The URL can be used to link to this page

Home My WebLink About2015-01-13 Agenda Packet I declare under penalty of perjury ihat I am empioyed by the City of Chula Vista in the Office of the City Clerk and ihat I posted this � - � S document on the bulletin board according to - �-��.��_ _,d._=---�""' - _ Brown Act requirements. :._ _ -:;;? � �,+.��V t� - - 1 �g �15 - :-.n�._: ;��`« .��•'. . Signed ' � — _ -- �}'. cm oF - d .=�a'. _, ~� CHULA VISTA �`-'t;.,��F€3�- "- ` "' o e ,. _ � � � Mary Casillas Salas, Mayor Patricia Aguilar, Councilmember Gary Halbert, City Manager Pamela Bensoussan, Councilmember Glen R. Googins, City Attorney John McCann, Councilmember ponna R. Norris, City Clerk Tuesday, January 13, 2015 2:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 REGULAR MEETING OF THE CITY COUNCIL REVISED 1/9/15 Consent Calendar Items 1 and 1.5 will be heard at 2:00 p.m. Consent Calendar Items 2 through 10 _ will be heard at 4:00 p.m. All other items will be heard beginning at 6:00 p.m. CALL TO ORDER ROLL CALL: � Councilmembers Aguilar, Bensoussan, McCann and Mayor Salas PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE CONSENT CALENDAR (Part 1 - Item 1) If you wish to speak on the following item, please fill out a "Request to SpeaK' form (available in the lo6by) and submit it to the City Clerk prio� to the meeting. Items pulled from the Consent Calendar will6e discussed beginning at 6:00 p.m. City ol Chula Ysta Page/ Pdnred on 19/1015 City Council Agenda January 13,2015 1. 14-0745 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 2.04.020 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO TIME AND PLACE OF COUNCIL MEETINGS, CHANGING THE TIME OF REGULAR MEETINGS FROM 2:00 P.M. TO 4:00 P.M. (SECOND READING AND ADOPTION) Departmenf: Cl�y C�ef�C , sraffaecomme�dauo�: Council adopt the ordinance. ACTION ITEMS (Part 1 - Item 1.5) If you wish to speak on the item on this agenda, please fill out a "Request to Speak" form (available in the lo6by) and submit it to the City Clerk prior to the meeting. 1.5 14-0752 A. DELIBERATION AND APPOINTMENT TO CITY COUNCIL SEAT NO. 4 B. OATH OF OFFICE FOR NEWLY APPOINTED COUNCILMEMBER THE FOLLOWING ITEMS WILL BE HEARD BEGINNING AT 4:00 P.M.: CONSENT CALENDAR (Part 2 - Items 2-10) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or sta/f 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 prio� to the meeting. Items pulled from the Consent Calendar will be discussed beginning at 6:00 p.m. 2. 14-0750 APPROVAL OF MINUTES of January 6, 2015. srartRe�ommendano�: Council approve the minutes. 3. 14-0744 WRITTEN COMMUNICATIONS A. Letter of Resignation from Emmanuel Soto, Cultural Arts Commission. B. Letter of Resignation from Jeffrey Scott, Parks & Recreation Commission. sraaRecomme�dano�: Council accept the resignations. . Ciry o/Chu/a Vlsta Page 1 Pnnted on f9lLO15 City Council Agenda January 13, 2015 4. 14-0716 RESOLUTION OF THE CITY . COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING �80,000 FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY AND APPROPRIATING SAID FUNDS _ TO THE FEDERAL GRANTS FUND FOR THE URBAN .AREA SECURITY INITIATIVE (4/5 VOTE REQUIRED) oepa.vr�enr police Department s�anaecomme�daeon: Couricil adopt the resolution. 5. 14-0717 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $95,000 TO THE SUPPLIES AND SERVICES CATEGORY OF THE ASSET SEIZURE FUND (4/5 VOTE REQUIRED) oeaarur�e�r Police Department sraaaecomme�dario�: Council adopt the resolution. 6. 14-0721 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS; REJECTING THE BID OF THE FIRST APPARENT LOW BIDDER AS NON-RESPONSIVE; AWARDING THE CONTRACT FOR THE "BROADWAY STREET IMPROVEMENT PROJECT BETWEEN MAIN STREET AND SOUTH CITY LIMITS IN THE CITY OF CHULA VISTA, CALIFORNIA (CIP# STM381)" TO TC CONSTRUCTION IN THE AMOUNT OF $1,161,197; APPROPRIATING $150,000 FROM THE AVAILABLE BALANCE OF THE TRAFFIC SIGNAL FUND TO STM381 ; AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED y70,000 (4/5 VOTE REQUIRED) oeaarvr�e^c public Works Department scanaecomme�dano�: Council adopt the resolution. City aI ChWa Ysta Page 3 Pnnted on 19/1015 City Council Agenda January 13,2015 7. 