candidate, shall make a contribution in excess of
$300.00 to a candidate for a single election contest. No candidate shall solicit or accept a
contribution in excess of $300.00 from a contributor for a single election contest. A
candidate may receive up to $300.00 from a contributor in each of the general and special
elections. This $300.00 limit on contributions by individuals may be suspended only on
the conditions set forth in CVMC 2.52.040(1).
B[lD9]. No organization shall make a contribution to any candidate or candidate-
controlled campaign committee. This chapter shall not apply to contributions made to a
Ordinance No.
qualification for the ballot or adoption of one or more city measures. All contributions
made by a person whose contribution activity is financed, maintained or controlled by an
organization or any other person shall be deemed to be made by that organization or other
person. If the contribution is deemed made by an organization, it is prohibited.
C. No [JDlo]individual, or combination of individuals acting jointly, shall
make directly or indirectly a contribution in the name of another individual or
combination of individuals.
D. Contributions [JDll]by a husband and wife shall be treated as separate
contributions and shall not be aggregated where the checks are drawn separately and
signed by the spouse making the contribution. Contributions by a husband and wife shall
be treated as separate even if combined into one check but presented with two signatures.
E. No [JD12]perSOn shall make a contribution to any candidate, and no such
candidate shall accept from any person such a contribution earlier than eleven months
preceding a single election contest.
F. A [JD13]contribution for an election may be accepted by a candidate after
the date of the election only to the extent that the contribution does not exceed net debts
outstanding from the election, and the contribution does not otherwise exceed the
applicable contribution limit for that election.
G. A [JD14]candidate may not solicit or accept contributions for a special
election prior to the holding of the general election for that office.
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Ordinance No.
H. A [JD15]candidate may carry over contributions raised in connection with
one election for City elective office to pay campaign expenditures incurred in connection
with a subsequent election for the same City elective office.
I. A [JDI6]candidate who has received notice of an opponent's use of personal
funds of more than $5,000 aggregate and .any amount thereafter, or a personal loan of any
amount, either pursuant to CVMC 2.52.060 or as discovered in any campaign filing
statement, [for a single election contest. or campaign for single elective office 1 shall
[JD17]be permitted to solicit and receive, and contributors to each such opponent may
make, contributions in excess of the $300.00 pet person limit set forth in CVMC
2.52.040(A).[JD18] The $300.00 limit for individual contributions contained in CYMe
2.52.040(A) shall be suspended from the date the candidate's opponent deposits the
personal funds, including a personal loan, into his or her campaign contribution account.
The suspension of the $300.00 limit shall continue until the candidate receives
contributions, in excess of the $300.00 limit, up to the amount of personal funds,
including a personal loan, deposited by the candidate's opponent in his or her campaign
contribution account. Those contributions received in [JD19]eXCeSS of the $300.00 per
person limit shall count toward equaling the amount of personal funds, including a
personal loan, deposited by the candidate's opponent in his or her campaign contribution
account.
13-26
Ordinance No.
2.52.050 Loans/rules and suspension.
A. A [JD2o]candidate shall not loan to his or her campaign personal funds in an
amount in excess of $20,000 [Note: $20,000 per campaign for single election contest or
single elective office??l. except as set forth in CVMC 2.52.050(C).
B. A [JD21]loan or extension of credit shall be considered a contribution from
the maker of the loan or extender of credit and shall be subject to the contribution limit of
$300.00 per person, pursuant to CVMC 2.52.040. The [JD22]$300.00 contribution limit
does not apply to loans made to a candidate for the purpose of a campaign by himself or
herself or by a commercial lending institution in the lender's regular course of business
on terms available to members of the general public for which the candidate is personally
liable.
C. A [JD23]candidate shall not be bound by the loan limit of $20,000 where the
candidate has received notice by an opponent, pursuant to CVMC 2.52,060, or has
discovered in any campaign filing statement that the opponent intends to spend or
contribute personal funds of more than $20,000 [in a campaign for a single election
contest or for a single elective office??l. If a candidate's opponent spends or contributes
personal funds of more than $20,000 in a campaign [for a single election contest or for a
single elective office?l, the candidate may loan himself or herself personal funds in an
amount of more than $20,000 up to the amount of personal funds spent or contributed by
the opponent in excess of $20,000.
13-27
Ordinance No.
2.52.060 Notice regarding personal funds and loans[JD24].
If a candidate spends [JD25]Or contributes personal funds of more than $5,000, or
loans himself or herself personal funds of any amount, in connection with a campaign for
[single election contest or single elective office?l, a candidate shall do all of the
following:
A. Provide written notice of the candidate's intent to spend or contribute
more than $5,000 of personal funds, or to. loan himself or herself any amount of personal
funds, to the City Clerk and all opponent candidates. The notice shall be delivered
personally or sent by registered mail to the last known address of the opponent candidates
as shown in the records of the City Clerk and shall specify the amount of personal funds
intended to be expended, contributed, or loaned.' The notice shall also provide the date
the personal funds shall be deposited into the candidate's campaign contribution account,
as required by CVMC 2.52.070(B). Separate notice is required for anv separate deposit
of personal funds of anv amount that is a loan from a candidate to his or her campaign.
Separate notice is also required for anv separate deposit of personal funds that is a
contribution from a candidate to his or her campaign, once the candidate has spent or
contributed more than $5,000 in personal funds in connection with the campaign for fa
single election contest or for single elective office.l
B. The required notice shall be given no later than 21 days prior the election,
unless the expenditure or contribution occurs during the 21 days preceding the election,
in which case the required notice shall be provided 24 hours prior to deposit into the
candidate's campaign contribution account.
13-28
Ordinance No.
2.52.070
A.
Campaign contribution account[JD26].
The campaign contribution account required by Government Code section
85201 (a) shall be established at a financial institution located in San Diego County.
B. All [JD27]personal funds to be expended, contributed, or loaned by a
candidate shall fust be deposited in the candidate's campaign contribution account.
2.52.080 Surplus campaign funds[JD28].
A. Upon leaving any elected office, or at the end of the post-election
reporting period following the defeat of a candidate for elective office, whichever occurs
last, campaign funds under the control of a candidate shall be considered surplus
campaign funds.
B. Surplus campaign funds shall be used only for the following purposes:
I. To repay contributions.
2. To make a donation to any bona fide charitable, educational, civic,
religious, or nonprofit organization, where no substantial pact of the proceeds will have a
material fmancial effect on the candidate, any member of his or her immediate family, or
his or her campaign treasurer.
3. To pay for professional services reasonably required by the
candidate or candidate-controlled committee to assist in the performance of its
administrative functions, including payment for attorney's fees for litigation that arises
directly out of a candidate's activities or his or her status as a candidate, including, but
not limited to, an action to enjoin defamation, defense of an action brought of a violation
13-29
Ordinance No.
of state or local campaign, disclosure, or election laws, and an action from an election
contest or recount.
2.52.090 Return of prohibited contributions[JD29].
A. If a contribution is tendered and would be in violation of this chapter, it
shall be returned by a candidate to the contributor within three business days of discovery
of receipt ofthe contribution by the candidate, or his or her representative. The candidate
shall also report in writing to the City Clerk within three business days of discovery the
facts surrounding the contribution.
B. A contribution shall not be considered to be received if it has not been
negotiated, deposited, or utilized, and is returned by the candidate to the contributor
within three business days of discovery of receipt.
2.52.100 Written solicitations by candidates[JD3o].
Any candidate making a written solicitation for a contribution for his or her
campaign for City elective office shall include the following written notice in no less than
six point type on each such solicitation:
NOTICE
The City ofChula Vista Municipal Code limits contributions to campaigns for City
elective office to three hundred dollars per person.
2.52.110
Campaign statementS[JD31]
Each candidate shall file campaign statements with the City Clerk in the time and
manner as required by the Political Reform Act of 1974 as amended (Government Code
13-30
Ordinance No.
Section 84100 et seq.). Compliance with the requiremen~ of that Act shall be deemed to
be compliance with this chapter.
2.52.120 Contributions for legal defense[ID32].
Notwithstanding anything contained herein to the contrary, a payment to or for
the benefit of a Councilmember and Mayor, or candidate made and used for the express
purpose of offsetting costs already incurred by that Councilmember, Mayor, or candidate
in the defense of a criminal or administrative prosecutorial action against said
Councilmember, Mayor, or candidate and not made or used for the purpose of aiding in
the election of said Councilmember, Mayor, or candidate, and not made within (before or
after) 100 days of an election in which the Councilmember, Mayor, or candidate is
competing for a seat or office, shall not be deemed to be a contribution for the purposes
of this chapter.
2.52.130 Duties of City Clerk[JD33].
In addition to other duties required of the City Clerk under the terms of this
chapter and City Charter, the Clerk shall:
A. Supply appropriate forms and manuals prescribed by the California Fair
Political Practices Commission. These forms and manuals shall be furnished to all
candidates and committees, and to all other persons required to report.
B. Determine whether required documents have been filed and, if so, whether
they conform on their face with the requirements of state law.
Ordinance No.
D. Report alleged [JD34] violations of this chapter filed pursuant to CVMC
2.52.l40(E) and applicable state law to the enforcement authority.
E. Compile and maintain a current list of all statements or parts of statements
filed with the City Clerk's office pertaining to each candidate and each measure.
F. Cooperate with the enforcement authority in the performance of the duties
of the enforcement authority as prescribed in this chapter and applicable state laws.
2.52.140 Enforcement[JD35].
A. The City Attorney shall not investigate or prosecute alleged violations of
this chapter, but shall defend the constitutionality and legality of this chapter in any civil
proceeding in which the City or the City Council is a party.
B. The enforcement authority, as defined by this chapter, shall investigate or
prosecute alleged violations of this chapter.
C. The City Attorney shall solicit proposals from attorneys in accordance
with Section 503 of the City Charter and Chapter 2.56 CYMC to act as the enforcement
authority eleven months [JD36] prior to a general election. As part of the annual budget
process, the City Council shall appropriate no less than $100,000 to fund the retention of
special counsel to serve as the enforcement authority. These funds shall be separate from
the City Attorney's budget and used solely for the investigation and prosecution of
alleged violations of this chapter.
D. The City Attorney shall appoint a panel of no less than three attorneys to
act as the enforcement authority. These attorneys shall be compensated by the City.
Should the appointment of additional special counsel become necessary or appropriate,
13-32
Ordinance No.
the City Attorney shall appoint additional special cOWlSel as may be required. A single
member of the special counsel panel shall be assigned to each case. Assignments shall be
made on a rotating basis.
E. Complaints [JD37]of violations of this chapter shall be submitted in writing,
under penalty of peIjury, by a resident of the City to the City Clerk. The complaint shall
state a full recitation of all facts that are alleged to constitute a violation of this chapter.
The complaint must be filed within 90 days of discovery of the alleged violation, but no
later than 180 days from the date of the election.
F. The City Clerk shall forward the complaint to the enforcement authority
within five working days of receipt for a probable cause determination. If no probable
cause is determined to exist, the complaint shall be dismissed summarily and interested
parties shall be notified of the dismissal in writing.
G. If probable cause is determined to exist, the enforcement authority shall
take further investigatory and procedural steps necessary to resolve the matter.
H. Violations of this chapter may be pursued either through a civil or criminal
action at the discretion of the enforcement authority. The enforcement authority may also
commence and prosecute any necessary administrative proceedings or civil litigation to
compel compliance with this chapter. No enforcement or prosecution or action by the
enforcement authority shall be subject to the review or control of the City Attorney or
City Council.
1. The special counsel, serving as the enforcement authority, may investigate
and may institute legal action to prevent further violations. The special counsel may
13-33
Ordinance No.
decline to investigate if the allegation is also a violation Qf state law, and is the subject of
a complaint filed with the Fair Political Practices Commission.
J. Special counsel, serving as the enforcement authority, shall be immune to
liability for enforcement of chapter.
2.52.150 Penalties[JD38].
A. No [JD39]candidate shall knowingly accept a payment or contribution made in
violation of this chapter.
B. No offiCer[JD40], employee, agent or attorney or other representative of a person
covered by this chapter shall aid, abet, advise or participate in a violation of this chapter.
C. Any person who willfully [JD41]violates any provision of this chapter is guilty of a
misdemeanor. Any person who willfully causes or solicits any other person to violate
any provisions of this chapter, or who aids and abets any other person in the violation of
this chapter shall be guilty of a misdemeanor.
D. Any person who intentionally or negligently violates any provision of this
chapter shall be liable in a ciyil action brought by special counsel for an amount not more
than three times the amount the person failed to report properly or unlawfully
contributed, expended, gaye or received, or $5,000 per violation, whicheyer is greater.
In determining the amount of liability, the court may take into account the
seriousness of the violation and the degree of culpability of the defendant. If a judgment
is entered, the funds recovered shall be deposited into the City's general fund.
13-34
Ordinance No.
2.52.160
Severability[JD42] .
If any provision of this chapter, or the application of any such provision to any
person or circumstances, shall be held invalid, the remainder of this chapter to the extent
it can be given effect, or the application of those provisions to persons or circumstances
other than those as to which it is held invalid, shall not be affected thereby, and to this
end the provisions of this chapter are severable.
13-35
Page: 1
[JD1]No change to this section.
Page: 2
[JD2]Added reference to the Fair Political Practices COIIlJl1ission to be consistent with
state law.
Page: 2
[JD3]This subsection is moved from existing section 2.52.040(B) and renumbered here.
Page: 2
[JD4]This subsection is a necessary "grandfather" provision.
Page: 3
[JD5]Added this defInition, which is conSistent With state law and other references in this
chapter.
Page: 3
[JD6] The reference here to City Council in the existing ordinance is inconsistent with
existing section 2.52. 170(D), which states that the City Attorney shall appoint the
attorneys to act as the enforcement authority. The City Council authorizes an
appropriation of no less than $100,000 for payment of the attorneys.
Page: 4
[JD7]Deleted defInition of "intermediary" because it is not used elsewhere in the chapter.
Page: 4
[JD8]Renamed chapter to make it easier for the reader to understand.
Page: 4
[JD9]This is existing sections 2.52.060(A) and (B) moved and renumbered here.
Page: 5
[JDI0]This is existing section 2.52.120 moved and renumbered here. The language has
been edited to make it easier to read. The existing language states, "It is unlawful for any
individual, or combination of individuals acting jointly, to make directly or indirectly a
contribution in the name of another individual or combination of individuals."
Page: 5
[JDll]This is existing section 2.52.110 moved and renumbered here.
Page: 5
[JDI2]This is existing section 2.52.040(C) moved and renumbered here, with the word
"earlier" replacing "sooner."
Page: 5
[JD13]This is existing section 2.52.040(D) moved and renumbered here.
Page: 5
[JDI4]This is existing section 2.52.040(E) moved and renumbered here. The second
sentence of the existing section has been broken up into the next subsection for ease in
reading.
Page: 6
[JDI5]This is the second sentence of existing section 2.52.040(E) moved and renumbered
here.
Page: 6
[JDI6]This is existing sections 2.52.090(D) and 2.52.100(B) consolidated, moved and
renumbered here. The existing sections have been re-written to simplify them, but the
intent has not changed.
13-36
Page: 6
[IDI7] Existing section 2.52.100 provides that no candidate shall expend or contribute
more than $5,000 in personal funds in connection with an election campaign unless
notice is provided. "Election campaign" appears to mellIl a single election contest, the
language used throughout the ordinance. It is recommended that "election campaign" be
clarified. Also, it appears that notice is required 'even where the use of personal funds
totals $5,000, but is contributed by a candidate in lesser increments.
Page: 6
[IDI8]There is no "cut-off time" for the suspension of the $300.00 limits contained in the
existing ordinance, but it is recommended that one be established to be consistent with
existing section 2.52.040(E), which states that a candidate may not solicit or accept
contributions for a special election prior to the holding of the general election. Also, the
$300.00 loan limit applies to a single election contest, so to limit the suspension period to
the end of the current election is consistent with other provisions of the chapter.
Page: 6
[JDI9]Existing section 2.52.100(B) has an inconsistency written into the section. It
states the opponent may receive contributions "in excess" oflimits up the amount of
personal funds deposited by the candidate. It then states contributions received "within
or in excess" of the limits count toward equaling the amount of personal funds. This
ambiguity and inconsistency has created substantial confusion by candidates and the City
Clerk's Office, and should be clarified.
Page: 7
[ID20]This is existing section 2.52.090(C) moved and renumbered here.
Page: 7
[ID21]This is existing section 2.52.090(A) moved and renumbered here.
Page: 7
[ID22]This is existing section 2.52.090(B) moved and renumbered here.
Page: 7
[ID23]This is existing section 2.52.090(E) moved and renumbered here, with additional
language added to clarify the existing provision.
Page: 8
[ID24]This is existing section 2.52.100 moved and renumbered here, with new language
that adds a notice requirement for the use of loans of any amount.
Page: 8
[1025] The existing ordinance states, "No candidate or other person shall expend or
contribute more than $5,000 in personal funds in connection with an election campaign. .
. ." Use of the word "other person" is inconsistent with the other existing provisions, in
that it is in conflict with the campaign contribution limit of $300 per contributor that
forms the basis of the existing ordinance. The reference to "other person" has been
deleted in the recommended changes here.
Page: 9
[ID26]Existing section 2.52.140 moved and renumbered here, with subsections Band C
added to be consistent with state law.
Page: 9
[ID27]Existing provision from section 2.52.1 00(A)(2) moved and renumbered here.
Page: 9
[JD28]Existing section 2.52.050 moved and renumbered here.
13-37
Page: 10
[JD29]Existing section 2.52.070 moved and renumbered here. Also, existing sections
2.52.070(A) and (B) are inconsistent in that section A calls for return of prohibited
contributions within three business days and section B calls for return of prohibited
contributions within 24 hours of discovery. This inconsistency is corrected here by
making it "within three business days." Existing sections A and B have been combined
into one section.
Page: 10
[JD30]Existing section 2.52.080 moved and renumbered here. Also, reference to a limit
to contributions for independent expenditure committees is removed because this
ordinance did not intend to regulate those contributions.
Page: 10
[JD31] Existing section 2.52.150 moved and renumbered here.
Page: 11
[JD32]Existing section 2.52.150 moved and renumbered here.
Page: 11
[JD33]Existing section 2.52.160 moved and renumbered here.
Page: 12
[JD34]Changed word in existing section 2.52.160(D) from "apparent" to "alleged" to be
consistent with existing section 2.52.170(E).
Page: 12
[JD35]Existing section 2.52.170 moved and renumbered here. Recommend changing use
of phrase "special counsel" to "enforcement authority" where intent is to refer to the three
attorneys acting as the "enforcement authority" to be consistent with definitions at the
beginning of the chapter.
Page: 12
[JD36]Recommend changing from 180 days in existing section 2.52. 170(C) to eleven
months to coincide with the period in which candidates may collect contributions (see
existing section 2.52.040(C)).
Page: 13
[JD37]This subsection is rewritten from existing section 2.52.170(E).
Page: 14
[JD38]Existing section 2.52.180 moved and renumbered here.
Page: 14
[JD39]Existing sections 2.52.060(B) and (C) moved and renumbered here.
Page: 14
[JD40] Portion of existing section 2.52.060(B) regarding criminal violations moved and
renumbered here.
Page: 14
[JD41 ]Intent is inconsistent in existing chapter. Knowledge requirement from section
2.52.060(C) is added here.
Page: 15
[JD42]Existing section 2.52.190 moved and renumbered here.
13-38
EXHIBIT B
. 13-39
Summary ofthe Campaign Contribution Ordinance
Approved by the City Council in 2004
. $300 campaign contribution limit per single election (single election is defined as
general/primary or special/run-off) (CVMC 92.52.040(A))
. Contributions of a husband and wife are treated separately (CYMC 92.52.110)
. Contributions may not be made earlier than II months before an election (CVMC
92.52.040(C))
. Candidates may collect contributions after an election only to repay debts (CVMC
92.52.040(D))
. Candidates may carry over contributions from one election to pay campaign
expenses in subsequent election for same office (CYMC 92.52.040(E))
. Surplus funds can be used to repay contributions/debt, make donations to a
charitable organization, or pay for professional services related to a campaign
(CYMC 92.52.050)
. Contributions to a legal defense fund are not considered contributions under the
ordinance, as long as certain factors are met (CYMC 92.52.130)
. Candidates must open a campaign contribution account in San Diego and deposit
contributions into the account before expending them (CYMC 992.52.100,
2.52.140)
. Organizations may not contribute to candidates (CYMC 92.52.060)
. Contributions collected in violation of the ordinance must be returned (CVMC
92.52.070)
. Candidates must provide written notice of $300 contribution limit on written
solicitations (CVMC 92.52.080)
. Loans are considered contributions subject to the $300 limit, except for loans
from a commercial lending institution (CVMC 992.52.090(A), (B))
. Candidates may not loan themselves mOre than $20,000 (CVMC 92.52.090(C));
however, this loan limit does not apply t6 the extent a candidate's opponent
contributes more than $20,000 to himself or herself, in which a candidate may
increase the loan limit up to the amount of personal funds contributed by an
opponent (CYMC 92.52.090(E))
. A candidate must give written notice to his or her opponents if the candidate
intends to contribute or expend more than $5,000 in personal funds (CYMC 9
2.52.1 00); if a candidate gives this notice, an opponent may suspend the $300
contribution limit and receive contributions in excess of the $300 limit up to the
amount of personal funds contributed by the candidate (CVMC 92.52.100(B)); a
candidate may also suspend the $300 limit if his or her opponent loans himself or
herself money, up to the amount of the loan (CVMC 92.52.090(D)).
. Candidates must file campaign statements as required by state law (CYMC
92.52.160)
. Alleged violations of the ordinance are to be reported to the City Clerk, to be
investigated and/or prosecuted by special counsel designated as the "enforcement
authority" (CYMC 992.52.160,2.52.170)
13-40
· Violations may be prosecuted criminally as misdemeanors and/or through a civil
action, with specified fines; monetary judgments from a civil action are to be
deposited into the general fund (CYMe g2.52.180)
13-41
13-42
EXHIBIT C
Chula Vista Municipal Code
2.52.030
Sections:
2.52.010
2.52.020
2.52.030
2.52.040
2.52.050
2.52.060
2.52.070
2.52.080
2.52.090
2.52.100
2.52.110
2.52.120
2.52.130
2.52.140
2.52.150
2.52.160
2.52.170
2.52.180
2.52.190
Chapter 2.52
CAMPAIGN CONTRIBUTIONS*
Purpose and intent.
Interpretation of this chapter.
Definitions.
Campaign contributions.
Surplus campaign funds.
Organizational contributions.
Contribution in violation of this
chapter.
Written solicitations by candidates.
Loans.
Notice regarding personal funds.
Family contributions.
Prohibition of contribution in the
name of another individual.
Contributions for legal defense.
Campaign contribution checking
account.
Campaign statements.
Duties of city clerk.
Enforcement.
Penalties.
Severability.
. Prior legislation: Ords. 2298, 2334, 2391, 2434, 2581,
2654,2661,2769 and 2849.
2.52.010 Purpose and intent.
In enacting this chapter, the city council finds
and declares that moderate monetary contributions
to political campaigns are a legitimate form of.par-
ticipation in the American political process. It is
the policy of this city to protect the integrity of the
electoral process, and the best interests of the citi-
zens of this city are served by regulating campaign
finance.
Inherent in the high cost of election campaign-
ing is the problem of improper influence, real or
potential, exercised by campaign contributors over
elected officials. It is the purpose and intent of the
city council in enacting this chapter:
A. To preserve an orderly political forum in
which individuals may express themselves effec-
tively;
B. To place realistic and enforceable limits on
the amounts of money that may be contributed to
political campaigns in city elections;
C. To prohibit contributions by organizations
and permit individual contributions only;
D. To provide full and fair enforcement of all
the provisions of this chapter; and
E.- To encourage candidate adherence to elec-
tion regulations by making them easier to under-
stand. (Ord. 2955 ~ 1,2004).