14-0726 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, AWARDING THE CONTRACT FOR THE "STORM DRAIN REHABILITATION FY 2013/2014 AT VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA (DR193/DR196)" PROJECT TO TC CONSTRUCTION CO., IN THE AMOUNT OF $795,373, WAIVING CITY COUNCIL POLICY 574-01 , AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $80,000 oePa.n�e�r: public Works Department s�artRecomme�darro�: Council adopt the resolution. 8. 14-0688 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO THE LOCAL GOVERNMENT PARTNERSHIP AGREEMENT WITH SAN DIEGO GAS & ELECTRIC TO PROVIDE AN ADDITIONAL $1 ,563,585 FOR ENERGY EFFICIENCY PROGRAMS AND TO EXTEND THE TERM OF THE AGREEMENT; AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT AND THE CITY MANAGER TO EXECUTE ALL OTHER DOCUMENTS NECESSARY TO IMPLEMENT THE AMENDMENT; AND APPROPRIATING $1,563,585 TO THE ENERGY CONSERVATION FUND (4/5 VOTE REQUIRED) oePa.u�,e^r: public Works Department StalfRecommendation: COUnCiI 2dOpt the �2SOlutiOfl. 9. 14-0731 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE METROPOLITAN TRANSIT SYSTEM (MTS) REGARDING THE CITY'S DIVESTMENT OF PUBLIC TRANSPORTATIC": SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT oePa/vr�e�r: public Works Department sranaeoomme�dauo�: Council adopt the resolution and approve the agreement. Ciry o/Chula Vsta Page 6 Prinied on 79l1015 City Council Agenda January 13, 2015 10. 14-0727 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A $185,000 AGREEMENT BETWEEN THE CITY AND THE CENTER FOR SUSTAINABLE ENERGY (CSE) FOR SUPPORT IN IMPLEMENTING T.HE CITY OF CHULA VISTA'S SUSTAINABLE COMMUNITIES PROGRAM oePanme�r: Development Services Department srarrReoomme�da�ron: Council adopt the resolution. THE FOLLOWING ITEMS TO BE HEARD BEGINNING AT 6:00 P.M.: 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 discussing or 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. Ciry o/Chu/a Ysta Page 5 Pnnted on 1NR015 Ciry Council Agenda January 13,2015 PUBLIC HEARINGS The following item(s) have been advertised as pu6lic hearing(s) as required by law. If you wish to speak on any item, please fill out a °Request to Speal�' form (available in the lobby) and submit it to the City Clerk prior to the meeting. 11. 14-0625 CONSIDERATION OF AMENDMENTS TO CHULA VISTA MUNICIPAL CODE CHAPTER 19. 09 (GROWTH MANAGEMENT), AND APPROVAL OF THE GROWTH MANAGEMENT PROGRAM IMPLEMENTATION MANUAL AND THE GROWTH MANAGEMENT PROGRAM DOCUMENT A. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO CHULA VISTA MUNICIPAL CODE CHAPTER 19.09 (GROWTH MANAGEMENT) (FIRST READING) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GROWTH MANAGEMENT PROGRAM IMPLEMENTATION MANUAL TO REPLACE THE THRESHOLD STANDARDS AND GROWfH MANAGEMENT OVERSIGHT COMMITTEE POLICY, AND THE GROWi'H MANAGEMENTPROGRAM DOCUMENT oePa.rmenr: Development Services Department _ StaHRecommendation: COUf1CII hear public testimony, provide .comments, and continue the item to January 27, 2015. CITY MANAGER'S REPORTS MAYOR'S REPORTS COUNCILMEMBERS' COMMENTS Ciry o/ChWa Vsta Page 6 Pnnfed on 1N2015 City Council Agenda January 13, 2015 CLOSED SESSION Announcements of actions taken in Closed Sessron shall be made available by noon on Wednesday following the Council Meeting at the City Attomey's o�ce in accordance with the Ralph M. Brown Act (Government Code 54957.7). 12. 14-0751 CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9 (b) One Case ADJOURNMENT to the City Council Meeting on January 27, 2015, at 4:00 p.m., in the Council Chambers. Matenals provided to the City Council�elated to any open-session item on this agenda are available for public review at the City Clerk's Office, located in City Hall at 276 Fourth Avenue, Building A, during normal business hours. 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, contact the City Clerk's O�ce at(619) 691-5041(Califomia Relay Service is available forthe hearing impaired by dialing 711) at least forty-eight hou�s in advance of the meeting. Srgn up at www.chulavistaca.gov to receive email notifications when City Council agendas are published online. Cttyo/Ch�/a Vlsfa Page 7 Pnnretlon 19/LOfS City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0745, Item#: 1. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 2.04.020 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO TIME AND PLACE OF COUNCIL MEETINGS, CHANGING THE TIME OF REGULAR MEETINGS FROM 2:00 P.M. TO 4:00 P.M. (SECOND READING AND ADOPTION) RECOMMENDED ACTION Council adopt the ordinance. Background At its meeting of December 16, 2014, the City Council voted to change the time of regular City Council meetings from 2:00 p.m. to 4:00 p.m., with business items being heard beginning at 6:00 p.m. Staff recommends the adoption of an ordinance to amend the Municipal Code changing the start time for regular City Council meetings to 4:00 p.m., as well as a resolution amending Council Policy 104- 01 (Attachment 1), Order of Business at City Council Meetings, to specify that business items would be heard beginning at 6:00 p.m. Recent History of Council Meeting Times Date Ordinance No. New Time 10/2/2012 3235 2:00 p.m. 6/9/2009 3129 First, second, third and fourth Tuesday at 4:00 p.m. 8/15/89 2322 First Tuesday at 4:00 p.m.; second, third and fourth Tuesday at 6:00 p.m. 9/1/87 2226 Regular meetings commence 30 minutes prior to stated time for purpose of closed session, when needed Staff Contact: Donna Norris City of Chula Vista Page 1 of 1 Printed on 1/8/2015 powered by Legis 2015-01-13 Agenda Packet Page 8 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: POLICY EFFECTIVE ORDER OF BUSINESS AT CITY NUMBER DATE PAGE COUNCIL MEETINGS 10401 01/06/2015 1 of 2 ADOPTEDBY: Resolution No. 16069 DATED: 02/19/1991 AMENDED BY: Resolution Nos.: 16755(08/18/92); 18520(12/10/96);2005-342(10/11/05 xxx(01/06/2014) BACKGROUND The City Council,pursuant to Municipal Code §2.04.140,establishes its order of business at Council meetings by resolution. Historically,the order of business has also been incorporated into the Council Policy Manual. At its meeting of December 16.2014-the City Council voted to change the start time of its meetings to 4:00 p.m. to hear Special Orders of the Day and the Consent Calendar- and all other items of business- including items pulled from the Consent Calendar- at 6:00 p.m. Should the City Council complete the Special Orders of the Day and Consent Calendar prior to 6:00 p.m.- Closed Session items may be heard prior to 6:00 p.m. PURPOSE To establish the order of business at City Council meetings. POLICY Items shall be considered in the following order at City Council meetings: 1. Roll Call 2. Pledge of Allegiance to the Flag/Moment of Silence 3. Special Orders of the Day 4. Consent Calendar 6:00 p.m. 5. Items Removed From the Consent Calendar for discussion 6. Public Comments 7. Public Hearings 8. Board and Commission Reports 9. Action Items 10. City Manager's Reports 11. Mayor's Reports 12. Council Comments 13. Closed Session* 14. Adjournment *Should the Council conclude Special Orders of the Day and the Consent Calendar prior to 6:00 p.m.- it may convene in Closed Session prior to 6:00 p.m. to hear items listed on the a enda under Closed 2015-01-13 Agenda Packet Page 9 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: POLICY EFFECTIVE ORDER OF BUSINESS AT CITY NUMBER DATE PAGE COUNCIL MEETINGS 10401 01/06/2015 2 of 2 ADOPTEDBY: Resolution No. 16069 DATED: 02/19/1991 AMENDED BY: Resolution Nos.: 16755(08/18/92); 18520(12/10/96);2005-342(10/11/05 xxx(01/06/2014) Session. Upon the consent of a majority of the Council at a meeting,items may be taken out of the above order. Resolution No. 16069, approved 01/19/91, adopted the original policy, which was amended by Resolution 16755 on 08/18/92, Resolution 18520 on 12/10/96, and Resolution 2005-342 on 10/11/2005. I certify that this is the true and correct version of said Policy,adopted by the City Council of the City Of Chula Vista on the day of 120 Signed&Dated Formatted:Tab stops: 1.51',Left 2015-01-13 Agenda Packet Page 10 SECOND READING AND ADOPTION ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 2.04.020 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO TIME AND PLACE OF COUNCIL MEETINGS, CHANGING THE TIME OF REGULAR MEETINGS FROM 2:00 P.M. TO 4:00 P.M. WHEREAS, Section 306 of the Chula Vista City Charter requires the City Council to hold regular meetings at least once each month at such times as it shall fix by ordinance or resolution; and WHEREAS, Chapter 2.04.020 of the Chula Vista Municipal Code establishes the time and place of Chula Vista City Council meetings; and WHEREAS, the current ordinance sets the time for City Council meetings the first, second, third, and fourth Tuesday of each month at two o'clock p.m.; and WHEREAS, the City Council desires to amend Chapter 2.04.020 of the Chula Vista Municipal Code to set the time for all regular City Council meetings at four o'clock p.m., on the first, second, third and fourth Tuesday of each month. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Section I: Section 2.04.020 of the Chula Vista Municipal Code is hereby amended as follows: 2.04.020 Meetings — Time and place. Pursuant to Section 306 of the Charter, the Council shall hold regular meetings at least once each month. Such meetings shall be held in the Council chambers at 276 Fourth Avenue in the City, or in such other appropriate conference room within the Civic Center Complex, as may be determined by the Council. Regular meetings shall be held on the first, second, third, and fourth Tuesday of each month at twefour o'clock in the afternoon (24:00 p.m.). Regular meetings may be cancelled in special circumstances or as necessary, in the discretion of the City Manager, or by a majority vote of the Council. When the day for any regular meeting of the Council falls on a legal holiday,no meeting shall be held on such holiday. It shall be the general policy of the City Council to cancel any meetings in the last week of June and the first week of July, the Tuesday following the Thanksgiving holiday, the week following Easter, the Tuesday following Labor Day, and the week of Christmas and New Year's. Any of these meetings may be reinstituted if necessary by a majority of the Council. Section IL Severability C:\Users\GRANIC—l\AppData\Local\Temp\BCL Technologies\easyPDF 7\@ BCL @70057DCF\@BCL @70057DCF.docx 2016-01-13 Agenda Packet Page 11 Urgency Ordinance Page 2 If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid,unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Donna R.Norris Glen R. Googins City Clerk City Attorney 2015-01-13 Agenda Packet Page 12 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: POLICY EFFECTIVE ORDER OF BUSINESS AT CITY NUMBER DATE PAGE COUNCIL MEETINGS 104-01 01/06/2015 1 of 2 ADOPTED BY: Resolution No. 16069 DATED: 02/19/1991 AMENDED BY: Resolution Nos.: 16755 (08/18/92); 18520 (12/10/96); 2005-342 (10111105); 2014- xxx (01/06/2014) BACKGROUND The City Council, pursuant to Municipal Code §2.04.140, establishes its order of business at Council meetings by resolution. Historically, the order of business has also been incorporated into the Council Policy Manual. At its meeting of December 16, 2014, the City Council voted to change the start time of its meetings to 4:00 p.m. to hear Special Orders of the Day and the Consent Calendar, and all other items of business, including items pulled from the Consent Calendar, at 6:00 p.m. Should the City Council complete the Special Orders of the Day and Consent Calendar prior to 6:00 p.m., Closed Session items may be heard prior to 6:00 p.m. PURPOSE To establish the order of business at City Council meetings. POLICY Items shall be considered in the following order at City Council meetings: 4:00 p.m.: 1. Roll Call 2. Pledge of Allegiance to the Flag/Moment of Silence 3. Special Orders of the Day 4. Consent Calendar 6:00 p.m. 5. Items Removed From the Consent Calendar for discussion 6. Public Comments 7. Public Hearings 8. Board and Commission Reports 9. Action Items 10. City Manager's Reports 11. Mayor's Reports 12. Council Comments 13. Closed Session* 14. Adjournment *Should the Council conclude Special Orders of the Day and the Consent Calendar prior to 6:00 p.m., it may convene in Closed Session prior to 6:00 p.m. to hear items listed on the agenda under Closed Session. 