2.52.020 Interpretation of this chapter.
The terms and phrases in this chapter shall be
defined as those terms and phrases are defined in
the Political Reform Act of 1974, as amended
(Government Code, Section 81000 et seq.), unless
otherwise specified in this chapter. (Ord. 2955 ~ 1,
2004).
2.52.030 Definitions.
A. "Agent" means a person who acts on behalf
or at behest of any other person or accepts a contri-
bution on behalf of a candidate. If an individual
acting as an agent is also acting as an employee or
member of a law, architectural, engineering or con-
sulting firm, or a similar entity or corporation, both
the entity or corporation and the individual are
"agents. "
B. "At the behest" means made under the con-
trol or at the direction of, in cooperation, consulta-
tion, coordination, or concert with, at the request or
suggestion of, or with the express prior consent of.
C. "Candidate" means any individual seeking
any city elective office, the candidate's campaign
committee, committee(s) controlled by the candi-
date, agents of the candidate.
D. ''City campaign statement" means the state-
ment which, to the extent practicable, shall be sim-
ilar to or consolidated with that required by state
law.
E. "City electi ve office" means the offices held
by members of the city council and mayor.
F. "Contributions" are defined in a manner
identical with the definition found in Government
Code Section 82015 and any related provisions in
the California Code of Regulations.
G. "Enforcement authority" means that special
counsel appointed by the city council pursuant to
CYMC 2.52.170.
H. "General election" is that election identified
by Charter Section 900 which is combined with the
state primary election.
1. "Independent expenditure committee" is as
defined in Government Code Sections 82013 and
82031 which supports or opposes in whole or in
part a candidate for city elective office if contribu-
tions are made to said committee with the intent
that they, or a comparable amount of funds other-
wise owned by, or under the control of, the com-
13-43
(Revised 7/0S)
2.52.040
mittee be used to support or oppose a particular
candidate for a city elective office. This type of
committee is not controlled by the candidate.
J. "Intermediary" means a person who delivers
to a candidate or committee or committee treasurer
a contribution from another person unless such
contribution is from the person's employer, imme-
diate family or an association to which the person
belongs. Neither candidate or treasurer is consid-
ered an intermediary.
K. "Organization" means a proprietorship,
labor union, firm, partnership, joint venture, syndi-
cate, business, trust, company, corporation, associ-
ation, or committee, including a political action
committee.
L. "Person" means a natural individual.
M. "Single election contest" means either a
general or special election.
N. "Special election" defined in Charter Sec-
tion 901, as all other municipal elections that may
be held by authority of the Charter or of any law.
COrd. 2955 ~ 1,2004).
2.52.040 Campaign contributions.
A. No person, other than a candidate, shall
make a contribution in excess of $300.00 to a can-
didate for a single election contest. No candidate
shall solicit or accept a contribution in excess of
$300.00 from a contributor for a single election
contest. A candidate may receive up to $300.00
from a contributor in each of the general and spe-
cial elections.
B. The terms of this chapter are applicable to
any contributions made to a candidate or commit-
tee hereunder, whether used by such candidate or
committee to finance a current campaign or to pay
debts incurred in prior campaigns.
C. No person shall make a contribution to any
candidate for city elective offices and no such can-
didate shall accept from any person such a contri-
bution sooner than 11 months preceding a single
election contest.
D. A contribution for an election may be
accepted by a candidate for elective city office
after the date of the election only to the extent that
the contribution does not exceed net debts out-
standing from the election, and the contribution
does not otherwise exceed the applicable contribu-
tion limit for that election.
E. A candidate for city elective office may not
solicit or accept contributions for a special election
prior to the holding of the general election for that
office. A candidate for city elective office may
carry over contributions raised in connection with
one election for elective city office to pay cam-
paign expenditures incurred in connection with a
subsequent election for the same elective city
office. COrd. 2955 ~ 1,2004).
2.52.050 Surplus campaign funds.
A. Upon leaving any elected office, or at the
end of the post-election reporting period following
the defeat of a candidate for elective office, which-
ever occurs last, campaign funds under the control
of a candidate shall be considered surplus cam-
paign funds.
(Revised 7/05)
l;j 44
Chula Vista Municipal Code
2.52.090
B. Surplus campaign funds shall be used only
for the following purposes;
1. To repay contributions.
2. To make a donation to any bona fide char-
itable, educational, civic, religious, or nonprofit
organization, where no substantial part of the pro-
ceeds will have a material financial effect on the
candidate, any member of his or her immediate
family, or his or her campaign treasurer.
3. To pay for professional services reason-
ably required by the candidate or committee to
assist in the performance of its administrative func-
tions, including payment for attorney's fees for lit-
igation that arises directly out of a candidate's
activities or his or her status as a candidate, includ-
ing, but not limited to, an action to enjoin defama-
tion, defense of an action brought of a violation of
state or local campaign, disclosure, or election
laws, and an action from an election contest or
recount. COrd. 2955 ~ 1,2004).
2.52.060 Organizational contributions.
A. No organization shall make a contribution to
any candidate or candidate campaign co=ittee.
This chapter shall not apply to contributions made
to a committee which is organized solely for the
purpose of supporting or opposing the qualification
for the ballot or adoption of one or more city mea-
sures.
B. No officer, employee, agent or attorney or
other representative of a person covered by this
chapter shall aid, abet, advise or participate in a
violation of this chapter. All contributions made by
a person whose contribution activity is financed,
maintained or controlled by an organization or any
other person shall be deemed to be made by that
organization or other person. If the contribution is
deemed made by an organization, it is prohibited.
C. No candidate shall knowingly accept a pay-
ment or contribution made in violation of this
chapter. COrd. 2955 ~ 1,2004).
2.52.070 Contribution in violation of this
chapter.
A. If a contribution is tendered and would be in
violation of this chapter, it shall be returned within
three business days of discovery.
B. Ifa contribution which is in violation of this
chapter is received by a candidate, the candidate
shall report in writing within three business days of
discovery of the receipt of the contribution to the
city clerk the facts surrounding such contribution
and shall return such contribution to the contributor
within 24 hours of discovery.
C. A contribution shall not be considered to be
received if it has not been negotiated, deposited, or
utilized, and is returned to the donor within three
business days of discovery of receipt. COrd. 2955 ~
1,2004).
2.52.080 Written solicitations by candidates.
Any candidate making a written solicitation for
a contribution for his or her campaign for city elec-
tive office shall include the following written
notice in no less than six point type on each such
solicitation:
NOTICE
Ordinance No. 2955 of the City of Chula
Vista limits contributions to campaigns for
City eiective office, either to candidate
controlled committees or to regulated inde-
pendent expenditure committees, to three
hundred dollars per contributor.
COrd. 2955 ~ 1,2004).
2.52.090 Loans.
A. A loan or extension of credit shall be consid-
ered a contribution from the maker of the loan or
extender of credit and shall be subject to lbe contri-
bution limitations of this chapter.
B. The provisions of this chapter apply to per-
sonalloans or extensions of credit, but do not apply
to loans made to a candidate by a co=erciallend-
ing institution in lbe lender's regular course of
business on terms available to members oflbe gen-
eral public for which the candidate is personally
liable.
C. A candidate for elective city office may not
personally loan to his or her campaign an amount
in excess of $20,000.
D. Each opponent ofa candidate who has made
a loan to his or her campaign pursuant to this sec-
tion shall be permitted to solicit and receive, and
contributors to such opponent may make, contribu-
tions in excess of the limits contained in CVMC
2.52.040. The limitation contained in CYMC
2.52.040 shall be suspended from the date candi-
date made said loan so that the opponent may
receive contributions in excess of lbe limitation up
to the amount loaned by lbe candidate. Those con-
tributions received within or in excess of lbe limi-
tation shall count toward equaling the amount
loaned.
E. Each opponent of a candidate or other person
who has given notice pursuant to CYMC 2.52.100
shall not be bound by the loan limitation within this
1;1-40
(Revised 8/04)
2.52.100
section to the extent the amount of personal funds
expended or contributed exceeds $20,000. (Ord.
2955 ~ 1,2004).
2.52.100 Notice regarding personal funds.
A. No candidate or other person shall expend or
contribute more than $5,000 in personal funds in
connection with an election campaign unless and
until the following conditions are met:
1. Written notice of the candidate's or other
person's intent to so expend or contribute in excess
of $5,000 shall be provided to the city clerk and all
opponent candidates. The notice shall be delivered
personally or sent by registered mail to the last
known address of the opponent candidates as
shown in the records of the city clerk and shall
specify the amount intended to be expended or
contributed; and
2. All personal funds to be expended or con-
tributed by the candidste shall fIrst be deposited in
the candidate's campaign contribution checking
account. The required notice shall be given no later
than 21 days prior to the election. If the expendi-
ture or contribution occurs during the 21 days pre-
ceding the election, the required notice shall be
provided within 24 hours.
B. Each opponent of any candidate who has
complied with the above conditions shall be per-
mitted to solicit and receive, and contributors to
each such opponent may make, contributions in
excess of the limits established in CVMC
2.52.040(A). The limitation contained in CVMC
2.52.040 shall be suspended from the date candi-
date deposited said funds so that the opponent may
receive contributions in excess of the limitation up
to the amount of personal funds deposited by the
candidate in his or her campaign contribution
checking account. Those contributions received
within or in excess of the limitation shall count
toward equaling the amount of personal funds
deposited by the candidate in his or her campaign
contribution checking account. (Ord. 2955 ~ I,
2004).
2.52.110 Family contributions.
Contributions by a husband and wife shall be
treated as separate contributions and shall not be
aggregated where the checks are drawn separately
and signed by the spouse making the contribution.
Contributions by a husband and wife shall be
treated as separate even if combined into one check
but presented with two signatures. (Ord. 2955 ~ I,
2004).
(Revised 8/04)
2.52.120 ProhIbition of contribution in the
na)lle of another individual.
It is unlawful for any individual, or combination
of individuals acting jointly, to make directly or
indirectly a contribution in the name of another
individual or combination of individuals. (Ord.
2955 ~ 1,2004).
2.52,130 Contributions for legal defense.
Notwithstanding anything contained herein to
the contrary, a payment to or for the benefIt of a
councilmember and mayor or candidate made and
used for the express purpose of offsetting costs
already incurred by that counci1member and mayor
or candidate in the defense of a criminal or admin-
istrative prosecutorial action against said coun-
ci1member and mayor, and not made or used for the
purp.ose of aiding in the election of said C.oUll-
cilmember and mayor or candidate, and not made
within (before or after) 100 days of an election in
which the councilmember and mayor or candidate
is competing for a seat or office, shall not be
deemed to be a c.ontribution for the purposes of this
chapter. (Ord. 2955 ~ I, 2004).
2.52.140 Campaign contribution checking
account.
The campaign account required by Government
Code Section 8520I(a) shall be established at a
fInancial institution located in San Diego County.
(Ord. 2955 ~ 1,2004).
2.52.150 Campaign statements.
Each candidate and committee shall ille cam-
paign statements in the time and manner required
by the Political Reform Act of 1974 as amended
(Government Code Section 84100 et seq.). Com-
pliance with the requirements of that Act shall be
deemed to be compliance with this chapter. (Ord.
2955 ~ 1,2004).
2.52.160 Duties of city clerk.
In addition to other duties required of the city
clerk under the terms of this chapter and city Char-
ter, the clerk shall:
A. Supply appropriate forms and manuals pre-
scribed by the California Fair Political Practices
Commission. These forms and manuals shall be
furnished to all candidates and committees, and to
all other persons required to report.
B. Determine whether required documents
have been fIled and, if so, whether they conform on
their face with the requirements of state law.
1;:1 4b
Chula Vista Municipal Code
2.52.190
C. Notify promptly all person and known com-
mittees who have failed to file a document in the
form and at the time required by state law.
D. Report apparent violations of this chapter
and applicable state law to the enforcement author-
ity.
E. Compile and maintain a current list of all
statements or parts of statements filed with' the
clerk's office pertaining to each candidate and each
measure.
F. Cooperate with the enforcement authority in
the performance of the duties of the enforcement
authority as prescribed in this chapter and applica-
ble state laws. (Ord. 2955 ~ I, 2004).
2.52.170 Enforcement.
A. The city attomey shall not investigate or
prosecute alleged violations of this chapter, but
shall defend the constitutionality and legality of
this chapter in any civil proceeding in which the
city or the city council is a party.
B. Special counsel shall investigate or prose-
cute alleged violations of this chapter.
C. The city attorney shall solicit proposals from
attorneys in accordance with Section 503 of the
city Charter and Chapter 2.56 CVMC to act as spe-
cial counsel 180 days prior to a city election. As
part of the annual budget process, city council shall
appropriate no less than $ I 00,000 to fund the reten-
tion of special counsel. Said funds shall be separate
from the city attomey's budget and used solely for
the investigation and prosecution of alleged viola-
tions of this chapter.
D. The city attorney shall appoint a panel of no
less than three attorneys to act as special coulisel.
Said attorneys shall be compensated by the city and
shaIl serve as the enforcement authority for this
chapter. Should the appointtnent of additional spe-
cial counsel become necessary or appropriate, the
city attorney shall appoint such additional special
counsel as may be required. A single member of
the special counsel panel will be assigned to each
case. Assignments will be made on a rotating basis.
E. Complaints of violation of this chapter shall
be submitted in writing, under penalty of perjury,
by a resident of the city to the city clerk. Said com-
plaint shall state the full allegation of facts that
would constitute a violation of the code. The com-
plaint must be fIled within 90 days of discovery of
the alleged violation, but no later than 180 days
from the date of the election.
F. The city clerk shaIl forward the complaint to
the randomly assigned special counsel from the
panel of attomeys appointed by the city attorney
1;j-41
within five working days of receipt for a probable
cause d~termination. If no probable cause is deter-
mined'to exist the complaint shall be dismissed
summarily and interested parties shall be notified
in writing.
G. If probable cause is determined to exist, spe-
cial counsel shall take further investigatory and
procedural steps necessary to resolve the matter.
H. Violations of this chapter may be pursued
either through a civil or criminal action at the dis-
cretion of the special counsel. Special counsel may
also commence and prosecute any necessary
administrative proceedings or civil litigation to
compel compliance with this chapter. No enforce-
ment or prosecution or action of special counsel
shall be subject to the review or control of the city
attorney or city council.
I. Special counsel may investigate and may
institute legal action to prevent further violations.
The special counsel may decline to investigate if
the allegation is also a violation of state law and is
the subject of a complaint filed with the fair politi-
cal practices commission.
J. Special counsel shall be immune to liability
for enforcement of chapter. (Ord. 2955 ~ 1,2004).
2.52.180 Penalties.
A. Any person who willfully violates any pro-
vision of this chapter is guilty of a misdemeanor.
Any person who willfully causes or solicits any
other person to violate any provisions of this chap-
ter, or who aids and abets any other person in the
violation of this chapter shall be guilty of a misde-
meanor.
B. Any person who intentionally or negligently
violates any provision of this chapter shall be liable
in a civil action brought by special counsel for an
amount not more than three times the amount the
person failed to report properly or unlawfully con-
tributed, expended, gave or received, or $5,000 per
violation, whichever is greater.
In determining the amount ofliabiIity, the court
may take into account the seriousness of the viola-
tion and the degree of culpability of the defendant.
If a judgment is entered, the funds recovered shall
be deposited into the city's general fund. (Ord.
2955 ~ I, 2004).
2.52.190 Severability.
If any provision of this chapter, or the applica-
tion of any such provision to any person or circum-
stances, shall be held invalid, the remainder of this
chapter to the extent it can be given effect, or the
application of those provisions to persons or cir-
(Revised 8/04)
2.52.190
cumstances other than those as to which it is held
invalid, shall not be affected thereby, and to this
end the provisions of this chapter are severable.
(Ord. 2955 g 1,2004).
(Revised 8/04)
13-48
EXHIBIT B
STRIKE-OUT
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 2.52 OF THE CHULA VISTA
MUNICIPAL CODE REGARDING CAMPAIGN
CONTRIBUTIONS
2.52.010- _Purpose and intent.
In enacting this chapter, the "City "Council finds and declares that moderate
monetary contributions to political campaigns are a legitimate form of participation in the
American political process. It is the policy of this "City to protect the integrity of the
electoral process, and the best interests of the citizens of this "City are served by
regulating campaign finance.
Inherent in the high cost of election campaigning is the problem of improper
influence, real or potential, exercised by campaign contributors over elected officials. It is
the purpose and intent of the "City "Council in enacting this chapter:
A. To preserve an orderly political forum in which individuals may express
themselves effectively;
B. To place realistic and enforceable limits on the amounts of money that
may be contributed to political campaigns in "City elections;
C. To prohibit contributions by organizations and permit individual
contributions only;
D. To provide full and fair enforcement of all the provisions of this chapter;
and
I
1'3-49
Ordinance No.
E. To encourage candidate adherence to election regulations by making them
easier to understand.
2.52.020- _Interpretation of this chapter.
A. The terms and phrases in this chapter shall be defined as those terms and
phrases are defmed in the Political Reform Act of 1974, as amended (Government Code;
g~ection 81000 et seq.), and in regulations adopted bv the Fair Political Practices
Commission. unless otherwise specified in this chapter.
B. The terms of this chapter are applicable to any contributions made to a
candidate or candidate-controlled committee hereunder. whether used bv the candidate to
finance a current campaign or to pay debts incurred in prior campaigns.
C. Revisions to this chapter take effect on DECEMBER 6. 2007. and are
applicable to all contributions received bv candidates seeking City elective office in the
general election of June 2008 and any election thereafter. Anv candidate for City elective
office participating in the general election of June 2008 shall have a grace period of 60
days from the effective date. as stated in this paragraph. to repay any campaign
contributions made or received prior to the effective date of the revisions in conflict with
or in violation of any provisions of this chapter. A candidate repaving anv campaign
contributions or loans during this 60-dav grace period shall provide written notice to the
City Clerk of the repayment within three business days. DEFINED AS MONDAY
I
THROUGH FRIDAY AND EXCLUDING CITY HOLIDAYS. of the repayment.
2.52.030- _Definitions.
13-50
Ordinance No.
A. "Agent" means a person who acts on beh~f or at behest of any other
person or accepts a contribution on behalf of a candidate. If an individual acting as an
agent is also acting as an employee or member of a law, architectural, engineering or
consulting firm, or a similar entity or corporation, both the entity or corporation and the
individual are "agents."
B. "At the behest" means made under the control or at the direction of, in
cooperation, consultation, coordination, or concert with, at the request or suggestion of,
or with the express prior consent of.
C. Campaign contribution account" is that account in which all contributions
or loans made to the candidate shall be deposited. as required bv the Political Reform
Act.
IL."Candidate" means any individual seeking any lilCity elective office, the
candidate's campaign committee, committee(s) controlled by the candidate, agents of the
candidate
J;).E. "City campaign statement" means the statement which, to the extent
practicable, shall be similar to or consolidated with that required by state law.
EcF. "City elective office" means the offices held by the Mavor or members of
the Clility Clilouncit and mayor. THE "SAME CITY ELECTIVE OFFICE." AS USED
HEREIN. MEANS THE SPECIFIC COUNCIL SEAT NUMBERED ONE (l ), TWO (2),
I
THREE (3), OR FOUR (4) OR THE SPECIFIC SEAT HELD BY THE MA YOK AS
DEFINED BY CHARTER SECTION 300(C).
13-51
Ordinance No.
I",G. "Contributions" areis defmed in a manner)dentical with the defInition
found in Government Code section 82015, contained within THE POLITICAL REFORM
ACT, and any related provisions in the California Code of Regulations.
G.B. "Enforcement authority," under this chapter. means that special counsel
appointed by the Ceity council Attornev pursuant to CVMC 2.52.1 +10.
If.-l. "General election" is that election identifIed by Charter Section 900 which
is combined with the state primary election
hI. "Independent expenditure committee" is as defmed in GovemmeHt Code
Sections &2013 and 82031 in the Political Reform Act, which supports or opposes in
whole or in part a candidate for city elective offIce if contributions are made to said
committee with the intent that they, or a comparable amount of funds otherwise owned
by, or under the control of, the committee be used to support or oppose a particular
candidate for a city elective offIce. This type of committee is not controlled by the
candidate.
1. "Intermediary" means a peIson \';ho delivers to a candidate or eommittee
or committee treasarer a coHtributioll from another perSOll lIDless such centribatisR is
from the person's employer, immediate family or an associatisR to '.vltich the perssR
belsRgs. Neitll.er candidate or treasurer is cORsidereEl. an iHtermediary.
K. "Organization" means a proprietorship, labor union, fIrm, partnership,
joint venture, syndicate, business, trust, company, corporation, association, or committee,
including a political action committee.
L. "Person" means a natural individual.
1"3-52
Ordinance No.
M. "POLITICAL REFORM ACT" MEANS THE CALIFORNIA
POLITICAL REFORM ACT OF 1974. AS AMENDED. FOUND AT GOVERNMENT
CODE SECTION 81000 ET SEO. AND INCLUDES REGULATIONS ADOPTED BY
THE FAIR POLITICAL PRACTICES COMMISSION.
N. "Single election contest" means either a general or special election.
NO. "Special election" defmed in Charter Section 901, as all other municipal
elections that may be held by authority of the Charter or of any law.
2.52.040_-Campaign contributions.
A. No person, other than a candidate, shall make a contribution in excess of
$300.00 to a candidate for a single election contest. No candidate shall solicit or accept a
contribution in excess of $300.00 from a contributor for a single election contest. A
candidate may receive up to $300.00 from a contributor in each of the general and special
elections.
B. The terms of this cbaflter are applicaele te aHY ceHtflelltieFls Iflaae to a
candidate or eCJll'lffiittee hereunder, w-flether lowed by sach candidate or cOffiffiittee to
fiaance a ClIfreRt campaign or to pay debts iRcurred ill prior campaigns. No organization
shall make a contribution to any candidate or candidate-controlled campaign committee.
This chapter shall not apply to contributions made to a committee. which is organized
solelv for the purpose of supporting or opposing the qualification for the ballot or
adoption of one or more city measures. All contributions made by a person whose
contribution actiyity is financed. maintained or controlled by an organization or any other
13-53
Ordinance No.
person shall be deemed to be made by that organization or other person. If the
contribution is deemed made by an organization. it is prohibited.
C. No individual. or combination of individuals acting iointly. shall make
directly or indirectly a contribution in the name of another individual or combination of
individuals.
D. Contributions by a husband and wife shall be treated as separate
contributions and shall not be aggregated where the checks are drawn separately and
signed by the spouse making the contribution. Contributions by a husband and wife shall
be treated as separate even if combined into one check but presented with two signatures.
~E. No person shall make a contribution to any candidate for city electi'/e
offices, and no such candidate shall accept from any person such a contribution SOaRer
earlier than H eleven months preceding a single election contest.
I*F. A contribution for an election may be accepted by a candidate for elective
city office after the date of the election only to the extent that the contribution does not
exceed net debts outstanding from the election, and the contribution does not otherwise
exceed the applicable contribution limit for that election.
E.-G. A candidate for city elective effice may not solicit or accept contributions
for a special election prior to the holding of the general election for that office.
.!:LA candidate for city elective effice may carry over contributions raised in
connection with one election for City elective eity-office to pay campaign expenditures
incurred in connection with a subsequent election for the same Qtt. elective eity-office.
2.52.050 Surplus eampaigB fURlIs. Loans.
13-54
----r
Ordinance No.
A. A candidate shall not personally loan to his or her campaign funds. WITH
THE INTENT TO RECEIVE REPAYMENT OF THOSE FUNDS. in an aggregate
amount in excess of $5.000 FOR A SINGLE ELECTION CONTEST.
B. A loan or extension of credit shall be considered a contribution from the
maker of the loan or extender of credit and shall be subiect to the contribution limit of
$300.00 per person. pursuant to CVMC 2.52.040. The $300.00 contribution limit does
not apply to loans made to a candidate for the purpose of a campaign by himself or
herself or by a commercial lending institution in the lender's regular course of business
on terms ayailable to members of the general public for which the candidate is personally
liable.
2.52.060-
Notice rel!:ardinl!: personal funds.