2015-01-13 Agenda Packet Page 13 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: POLICY EFFECTIVE ORDER OF BUSINESS AT CITY NUMBER DATE PAGE COUNCIL MEETINGS 104-01 01/06/2015 2 of 2 ADOPTED BY: Resolution No. 16069 DATED: 02/19/1991 AMENDED BY: Resolution Nos.: 16755 (08/18/92); 18520 (12/10/96); 2005-342 (10111105); 2014- xxx (01/06/2014) Upon the consent of a majority of the Council at a meeting, items may be taken out of the above order. Resolution No. 16069, approved 01/19/91, adopted the original policy, which was amended by Resolution 16755 on 08/18/92, Resolution 18520 on 12/10/96, and Resolution 2005-342 on 10/11/2005. I certify that this is the true and correct version of said Policy, adopted by the City Council of the City Of Chula Vista on the day of ,20 Signed& Dated 2015-01-13 Agenda Packet Page 14 ��Ifi City of Chula Vista � ��y��p Staff Report File#: 14-0752, Item#: 1.5 A. DELIBERATION AND APPOINTMENT TO CITY COUNCIL SEAT NO. 4 B. OATH OF OFFICE FOR NEWLY APPOINTED COUNCILMEMBER For copies of the applications and resumes for interviewees, please contact the Office of the City Clerk at citvclerk(�a chulavistaca.qov <mailto:citvclerk(a�chulavistaca.qov> or 619-691-5041. City of Chula Vsia Page 7 of 7 Printed on 1I92015 oewered`y!e_is;ar^' City of Chula Vista OF CHU�LAVISTA Staff Report File#: 14-0750, Item#: 2. APPROVAL OF MINUTES of January 6, 2015. RECOMMENDED ACTION Council approve the minutes. City of Chula Vista Page 1 of 1 Printed on 1/8/2015 2015-01-13 Agenda Packet Page 15 City of Chula Vista Meeting Minutes - Draft Tuesday,January 6, 2015 4:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 SPECIAL MEETING OF THE CITY COUNCIL CALL TO ORDER A Special Meeting of the City Council of the City of Chula Vista was called to order at 4:10 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: Present: Councilmember Aguilar, Deputy Mayor Bensoussan, Councilmember McCann and Mayor Salas Also Present: City Manager Halbert, City Attorney Googins, City Clerk Norris, and Assistant City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Deputy Mayor Bensoussan led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY A. 14-0728 PRESENTATION BY DIRECTOR OF RECREATION KRISTI MCCLURE HUCKABY OF EMPLOYEE OF THE MONTH SHAUN ELLIS, RECREATION SUPERVISOR III Director of Recreation McClure Huckaby introduced employee of the month, Shaun Ellis. Mayor Sa/as read the proclamation and Councilmember McCann presented it to Mr. Ellis. B. 14-0723 PRESENTATION OF A PROCLAMATION TO ELIZABETH KOVAR, AQUATICS SUPERVISOR III, MIKE FILSON, FIRE CAPTAIN, AND JOSH SANDERS, CHULA VISTA FIREFIGHTERS FOUNDATION FOR RECOGNITION BY AQUATICS INTERNATIONAL AS BEST OF AQUATICS 2014: COMMUNITY OUTREACH FOR THE WATER AWARENESS IN RESIDENTIAL NEIGHBORHOODS (WARN) PROGRAM Mayor Sa/as read the proclamation and Deputy Mayor Bensoussan presented it to Aquatics Supervisor Kovar and Josh Sanders, representing the Chula Vista Firefighter's Foundation. CONSENT CALENDAR (Items 1 - 4) 1. 14-0734 APPROVAL OF MINUTES of December 16, 2014. Recommended Action: Council approve the minutes. City of Chula Vista Page 1 2015-01-13 Agenda Packet Page 16 City Council Meeting Minutes -Draft January 6,2015 2. 14-0719 WRITTEN COMMUNICATIONS Memorandum from Councilmember Aguilar requesting an excused absence from the December 2, 2014 City Council meeting. Recommended Action: Council excuse the absence. 3. 14-0623 RESOLUTION NO. 2015-001 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FREEWAY MAINTENANCE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAL) FOR SELECT MAINTENANCE TASKS AT LOCATIONS WITHIN THE RIGHT-OF-WAY OF STATE ROUTE 125 (SR-125) Recommended Action: Council adopt the resolution. 4. 