If a candidate spends or contributes personal funds of more than $5.000
AGGREGATE. in connection with a campaign for A SINGLE ELECTION CONTEST. a
candidate shall do all of the following:
A. PRIOR TO SPENDING OR CONTRIBUTING THE PERSONAL
FUNDS. THE CANDIDATE SHALL proyide written notice of the candidate's intent to
spend or contribute more than $5.000 AGGREGATE of personal funds to the City Clerk
and all opponent candidates. The notice shall be deliyered personally or sent by registered
mail to the last known address of the o\lPonent candidates as shown in the records of the
City Clerk and shall specify the amount of personal funds intended to be expended or
contributed. The notice shall also proyide the date the personal funds shall be deposited
into the candidate's campaign contribution account as required by CVMC 2.52.070(B).
13-55
Ordinance No.
Separate notice is required for EVERY separate deposit of personal funds OF ANY
AMOUNT that is a contribution from a candidate to his or her campaign. once the
candidate has spent or contributed more than $5.000 in personal funds in connection with
the campaign for a SINGLE ELECTION CONTEST.
B. The required notice shall be given no later than 21 davs prior the election.
unless the expenditure or contribution occurs during the 2 I davs preceding the election.
in which case the required notice shall be provided 24 hours Prior to deposit into the
candidate's campaign contribution account.
2.52.70
A.
Campaign contribution account.
The campaign contribution account required bv Government Code section
8520J(a) shall be established at a financial institution located in San Diego Countv.
B. All personal funds to be expended or contributed bv a candidate,
INCLUDING ALL LOANS OF PERSONAL FUNDS, shall first be deposited in the
candidate's campaign contribution account.
2.52.080 Surplus campaign funds.
A. Upon leaving any elected office, or at the end of the post-election
reporting period following the defeat of a candidate for elective office, whichever occurs
last, campaign funds under the control of a candidate shall be considered surplus
campaign funds.
B. Surplus campaign funds shall be used only for the following purposes:
1. To repay contributions.
13-56
Ordinance No.
2. To make a donation to any bona fide charitable, educational, civic,
religious, or nonprofit organization, where no substantial part of the proceeds will have a
material financial effect on the candidate, any member of his or her immediate family, or
his or her campaign treasurer.
3. To pay for professional services reasonably required by the
candidate or committee to assist in the performance of its administrative functions,
including payment for attorney's fees for litigation that arises directly out of a candidate's
activities or his or her status as a candidate, including, but not limited to, an action to
enjoin defamation, defense of an action brought of a violation of state or local campaign,
disclosure, or election laws, and an action from an election contest or recount.
2.S2Jl611 OFganizatisnal 6sntFilmtisns.
!.. No organizatieR shall make a eoatribatieR te any eandidate or eandidate
eampaign eommittee. This ellapter sha'!l Ret apply to eoRtriblliions made to a eemmittee
',vllleh is organized solely fer The ]JlIfjlose of S<lflPOrtiRg er opposing the qaalifieatioR for
the ballot or adoptisR sf ORe or more eit)' measures.
B. N s offieer, emJlloyee, ageRt or atterney sr sther represeRtatiye of a Jlers0R
eoyered by this ehapter shall aiEl, abet, adyise or partieipate iR a violatioR of this ehapter.
.\11 eoRtri-SatisRs made by a ]JerGeR whose eORtribllii0R aetivit)' is finaneed, maintained sr
6sRtFGlled 6Y all. organizatieR sr any ether perSOR shall be deemed ts ae made by that
organizatioR or sther perssll.. If the 6sRtriblliioR is deemed made by an erganization, it is
prohibited.
)
13-57
Ordinance No.
C. No eandidato saalllrnov:ingl)' aeeopt a payment or eOffifibutioR ffiaae in
':iolation oftms ehapter.
2.52.0~20 Contribution in yiolatioB of this ehallter
contributions.
A. If a eontribution is tenderee aRa wOHld be in violation of this eRupter, it
Return of prohibited
saalllle retllffied within tlrree blolsiness days of aiseovery. A CONTRIBUTION NEED
NOT BE REPORTED NOR SHALL IT BE DEEMED ACCEPTED IF IT IS NOT
CASHED, NEGOTIATED, OR DEPOSITED AND IS RETURNED TO THE
CONTRIBUTOR BEFORE THE CLOSING DATE OF THE CAMPAIGN
STATEMENT ON WHICH THE CONTRIBUTION WOULD OTHERWISE BE
REPORTED, AS PROVIDED BY THE POLITICAL REFORM ACT.
B. If a contribution ''v-hieR is in violatioFl of this eRapter is received 1l)' a
eafleidate, the eaRdidate shadl report iH writing 'sitmFl tlrree bHsiness daj's of diseeyery of
the reeei}lt of the eontribution to the eity elerk the facts slffioundiFlg such eontributioFl and
shadl retllffi SUCR eontrilmtion to tae eontributor 'sithiFl 2~ hours of aise8very. IF A
CONTRIBUTION IS TENDERED AND WOULD BE IN VIOLATION OF THIS
CHAPTER. IT SHALL BE RETURNED BY THE CANDIDATE TO THE
CONTRIBUTOR WITHIN SIXTY DAYS OF RECEIPT BY THE CANDIDATE.
C. t. eOFltribation shall not be eORsideree to be reeeived if it has not been
negotiated, eeposited, or utilized, and is retlfffled te the donor .,yithin three busiRess days
of diseover)' of reeeipt.
2.52.G8(} 100-_ Written solicitations by candidates.
13-58
Ordinance No.
Any candidate making a written solicitation for a,contribution for his or her
campaign for "City elective office shall include the following written notice in no less
than six point type on each such solicitation:
NOTICE
Ordinance No. 2955 0fthe City efChula Vista The City ofChula Vista Municipal Code
limits contributions to campaigns for City elective officc, either to candidate c0ffir0lled
e01il.Hlittees or to regulated iadepell.deat eJ<jlellditure cOImnittees, to three hundred dollars
per eOlltribator person.
2.S2.1l91l Laalls.
.\. i\. 10an 0r eJltellsi01l. of credit shall be c0llsidered a e0ffiributi0ll !'rem the
maker 0fthe 10aR er eJltellder 0f eredit aB.d shall 8e s10lbject to the C01l.tribation limitatiens
0fthis chapter.
B. The proYisiolls of this chajlter apply te persollalloalls 0f elltellsiolls of
credit, 8at do net apply to 10alls mase to a calldidate 8:" a cemmerciallending iHstitation
in the lender's reg1011ar COillse of business ell terms availaBle to members 0fthe gell.eral
p101s1ie fer which the c!l1uiidate is personally liaMe.
C. f. candidate for elective city office m&y not personally IOaR to his or her
carlljlaign an aID0Ullt in excess ef $20,000.
D. Each opponeHt of a caRdidate 'l;ftG has made a lean to his 0r her c!l1Rpaign
plH'GUaRt to this secti0n shall se permitted to selicit aHa receive, and coHtribut0fS to s101ch
0pp0neHt maj' malee, c0ntribations in meccss 0fthe limits c0lltained in CVMC 2.52.0~0.
The limitation coffiained in CVMC 2.52.0~Q shallse slIspell.ded from the date caB.didate
T'
13-59
Ordinance No.
made said loan so that the oppoReat may reeeive eoatribl;ltiofis iR eKeess of the liIDitatioll
Hp to the amolffit I08.lled by the eandidate. Those eORmHtioRs reeeived withiR or iR
eKoess ofthe limitatioR shall eouRt toward equalillg the amount 10afled.
E. Eaeh oppoRent of a e8.lldidate or other persoll who has giveR Rotioe
pursuant te CVMC 2.52.100 sliall Rot be bOURd by the 10aR limitatioR '.vithiR iliis seetioR
to the e)(tent the amouat of flersoRal funds el[peRded or eeRtributed eJ[eeeds $2G,GOO.
2.62.199 N otiee regsrdiRg perGoRsl fURds.
,t\. No eandidate or other perooR shall e][fleRd er eoatribute more thaR $5,GOO
iR persoRal fURds iR eonneetioR with an eleetioll earllflaigR lffiless and uatil the followillg
eeRditioRs are met:
1. WritteR llotiee of the eandidate's or other pOrsOR'S iRteat to so
eJ[peRd or eontribute iR eJ[eess oU5,000 sball be provided to the eity e1erk and all
oppoRent eandidatos. The Rotioe sball be deliye[ea porseRally or sent by regiotored mail
to the laet knO'lffl address eftbe OppOllont oandidates as showfl iR the [eOOraS oHbo oity
elerk 8.IlEl shall speeify the arIlOunt intefiaed te ae el(fleRded or eOlltributea; and
2. /\11 persoRal funds to be eKJlelldeEl or eontrilmted by the eaadiElate
sball Erst be deposited in the eaadidate's oaFllflaigR eontrialoltioR eheekiRg aeeouat. The
requireElllotiee shadl be giveR RO later than 21 aays prier to the eleetioR. If the
eJ[flellditure or eoRtributioR oeours Eluring the 21 da:,'s preeeEliRg the eleetioll, the required
llotiee shall be provided ':.'ithiR 2 ~ he\ll's.
B. Eaeh oppsRent of any o8.lldidate '.'.'He has eOlRplied with the above
eORditioRS SHall be permitted te selieit and reeeiye, afld eOfltribHtsrs to eaeh sueh
13-60
Ordinance No.
opponent may make, eofttri8litions in elleess of tl3e limits established in CVMC
2.52.919(.'\). The limitation eontaiRea in CYMC 2.52.010 shall 8e sliGflended from the
aate eamliElate E1ejlosited said fliRE!s so that fE.e opponent IRay reeeive eontriblitionG in
e)wess of the limitation Ujl to the a1HOlIDt of personal funds deposited by the eandiE!ate in
his or her eanlflaign eeHtrilmtion .heeking aeeoURt. Those eoatriilHtions reeeived within
or in elwess of the limitation shall eount to',varE! eCjua-ling the amount of personal funds
deposited 8Y the ea-ndidate in his or her eanlflaign eontriblition eheekiag aeeolffit.
2.S2.110 FlImilJ 6oBtributioHs.
Contributiens by a hlowbana and wife shall 8e treated as separate eontributions and
shall not be aggregated where the eheellS are drawn sepafately ana signeE! 8)' the spouse
making the eo!ltriblition. Contributions 8)' a husband ana '::ife shall be treateE! as separate
eyen if sombiaed iato one sheek bHt presentea wifE. two signatrnes.
2.52.110 Campail!n statements.
Each candidate and eomffiittee shall file campaign statements with the City Clerk
in the time and manner required by the Political Reform Act sf 1971 as ameaElea
(Goyemmeat CoEle Seetion 81100 et sea.). Compliance with the requirements of that Act
shall be deemed to be compliance with this chapter.
2.S2.120 Prohihition of 6oHtrihutioH in the Hame of aHother iniliyiilual.
It is unlawful fsr any indiviElual, sr eombination of individuals aetingjsintl)', to
mal,e directly or inaireetly a eontribHtioa in the name of anotl3er iaaiyidlial or
eombiaation of imliviEluals.
2.52.1J~0- _Contributions for legal defense.
- .13-61
Ordinance No.
Notwithstanding anything contained herein to the: contrary, a payment to or for
the benefit of a eCouncilmember, 6fl€l mMayor, or candidate made and used for the
express purpose of offsetting costs already incurred by that eCouncilmember, 6fl€l
mMayor, or candidate in the defense of a criminal or administrative prosecutorial action
against said eCouncilmember, 6fl€l-mMayor, or candidate. and not made or used for the
purpose of aiding in the election of said eCouncilmember, 6fl€l-mMayor, or candidate, and
not made within (before or after) 100 days of an election in which the eCouncilmember,
6fl€l mMayor, or candidate is competing for a seat or office, shall not be deemed to be a
contribution for the purposes of this chapter.
2.S2.110 Camflaign eontrihution eheeliing aeeount.
The eampaigR aeeoant requireS. by GevemmeHt Code SectioH 85201(a) shall be
establisheS. at a financial institutionloeated in San Diego Ceunty.
2.S2.16JO- _Duties of eCity eClerk.
In addition to other duties required of the eCity eClerk under the terms of this
chapter and eCity Charter, the eClerk shall:
A. Supply appropriate forms and manuals prescribed by the California Fair
Political Practices Commission. These forms and manuals shall be furnished to all
candidates and committees, and to all other persons required to report.
B. Determine whether required documents have been f1!ed and, if so, whether
they conform on their face with the requirements of state law.
C. Notify promptly all person and known committees who have failed to file
a document in the form and at the time required by state law.
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Ordinance No.
D. Report apparellt alleged violations of this .chapter filed pursuant to CYMC
2.52.140(E) and applicable state law to the enforcement authority.
E. Compile and maintain a current list of all statements or parts of statements
filed with the Citv eClerk's office pertaining to each candidate and each measure.
F. Cooperate with the enforcement authority in the performance of the duties
of the enforcement authority as prescribed in this chapter and applicable state laws.
2.52.1~0- _Enforcement.
A. The eCity aAttorney shall not investigate or prosecute alleged violations
of this chapter, but shall defend the constitutionality and legality of this chapter in any
civil proceeding in which the eCity or the eCity eCouncil is a party.
B. Speeial eOlffisel The enforcement authority. as defined bv this chapter.
shall investigate or prosecute alleged violations of this chapter.
C. The e~ity aAttorney shall solicit proposals from attorneys in accordance
with Section 503 of the city Charter and Chapter 2.56 CYMC to act as speeial e8\ffisel the
enforcement authoritv I gg aays eleven months prior to a eity general election. As part of
the annual budget process, the eCity eCouncil shall appropriate no less than $100,000 to
fund the retention of special counsel to serve as the enforcement authoritv. .gaffi These
funds shall be separate from the eCity aAttorney's budget and used solely for the
investigation and prosecution of alleged violations of this chapter.
D. The eCity aAttorney shall appoint a panel of no less than three attorneys to
act as speeial e8aRsel the enforcement authoritv. .gaffi These attorneys shall be
compensated by the eCity aRa saall serle as tae eaforeemellt authority fer iliis 8aapter.
^'^
13-63
Ordinance No.
Should the appointment of additional special counsel bec.ome necessary or appropriate,
the eCity aAttomey shall appoint weft-additional special counsel as may be required. A
single member of the special counsel panel will be assigned to each case. Assigmnents
will shall be made on a rotating basis.
E. Complaints of violation!! of this chapter shall be submitted in writing,
under penalty ofpeljury, by a resident of the eCity to the eCity e~lerk. Said The
complaint shall state the full allegation recitation of all facts that are alleged to WffiIhI
constitute a violation of the code this chapter. Tfie complaint HUlst be filed wifhffi 90 Ela-ys
of discovery of tfie alleged ';iola-tion, but FlS later than 180 days from tfle date of tfie
election.
F. The eCity eClerk shall forward the complaint to the randomly assigned
special cOURsel enforcement authority from tfle panel of attorneys !Ijlpoimed b:,' the cit:,'
attorney _within five working days of receipt for a probable cause determination. If no
probable cause is determined to exist, the complaint shall be dismissed summarily and
interested parties shall be notified in writing.
G. Ifprobable cause is determined to exist, special cOURsel the enforcement
authority shall take further investigatory and procedural steps necessary to resolve the
matter.
H. Violations of this chapter may be pursued either through a civil or criminal
action at the discretion of the enforcement authority. Special cOilllsel The enforcement
authority may also commence and prosecute any necessary administrative proceedings or
civil litigation to compel compliance with this chapter. No enforcement,-er-prosecution,
L ~lr3::6-4
Ordinance No.
or action of sjleeial eounsel the enforcement authoritv shall be subject to the review or
control of the "City aAttomey or "City "Council.
1. The sgpecial counsel. serving as the enforcement authoritv. may
investigate and may institute legal action to prevent further violations. The special
counsel may decline to investigate if the allegation is also a violation of state law, and is
the subject of a complaint filed with the tEair Il'p'olitical Il'p'ractices "Commission.
J. CRIMINAL PROSECUTION FOR VIOLATIONS OF THIS CHAPTER MUST
BE COMMENCED WITHIN ONE YEARlFOUR YEARS AFTER THE DATE ON
WHICH THE VIOLATION OCCURRED.
K. CIVIL PROSECUTION FOR VIOLATION OF THIS CHAPTER MUST BE
COMMENCED WITHIN FOUR YEARS AFTER THE DATE ON WHICH THE
VIOLATION OCCURRED. NO ADMINISTRATIVE ACTION ALLEGING A
VIOLATION OF ANY OF THE PROVISIONS OF THIS CHAPTER SHALL BE
COMMENCED MORE THAN FIVE YEARS AFTER THE DATE ON WHICH THE
VIOLATION OCCURRED. IF THE PERSON ALLEGED TO HAVE VIOLATED A
PROVISION OF THIS CHAPTER ENGAGES IN THE FRAUDULENT
CONCEALMENT OF HIS OR HER ACTS OR IDENTITY. THE FIVE-YEAR
PERIOD FOR ADMINISTRATIVE ACTIONS SHALL BE TOLLED FOR THE
PERIOD OF CONCEALMENT. FOR PURPOSES OF THIS SUBSECTION.
"FRAUDULENT CONCEALMENT" MEANS THE PERSON KNOWS OF
MATERIAL F ACTS RELATED TO HIS OR HER DUTIES UNDER THIS CHAPTER
AND KNOWINGLY CONCEALS THEM IN PERFORMING OR OMITTING TO
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Ordinance No.
PERFORM THOSE DUTIES. FOR THE PURPOSE OF DEFRAUDING THE PUBLIC
OF INFORMATION TO WHICH IT IS ENTITLED UNDER THIS CHAPTER.
L. Special counsel. serving as the enforcement authoritv. shall be immune to
liability for enforcement of chapter.
2.52.18~O- _Penalties.
A. Any person who KNOWINGLY OR WILLFULLY VIOLATES ANY
PROVISION OF THIS CHAPTER. WHO KNOWINGLY OR WILLFULLY CAUSES
SOLICITS. ADVISES. OR PARTICIPATES WITH ANY OTHER PERSON TO
VIOLATE ANY PROVISION OF THIS CHAPTER. OR WHO KNOWINGLY OR
WILLFULLY AIDS AND ABETS ANY OTHER PERSON IN VIOLATION OF ANY
PROVISION OF THIS CHAPTER SHALL BE GUILTY OF A MISDEMEANOR. is
guilty sf a misdemeanor. /..rry person '.vhe willflllly causes or solicits any ether person to
violate any previsions of this chaflter, or '",ho aids and abets any ether person in the
yiolation ohhis ehapter shall be gailty of a misdemeanor.
B. Any person who intentionally or negligently violates any provision of this
chapter or causes anv other person to violate anv provision of this chapter shall be liable
in a CIVIL OR ADMINISTRATIVE action brought by special c01ilRselthe enforcement
authoritv for an amount not more than three times the amount the person failed to report
properly or unlawfully contributed, expended, gave or received, or $5,000 per violation,
whichever is greater.
C. THIS SECTION SHALL APPLY ONLY TO PERSONS WHO HAVE
FILING OR REPORTING OBLIGATIONS UNDER THIS CHAPTER OR THE
o ,..-
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Ordinance No.
POLITICAL REFORM ACT, OR WHO ARE COMPENSATED FOR SERVICES
INVOLVING THE PLANNING, ORGANIZATION, OR DIRECTING ANY
ACTIVITY REGULATED OR REOUIRED BY THIS CHAPTER OR THE
POLITICAL REFORM ACT.
D. WHETHER OR NOT A VIOLATION IS INADVERTENT,
NEGLIGENT. OR DELIBERATE, AND THE PRESENCE OR ABSENCE OF GOOD
FAITH SHALL BE CONSIDERED IN APPLYING THE REMEDIES AND
SANCTIONS OF THIS CHAPTER. FURTHER. !in determining the amount of CIVIL
liability, the court may take into account the seriousness of the violation and the degree of
culpability of the defendant. If a judgment is entered, the funds recovered shall be
deposited into the "City's general fund.
2.52.12l)().. _Severability.
If any provision of this chapter, or the application of any such provision to any
person or circumstances, shall be held invalid, the remainder of this chapter to the extent
it can be given effect, or the application of those provisions to persons or circumstances
other than those as to which it is held invalid, shall not be affected thereby, and to this
end the provisions of this chapter are severable.
J:\AttQmey\JDAWSON\Ordinances\Campllign Finance\Campaign Finance ard (REDLINELIQ-18-07.doc
'. j
13-67
EXHIBIT C
G. MICHAEL GERMAN
Proctor In Admiralty and Attorney At Law
1361 Ridgeview Way
Bonita, CA 91902-2554
619-482-4324
gmginsfo@yahoo.com
MEMORANDUM
TO: The Honorable Cheryl Cox, Mayor of the City ofChula Vista, & Members of the City Council
FM: G. Michael German, Chairman Ad Hoc Committee on Campaign Contribution Ordinance
RE: Report and Recommendations of the Ad Hoc Committee
DT: October 18, 2007
This Memorandum reports the findings and recommendations of the reconstituted Ad Hoc
Committee on the Campaign Contribution Ordinance, as developed by its members, City staff and
those members of the public who attended our October 10 and 16,2007 meetings. Statutory
references are to the Ordinance of the City ofChula Vista amending Chapter 2.52 of the CV
Municipal Code regarding campaign contributions, as prepared by Deputy City Attorney Joan
Dawson, and additions recommended by the Committee, and the reasons therefor, are italicized.
1. Specific statutory recommendations.
2.52.030 F. "City elective office" means the offices held by the Mayor or members of the City
Council. The "same City elective office," as used herein, means the specific Council seat numbered
one (I), two (2), three (3), or four (4) or the specific seat held by the Mayor, as defined by Charter
Section 300(C), and any other elective office within the City ofChula Vista.
The Committee recommends this addition to allow for inclusion of any other offices
subsequently determined to be elective one, e.g., City Attorney, in order to avoid the need for later
amendment.
G. The Committee recommends including the reference to the definitionfound in
Gov't Code section 82015.
1.. "General election" is that election defined by Charter Section 900, as that election
held in the City on the same date in each election year as the California State primary election.
The Committee recognizes the limitations imposed by language contained in the City
Charter. but recommends this change in order to prevent confUsion among the voters, who
commonly associate the General Election with the November election, not the Spring primary one.
See also, sec. 2.52.0300, which reinforces this distinction as to "Special Election."
2.52.060 The Committee recommends that this section, and its subparts, be stricken in its
entirety, since it was viewed as a trap for the unwary, and irrelevant and unnecessary in light of the
elimination of the suspension of campaign contribution limits and candidates' duties to reporting
obligations under state law.
Admitted to the U.S. Supreme Court, U.S. Courts of Appeals for the District of Columbia and Ninth Circuits,
U.S. District Court for the Northern District ofIndiana and all California State and Federal Courts.
13-68
lQ..18-07 Memorandum - 2
7
2.52.150 B. Any person who intentionally Or negligently violates any provision of this chapter
or causes any other person to violate any provisioll of this chapter shall be liable in a civil or
administrative action brought by the enforcement authority for an amount not more than three times
the amount the person failed to report properly Qr"unlawfully contributed, expended, gave Or
received, or $5,000 per violation, whichever is greater, not to exceed a total of $2 5,000 in cases of
multiple violations in a single election contest.
The Committee recommends that a $25,000 cap be placed on fines, and that attorneys
fees not be recoverable, in order to prevent undue harshness of penalties and to avoid inflating time
spent and billed by the enforcement authorities.
II. Apart from and in addition to its review of the proposed ordinance, the Committee strongly
recommends the following:
1. Institution of a separate Campaign Advice Section within the City Clerk's office, and
publication of an enhanced Candidates' Information Handbook including a question and lIllBWer
format for campaign finance questions typically encowtered by candidates.
2. Establishment of an overall campaign finance review committee, unlimited in scope,
authorized to review all aspects ofChula Vista's campaign finance laws, in order to harmonize and
clarify the City's campaign finance laws with the Charter and MWlicipal Code.