14-0724 RESOLUTION NO. 2015-002 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING COUNCIL POLICY NO. 104-01, "ORDER OF BUSINESS AT CITY COUNCIL MEETINGS," TO SPECIFY WHICH ITEMS WILL BE HEARD BEGINNING AT 4:00 P.M. AND WHICH ITEMS WILL BE HEARD BEGINNING AT 6:00 P.M., AT REGULAR CITY COUNCIL MEETINGS ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 2.04.020 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO TIME AND PLACE OF COUNCIL MEETINGS, CHANGING THE TIME OF REGULAR MEETINGS FROM 2:00 P.M. TO 4:00 P.M. (FIRST READING) Recommended Action: Council adopt the resolution and place the ordinance on first reading. Approval of the Consent Calendar ACTION: A motion was made by Councilmember McCann, seconded by Councilmember Aguilar, to approve staff's recommendations on the above Consent Calendar items, headings read,text waived. The motion carried by the following vote: Yes: 4- Aguilar, Bensoussan, McCann and Salas No: 0 Abstain: 0 Mayor Sa/as recessed the meeting at 4:34 p.m. The Council reconvened at 6:05 p.m., with all members present. THE FOLLOWING ITEMS TO BE HEARD BEGINNING AT 6:00 P.M.: ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. City of Chula Vista Page 2 2015-01-13 Agenda Packet Page 17 City Council Meeting Minutes -Draft January 6,2015 PUBLIC COMMENTS There were none. PUBLIC HEARINGS 5. 14-0613 CONSIDERATION OF AMENDING CHAPTER 12 (SEWER FEES) OF THE CITY'S MASTER FEE SCHEDULE (Continued from the meeting of December 16, 2014.) RESOLUTION NO. 2015-003 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 12 (SEWER FEES) OF THE CITY'S MASTER FEE SCHEDULE Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Senior Civil Engineer Yano presented information on the item. Mayor Salas opened the public hearing. There being no members of the public who wished to speak, Mayor Salas closed the public hearing. ACTION: A motion was made by Deputy Mayor Bensoussan, seconded by Councilmember McCann, that Resolution No. 2015-003 be adopted, heading read, text waived. The motion carried by the following vote: Yes: 4- Aguilar, Bensoussan, McCann and Salas No: 0 Abstain: 0 CITY MANAGER'S REPORTS There were none. MAYOR'S REPORTS 6. 14-0735 DISCUSSION OF THE INTERVIEW PROCESS TO FILL THE VACANCY ON THE CITY COUNCIL The Council discussed the process to fill the Council vacancy. Linda Wagner, Chula Vista resident and Council applicant, requested that the Council explain why she was not selected to interview to fill the current Council vacancy. Council discussion continued on the process to fill the Council vacancy. There was consensus of the Council on the following items related to the process to fill the Council vacancy: - To make the appointment of an individual to the vacant seat at the meeting of January 8, 2015, if possible. - To allow a five-minute opening statement for each candidate, with up to a 20-minute total interview time, which would include questions from the Council, answers from the candidates, and a closing comment or statement from each candidate. - That the order of interviews would be established by random selection by the City Clerk, who would then communicate the interview order to the candidates. City of Chula Vista Page 3 2015-01-13 Agenda Packet Page 18 City Council Meeting Minutes -Draft January 6,2015 - To request that, out of respect for the interview process, candidates wait outside of Council Chambers during the interviews of other candidates. - That any public comments would be taken following all candidate interviews and prior to the Council's deliberation. - That each Councilmember would submit two interview questions to the City Clerk by Wednesday, January 7, 2015, at 5:00 p.m., and that all questions submitted by Councilmembers would be synthesized by the City Clerk and then kept confidential until they were distributed to the Council on the dais at the beginning of the interview process. - That the nomination process would begin with Councilmembers, in the following seniority order: 1. Mayor Salas, 2. Deputy Mayor Bensoussan, 3. Councilmember Aguilar, and 4. Councilmember McCann, making a nomination, and allowing for a second of the nomination, of the candidate he or she desired to appoint. The nominations and seconds would be held without action until all four members of the Council had the opportunity to make a nomination. Once all members had the opportunity to make a nomination, the nominations would be taken up for vote in the same seniority order