As Chairman of the Ad Hoc Committee, I would like to express my thanks to my fellow
committee members, John Moot, Humberto peraza, John Riess, and Peter Watry for their hard work,
patience, and cooperation in working on this matter.
Respectfully Submitted,
A /, '/ (j
G.Mi~~
Chairman, Ad Hoc Committee on Campaign Contribution Ordinance
cc: IMoot
HPeraza
JRiess .
PWatry
13-69
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 2.52 OF THE .CHULA VISTA
MUNICIPAL CODE REGARDING CAMPAIGN
CONTRIBUTIONS
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 Council of the City of Chula Vista has the authority to
regulate aspects of campaign finance and control related to the election of City officials,
which is a matter of the general welfare ofChula Vista residents; and
WHEREAS, Charter Section 904 provides that it is the policy of the City to avoid
the potential for undue or improper influence over elected officials resulting from
excessive campaign contributions. In furtherance of that purpose, the City Council shall
adopt reasonable regulations related to campaign contributions which shall be contained
in the City Code; and
WHEREAS, in 2004, the City Council amended the Chula Vista Municipal Code
to add a revised Chapter 2.52 regarding campaign contributions; and
WHEREAS, the 2004 amendment was the result of a process started in November
2001 at the request of the City Council to review a model ordinance prepared by the San
Diego Election Campaign Finance and Control Commission and use it as a tool to draft a
new campaign contribution ordinance to meet the needs ofChula Vista; and
WHEREAS, the 2004 ordinance was prepared and reviewed by an Ad Hoc
Committee, which included a member of the Charter Review Commission, the Ethics
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Ordinance No.
Commission, an existing Councilmember, and a former Councilmember, prior to the
ordinance's approval by the City Council; and
WHEREAS, in 2007, it was brought to the City Council's attention that the
revised 2004 campaign ordinance had areas of ambiguity that needed review and possible
revision; and
WHEREAS, the 2004 ordinance had been in place for two elections, the general
election of June 2006 and the special election in November 2006; and
WHEREAS, on March 20,2007, the City Council voted to form an Ad Hoc
Committee on the Campaign Contribution Ordinance to review the existing law and
ensure it is meeting the needs of the people of Chula Vista and to bring forward
suggestions regarding proposed changes as needed; and
WHEREAS, the City Council requested that the Ad Hoc Committee be composed
ofa member of the City's Charter Review Commission and Board of Ethics, and a
member who sat on the City's previous committee on campaign finance, which was
formed in June 2003; and
WHEREAS, the Ad Hoc Committee met several time in noticed public meetings
during the Summer of2007 to discuss the existing campaign contribution ordinance; and
WHEREAS, on August 14,2007, the City Council directed the City Attorney to
return to Council with a report outlining the ambiguities with the existing campaign
contribution ordinance and proposing language to clarify these ambiguities without
making any substantive changes to the existing ordinance or adding any new concepts;
and
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Ordinance No.
WHEREAS, the City Attorney's Office prepared its report by reviewing the
language of the existing ordinance, on its face, meaning the actual words used, and as it
has been applied to issues raised during the general election in June 2006 and the special
election in November 2006; gathering information from the City Clerk on questions
raised during the 2006 election cycle; considering the discussions of the Ad Hoc
Committee; and responding to the City Council's direction to the City Attorney in August
2007; and
WHEREAS, on September 25,2007, the City Attorney's Office presented its
report to the City Council, and the City Council voted to approve several policy changes
to the existing ordinance; and
WHEREAS, on September 25,2007, the City Council directed the City
Attorney's Office to incorporate its requested changes to the existing ordinance and to
prepare an ordinance with the changes for Council's review; and
WHEREAS, on September 25,2007, the City Council further directed the City
Attorney's Office to present the revised draft ordinance to the Ad Hoc Committee, which
met on October 10,2007 and October 16, 2007; and
WHEREAS, the City Attorney's Office comes now to the City Council with the
revised draft ordinance.
NOW, THEREFORE, the City Council of the City ofChula Vista does hereby
ordain:
SECTION I: The Chula Vista Municipal Code is amended to add a revised
Chapter 2.52, entitled "Campaign Contributions," to read as follows:
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Ordinance No.
2.52.010 Purpose and intent.
In enacting this chapter, the City Council finds and declares that moderate
monetary contributions to political campaigns are a legitimate form of participation in the
American political process. It is the policy of this City to protect the integrity of the
electoral process, and the best interests of the citizens of this City are served by
regulating campaign finance.
Inherent in the high cost of election campaigning is the problem of improper
influence, real or potential, exercised by campaign contributors over elected officials. It is
the purpose and intent of the City Council in enacting this chapter:
A. To preserve an orderly political forum in which individuals may express
themselves effectively;
B. To place realistic and enforceable limits on the amounts of money that
may be contributed to political campaigns in City elections;
C. To prohibit contributions by organizations and permit contributions by
individuals only;
D. To provide full and fair enforcement of all the provisions of this chapter;
and
E. To encourage candidate adherence to election regulations by making them
easier to understand.
2.52.020 Interpretation of this chapter.
A. The terms and phrases in this chapter shall be defined as those terms and
phrases are defined in the Political Reform Act of 1974, as amended (Government Code
13"":73
Ordinance No.
section 81000 et seq.) and in regulations adopted by the F;air Political Practices
Commission. unless otherwise specified in this chapter.
B. The terms of this chapter are applicable to any contributions made to a
candidate or candidate-controlled committee, whether used by the candidate to finance a
current campaign or to pay debts incurred in prior campaigns.
C. Revisions to this chapter take effect on December 6,2007, and are
applicable to all contributions received by candidates seeking City elective office in the
general election of June 2008 and any election thereafter. Any candidate for City elective
office participating in the general election of June 2008 shall have a grace period of 60
days from the effective date, as stated in this paragraph, to repay any campaign
contributions made or received prior to the effective date of the revisions in conflict with
or in violation of any provisions of this chapter. A candidate repaying any campaign
contributions or loans during this 60-day grace period shall provide written notice to the
City Clerk of the repayment within three business days, defined as Monday through
Friday and excluding City holidays, of the repayment.
2.52.030 Definitions.
A. "Agent" means a person who acts on behalf or at the behest of any other
person or accepts a contribution on behalf of a candidate. If an individual acting as an
agent is also acting as an employee or member of a law, architectural, engineering or
consulting firm, or a similar entity or corporation, both the entity or corporation and the
individual are "agents."
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Ordinance No.
B. "At the behest" means made under the control or at the direction of, in
cooperation, consultation, coordination, or concert with, at the request or suggestion of,
or with the express prior consent of.
C. "Campaign contribution account" is that account in which all
contributions or loans made to the candidate shall be deposited, as required by
Government Code section 85201.
D. "Candidate" means any individual seeking any City elective office, the
candidate's campaign committee, comrnittee(s) controlled by the candidate, agents of the
candidate.
E. "City campaign statement" means the statement which, to the extent
practicable, shall be similar to or consolidated with that required by state law.
F. "City elective office" means the offices held by the Mayor or members of
the City Council. The "same City elective office," as used herein, means the specific
Council seat numbered one (1), two (2), three (3), or four (4) or the specific seat held by
the Mayor, as defined by Charter Section 300(C).
G. "Contribution" is defined in a manner identical with the definition found
in Government Code section 82015, contained within the Political Reform Act, and any
related provisions in the California Code of Regulations.
H. "Enforcement authority," under this chapter, means that special counsel
appointed by the City Attorney pursuant to CYMC 2.52.140.
1. "General election" is that election identified by Charter Section 900,
which is combined with the state primary election.
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Ordinance No.
J. "Independent expenditure committee" is ~ defined in the Political Reform
Act, which supports or opposes in whole or in part a candidate for city elective office if
contributions are made to said committee with the intent that they, or a comparable
amount of funds otherwise owned by, or under the control of, the committee be used to
support or oppose a particular candidate for a city elective office. This type of committee
is not controlled by the candidate.
K. "Organization" means a proprietorship, labor union, firm, partnership,
joint venture, syndicate, business, trust, company, corporation, association, or committee,
including a political action committee.
1. "Person" means a natural individual.
M. "Political Reform Act" means the California Political Reform Act of 1974,
as amended, found at Government Code section 81000 et seq., and includes regulations
adopted by the Fair Political Practices Commission.
N. "Single election contest" means either a general or special election.
O. "Special election" defined in Charter Section 901, as all other municipal
elections that may be held by authority of the Charter or of any law.
2.52.040 Campaign contribution limits.
A. No person, other than a candidate, shall make a contribution in excess of
$300.00 to a candidate for a single election contest. No candidate shall solicit or accept a
contribution in excess of $300.00 from a contributor for a single election contest. A
candidate may receive up to $300.00 from a contributor in each of the general and special
elections.
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Ordinance No.
B. No organization shall make a contribution to any candidate or candidate-
controlled campaign committee. This chapter shall not apply to contributions made to a
committee, which is organized solely for the purpose of supporting or opposing the
qualification for the ballot or adoption of one or more city measures. All contributions
made by a person whose contribution activity is financed, maintained or controlled by an
organization or any other person shall be deemed to be made by that organization or other
person. If the contribution is deemed made by an organization, it is prohibited.
C. No individual, or combination of individuals acting jointly, shall make
directly or indirectly a contribution in the name of another individual or combination of
individuals.
D. Contributions by a husband and wife shall be treated as separate
contributions and shall not be aggregated where the checks are drawn separately and
signed by the spouse making the contribution. Contributions by a husband and wife shall
be treated as separate even if combined into one check but presented with two signatures.
E. No person shall make a contribution to any candidate, and no such
candidate shall accept from any person such a contribution earlier than eleven months
preceding a single election contest.
F. A contribution for an election may be accepted by a candidate after the
date of the election only to the extent that the contribution does not exceed net debts
outstanding from the election, and the contribution does not otherwise exceed the
applicable contribution limit for that election.
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Ordinance No.
G. A candidate may not solicit or accept contributions for a special election
prior to the holding of the general election for that office.
H. A candidate may carry over contributions raised in connection with one
election for City elective office to pay campaign expenditures incurred in connection with
a subsequent election for the same City elective office.
2.52.050
A.
Loans
A candidate shall not personally loan to his or her campaign funds, with
the intent to receive repayment of those funds, in an aggregate amount in excess of
$5,000 for a single election contest.
B. A loan or extension of credit shall be considered a contribution from the
maker of the loan or extender of credit and shall be subject to the contribution limit of
$300.00 per person, pursuant to CYMC 2.52.040. The $300.00 contribution limit does
not apply to loans made to a candidate for the purpose of a campaign by himself or
herself or by a commercial lending institution in the lender's regular course of business
on terms available to members of the general public for which the candidate is personally
liable.
2.52.060 Notice regarding personal funds.
If a candidate spends or contributes personal funds of more than $5,000
aggregate, in connection with a campaign for a single election contest, a candidate shall
do all of the following:
A. Prior to spending or contributing the personal funds, the candidate shall
provide written notice ofthe candidate's intent to spend or contribute more than $5,000
13-78
Ordinance No.
of personal funds to the City Clerk and all opponent candi.dates. The notice shall be
delivered personally or sent by registered mail to the last known address of the opponent
candidates as shown in the records of the City Clerk and shall specify the amount of
personal funds intended to be expended or contributed. The notice shall also provide the
date the personal funds shall be deposited into the candidate's campaign contribution
account, as required by CYMC 2.52.070(B). Separate notice is also required for every
separate deposit of personal funds of any amount that is a contribution from a candidate
to his or her campaign, once the candidate has spent or contributed more than $5,000 in
personal funds in connection with the campaign for a single election contest.
B. The required notice shall be given no later than 21 days prior the election,
unless the expenditure or contribution occurs during the 21 days preceding the election,
in which case the required notice shall be provided 24 hours prior to deposit into the
candidate's campaign contribution account.
2.52.070 Campaign contribution account.
A. The campaign contribution account required by Government Code section
85201(a) shall be established at a financial institution located in San Diego County.
B. All personal funds to be expended or contributed by a candidate, including
all loans of personal funds, shall first be deposited in the candidate's campaign
contribution account.
2.52.080 Surplus campaign funds.
A. Upon leaving any elected office, or at the end of the post-election
reporting period following the defeat of a candidate for elective office, whichever occurs
13-79
Ordinance No.
last, campaign funds under the control of a candidate shall be considered surplus
campaign funds.
B. Surplus campaign funds shalI be used only for the folIowing purposes:
I. To repay contributions.
2. To make a donation to any bona fide charitable, educational, civic,
religious, or nonprofit organization, where no substantial part of the proceeds will have a
material financial effect on the candidate, any member of his or her immediate family, or
his or her campaign treasurer.
3. To pay for professional services reasonably required by the
candidate or candidate-controlIed committee to assist in the performance of its
administrative functions, including payment for attorney's fees for litigation that arises
directly out of a candidate's activities or his or her status as a candidate, including, but
not limited to, an action to enjoin defamation, defense of an action brought of a violation
of state or local campaign, disclosure, or election laws, and an action from an election
contest or recount.
2.52.090 Return of prohibited contributions.
A. A contribution need not be reported nor shalI it be deemed accepted if it is
not cashed, negotiated, or deposited and is returned to the contributor before the closing
date of the campaign statement on which the contribution would otherwise be reported, as
provided by the California Political Reform Act.
13-80
Ordinance No.
B. If a contribution is tendered and would be in violation of this chapter, it
shall be returned by the candidate to the contributor within sixty days of receipt by the
candidate.
2.52.100 Written solicitations by candidates.
Any candidate making a written solicitation for a contribution for his or her
campaign for City elective office shall include the following written notice in no less than
six point type on each such solicitation:
NOTICE
The City of Chula Vista Municipal Code limits contributions to campaigns for City
elective office to three hundred dollars per person.
2.52.110 Campaign statements.
Each candidate shall file campaign statements with the City Clerk in the time and
manner as required by the Political Reform Act of 1974 as amended (Government Code
section 84100 et seq.). Compliance with the requirements of that Act shall be deemed to
be compliance with this chapter.
2.52.120 Contributions for legal defense.
Notwithstanding anything contained herein to the contrary, a paymentto or for
the benefit of a Councilmember and Mayor, or candidate made and used for the express
purpose of offsetting costs already incurred by that Councilmember, Mayor, or candidate
in the defense of a criminal or administrative prosecutorial action against said
Councilmember, Mayor, or candidate and not made or used for the purpose of aiding in
the election of said Councilmember, Mayor, or candidate, and not made within (before or
13-81
Ordinance No.
after) 100 days of an election in which the Councilmembex, Mayor, or candidate is
competing for a seat or office, shall not be deemed to be a contribution for the purposes
of this chapter.
2.52.130 Duties of City Clerk.
In addition to other duties required of the City Clerk under the terms of this
chapter and City Charter, the Clerk shall:
A. Supply appropriate forms and manuals prescribed by the California Fair
Political Practices Commission. These forms and manuals shall be furnished to all
candidates and committees, and to all other persons required to report.
S. Determine whether required documents have been filed and, if so, whether
they conform on their face with the requirements of state law.
C. Notify promptly all persons and known committees who have failed to file
a document in the form and at the time required by state law.
D. Report alleged violations of this chapter filed pursuant to CVMC
2.52.l40(E) and applicable state law to the enforcement authority.
E. Compile and maintain a current list of all statements or parts of statements
filed with the City Clerk's office pertaining to each candidate and each measure.
F. Cooperate with the enforcement authority in the performance of the duties
ofthe enforcement authority as prescribed in this chapter and applicable state laws.
2.52.140 Enforcement.
13-82
Ordinance No.
A. The City Attorney shall not investigate or prosecute alleged violations of
this chapter, but shall defend the constitutionality and legality of this chapter in any civil
proceeding in which the City or the City Council is a party.
B. The enforcement authority, as defined by this chapter, shall investigate or
prosecute alleged violations of this chapter.
C. The City Attorney shall solicit proposals from attorneys in accordance
with Section 503 of the City Charter and Chapter 2.56 CYMC to act as the enforcement
authority eleven months prior to a general election. As part of the annual budget process,
the City Council shall appropriate no less than $100,000 to fund the retention of special
counsel to serve as the enforcement authority. These funds shall be separate from the City
Attorney's budget and used solely for the investigation and prosecution of alleged
violations of this chapter.
D. The City Attorney shall appoint a panel of no less than three attorneys to
act as the enforcement authority. These attorneys shall be compensated by the City.
Should the appointment of additional special counsel become necessary or appropriate,
the City Attorney shall appoint additional special counsel as may be required. A single
member of the special counsel panel shall be assigned to each case. Assignments shall be
made on a rotating basis.
E. Complaints of violations of this chapter shall be submitted in writing,
under penalty of perjury, by a resident of the City to the City Clerk. The complaint shall
state a full recitation of all facts that are alleged to constitute a violation of this chapter.
F. The City Clerk shall forward the complaint to the enforcement authority
13-83
Ordinance No.
within five working days of receipt for a probable cause determination. If no probable
cause is determined to exist, the complaint shall be dismissed summarily and interested
parties shall be notified of the dismissal in writing.
G. Ifprobable cause is determined to exist, the enforcement authority shall
take further investigatory and procedural steps necessary to resolve the matter.
H. Violations of this chapter may be pursued either through a civil or criminal
action at the discretion of the enforcement authority. The enforcement authority may also
commence and prosecute any necessary administrative proceedings or civil litigation to
compel compliance with this chapter. No enforcement or prosecution or action by the
enforcement authority shall be subject to the review or control of the City Attorney or
City Council.
I. The special counsel, serving as the enforcement authority, may investigate
and may institute legal action to prevent further violations. The special counsel may
decline to investigate if the allegation is also a violation of state law, and is the subject of
a complaint filed with the Fair Political Practices Commission.
J. Criminal prosecution for violations of this chapter must be commenced
within one year/four years after the date on which the violation occurred.
K. Civil prosecution for violation of this chapter must be commenced within
four years after the date on which the violation occurred. No administrative action
alleging a violation of any of the provisions of this chapter shall be commenced more
than five years after the date on which the violation occurred. If the person alleged to
have violated a provision of this chapter engages in the fraudulent concealment of his or
13-84
Ordinance No.
her acts or identity, the five-year period for administrativ~ actions shall be tolled for the
period of concealment. For purposes of this subdivision, "fraudulent concealment" means
the person knows of material facts related to his or her duties under this chapter and
knowingly conceals them in performing or omitting to perform those duties, for the
purpose of defrauding the public of information to which it is entitled under this title.
L. Special counsel, serving as the enforcement authority, shall be immune to
liability for enforcement of chapter.
2.52.150
Penalties.
A.
Any person who knowingly or willfully violates any provision of this
chapter; who knowingly or willfully causes, solicits, advises, or participates with any
other person to violate any provision of this chapter; or who knowingly or willfully aids
and abets any other person in violation of any provision ofthis chapter shall be guilty of a
misdemeanor.
B. Any person who intentionally or negligently violates any provision of this
chapter or causes any other person to violate any provision of this chapter shall be liable
in a civil or administrative action brought by the enforcement authority for an amount not
more than three times the amount the person failed to report properly or unlawfully
contributed, expended, gave or received, or $5,000 per violation, whichever is greater.
C. This section shall apply only to persons who have filing or reporting
obligations under this chapter or the Political Reform Act, or who are compensated for
services involving the planning, organization, or directing any activity regulated or
required by this chapter or the Political Reform Act.
13-85
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-- ~-_._-----_._----_.._.__.-.
Ordinance No.
D. Whether or not a violation is inadvertent, negligent, or deliberate, and the
presence or absence of good faith shall be considered in applying the remedies and
sanctions ofthis chapter. Further, in determining the amount of civil liability, the court
may take into account the seriousness of the violation and the degree of culpability of the
defendant. If a judgment is entered, the funds recovered shall be deposited into the City's
general fund.
2.52.160
Severability.
If any provision of this chapter, or the application of any such provision to any
person or circumstances, shall be held invalid, the remainder ofthis chapter to the extent
it can be given effect, or the application of those provisions to persons or circumstances
other than those as to which it is held invalid, shall not be affected thereby, and to this
end the provisions ofthis chapter are severable.
Presented by:
Approved as to form by:
Ann Moore
City Attorney
,j.~~
Ann Moore
City Attorney
J:\AlIomey\JDA WSON\Qnlinances\Campaign FinancclCampaign Finance ord (CLEAN CC OF REDLlNE)_l o-I8-07.doc
13-86
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Mayor and City Council
City Of Chula Vista
276 Fourth Avenue
Chula Vista. Ca 91910
619.691.5044 - 619.476.5379 Fax
MEMO
el1Y OF
CHULA VISTA
Tuesday, October 30, 2007
RE:
Lorraine Bennett, Deputy City Clerk
Natalie D. Flores4
Historic Preservation Advisory Committee
TO:
FROM:
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Mayor Cox would like to recommend Mr. Tom Money - Local Business Owner - Knowledge of
and Perspective with Local History and Mr. Paul Johnson! Historic Architect Experience in
Historic Preservation and Architectural History for appointment to the Historic Preservation
Advisory Committee.
Please place Messrs. Money and Johnson on the November 6, 2007 Council agenda for
ratification and schedule the oath of office for the November 13, 2007 Council agenda.
Thank you.
cc: Mayor Cox
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01Y OF
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Memorandum
Department: of Planning and Building _
Date:
To:
From:
Subject:
October 31,2007
Lori Peoples, City Clerk's Office
Lynnette Tessitore-Lopez, Associate Planner
Tom Money
As part of Mr. Money's appointment to the HP AC, I would like to mention that, in addition
to the decades of personal and professional experience in the City of Chula Vista, Mr. Money
is the property owner of an important historic site in Chula Vista. He is the owner of Historic
Site #31 - 301-305 Third Avenue: The Melville Building one of the only commercial
buildings designated in the City.
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Marston House Museum
National Register of Historic Places
The Marston House is owned by the City of San Diego and operated by the San Diego
Historical Society. The House was the home of George and Anna Marston, major
philanthosisls and important figures in shaping turn of the century San Diego. In
addition to celebrating the Marstons, the House has become noted for its Arts & Crafts
interpretation of the period and a pivotal work of famed architect Irving Gill.
Construction work consisted of seismic stabilization and an overall restoration. Seismic
efforts included bracing of two tall chimneys,
lateml bracing of the porte cochere and
anchoring the structure to the foundation.
Restomtion addressed painting, replacing termite
damage, removal of vines form facade of the
house, entire reconstruction of the garage,
electrical capacity increases and flooring
replication.
Save Our Heritage Organization - People in Preser-
vation Award
jOMN50N
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Historic Documentation & Reports
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Historic American Building Survey (H.A.B.S.)
Aztec Bowl at San Diego State University (Levell)
Quarantine Station (Level 3)
Mohnike Adobe (Level 3)
Babcock Court (Level I)
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Historic Reports and Assessments
City of Vista Historical Assessment
Mohnike Adobe Historic Structures Report
La Valencia Hotel Bungalow Documentation
Red Rest & Red Roost Historic Structures RepOlt
Marine Corp Recmit Depot Decorative Cast Stone Restoration Report
S. D. Historical Society Facade Easement Documentation & Administration
Save Our Heritage Organisation Facade Easement Documentation &Administration
Historic Designations
Aase House
Hardesty House
Newman House
Loevinger House
Homer Chandler House
Maude Woolman Deeble House
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Homer Chandler House
Newman House
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Historic American Building Survey (H.A.B.S.)
Aztec Bowl at San Diego State University (Levell)
Quarantine Station (Level 3)
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Babcock Court (Levell)
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Historic Reports and Assessments
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Mohnike Adobe Historic Structures Report
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Red Rest & Red Roost Historic StlUctures RepOlt
Marine Corp Recmit Depot Decorative Cast Stone Restoration Report
S, D. Historical Society Facade Easement Documentation & Administration
Save Our Heritage Organisation Facade Easement Documentation &Administration
Historic Designations
Aase House
Hardesty House
Newman House
Loevinger House
Homer Chandler House
Maude W<x)lman Deeble House
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Maude \Voolman Dceblc House
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