that they were originally issued. - That the same questions would be asked of each candidate and that each Councilmember would have the prerogative to ask additional questions. At the request of Mayor Salas, there was consensus of Council to request that the City Manager investigate the cost of eliminating the use of bottled water in City departments. COUNCILMEMBERS' COMMENTS Deputy Mayor Bensoussan announced that the 2015 Harborfest would be held on August 22, 2015. Councilmember Aguilar reported on her recent public office hours and distributed information regarding input received from citizens on priorities for the City. Councilmember McCann recognized City employees, City Manager Halbert, City Attorney Googins, and City Clerk Norris for their work. He also thanked residents for their support and expressed his willingness to serve Chula Vista's employees, citizens, and businesses. Mayor Salas congratulated those who were selected as finalists to fill the vacant Council seat. ADJOURNMENT At 7:01 p.m., Mayor Salas adjourned the meeting to the Special Meeting on January 8, 2015 at 4:00, and thence to the Regular City Council Meeting on January 13, 2015, at 2:00 p.m., in the Council Chambers. Kerry K. Bigelow, Assistant City Clerk City of Chula Vista Page 4 2015-01-13 Agenda Packet Page 19 City of Chula Vista OF CHU�LAVISTA Staff Report File#: 14-0744, Item#: 3. WRITTEN COMMUNICATIONS A. Letter of Resignation from Emmanuel Soto, Cultural Arts Commission. B. Letter of Resignation from Jeffrey Scott, Parks & Recreation Commission. RECOMMENDED ACTION Council accept the resignations. City of Chula Vista Page 1 of 1 Printed on 1/8/2015 2015-01-13 Agenda Packet Page 20 Kerry Bigelow From: Yeelin Cheung Sent: Wednesday, January 07, 2015 11:43 AM To: Kerry Bigelow Cc: Stephanie Loney Subject: FW: Cultural Arts Commission Meeting -Jan 12 @ 5 pm Hi Kerry & Stephanie, Mr. Soto is resigning from the Cultural Arts Commission. Thanks, Yeelin From: Emmanuel Soto Seat: Wednesday, January 07, 2015 9:12 AM To: Aurora-Marie Zhivago Cc: Yeelin Cheung; Christine Moore; Melissa Baldwin; Crystal Alonso; Allen Gore; Kirin Macapugay; Jason Paguio; Jennifer Rodriguez; Subject: Re: Cultural Arts Commission Meeting - Jan 12 @ 5 pm Good Morning Cultural Arts Commissioners. I hope you all had a wonderful holiday season with your lowed ones. I am writing because I will have to step down from the Commission due to my new job. I was recently hired as the Band Director at Mar Vista High School and Mar Vista Academe. Part of this position was to co-teach the District Honor Symphony Orchestra that meets Monday Eveninss. I have enjoyed my time with the commission and hope to one day be of more help in the arts movement here in Chula Vista. I want to thank everyone for their time and I wish the commission the best of luck. Thank you. Emmanuel "CVARTS! On Tue. Jan 6. 2015 at x:29 PM. Aurora-Marie ZhivaLo %-rote: Yes I confirm my attendence! See you all there! Sent from Yahoo Mail on Android From:"Yeelin Cheung" <ycheung(d7chulavista.lib.ca us> Date:Tue, Jan 6, 2015 at 10:48 AM Subject:Cultural Arts Commission Meeting - Jan 12 @ 5 pm Hello Commissioners. 2015-01-13 Agenda Packet Page 21 January S,2015 Attn:Margarita Cellano City of Chula Vista. Building C 276 Fourth Avenue Chula Vista,CA 91910 619.409-59791 619-409-5925 (fax) Jeffrey Scott Dear Mayor,Council,Director of Parks and Recreation and PRC Commission members: This is to officially adN4se you that I am obliged to tender my resignation as a PRC Commissioner effective Jan B,2015. Mainly in part due to work obligations,working two Jobs and other commitments. have enjoyed raking part in the PRC meetings and I will be sad to have to leave my efforts with our commission behind I beh,eve since taking part of the PRC,we have begun to make real progress and change in positively influencing the.direction the PRC is going and the impact it will have for residents for the City of Chula Vista.. I would like to thank all of you for your support and cooperation during my tenure as a Commissioner. Despite all of my current commitments,I fully expect at some point or time to rejoin tae Ciry of Chula Vista at some capacity as a commissioner as I have always done in the past once things settle down for me. Until then 1 urge you all to continue on with this important and meanil}gful community sendce work Without dedicated volur_teers like you,The PRC and City Council would not have the substantial corr,rnuniry support and input that your it volvement provides. Yours in service, Jeffrey Scott 2015-01-13 Agenda Packet Page 22 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0716, Item#: 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $80,000 FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY AND APPROPRIATING SAID FUNDS TO THE FEDERAL GRANTS FUND FOR THE URBAN AREA SECURITY INITIATIVE (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY The San Diego Office of Homeland Security, who administers the Urban Area Security Initiative (UASI), has notified the City of additional fiscal year 2014 UASI funding. The Urban Area Security Initiative addresses the unique planning, organization, equipment, training, and exercise needs of high-threat, high-density urban areas. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity, Adopting an Interfund Loan Policy and associated procedures, for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378(b)(4) of the State CEQA Guidelines because adoption of the Interfund Loan Policy and associated procedures is a fiscal activity that does not involve a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the actions proposed are not subject to CEQA. BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION One of the core missions of the U.S. Department of Homeland Security is to enhance the ability of state, territory, local, and tribal governments to prevent, protect against, mitigate, respond to, and recover from acts of terrorism and other disasters. As first responders to emergency incidents, the Police, Fire and Public Works Departments have benefited greatly from several federal homeland security grants. The fiscal year 2014 Urban Area Security Initiative (UASI) provides funding for the continued development of readiness and operational response capacity of Police and Fire first responder personnel. UASI grant administrators from the California Governor's Office of Emergency Services (Cal OES) have approved the expenditure plan of equipment, planning and training needs of the City. The spending plan was submitted in advance of funding approval in accordance with grant requirements. Grant funds are restricted in how they can be spent and cannot supplant normal budgetary items for the City. City of Chula Vista Page 1 of 2 Printed on 1/8/2015 powered by Leg 2015-01-13 Agenda Packet Page 23 File#: 14-0716, Item#: 4. On December 16, 2014, the City Council accepted UASI funding in the amount of $500,000 for a major regional communications systems upgrade, a state-of-the-art firearms training simulator for the Police Department and personal protective equipment for the Fire Department. The San Diego Office of Homeland Security, who administers San Diego UASI program, has since then notified the City of additional UASI funding to enhance security at the Police Department facility. The Facility Security Enhancement Project was initiated in response to a November 2012 site survey conducted by the San Diego Law Enforcement Coordination Center (SDLECC). Two main recommendations by SDLECC will increase the facility's security and further protect the building against acts of terror or violence. The first recommendation will reinforce the front counter in the Chula Vista Police Department's lobby with bullet resistant glass and paneling, separating the public area from the interior of the Department (protecting employees at the front counter). The bullet resistant glass will replace the existing glass. There will be no significant visual change to the lobby from the public's perspective. The second recommendation will reinforce the Police Department's south facing door that leads onto Center Street. Currently, the door is clear glass and leads into a hallway that is not manned. This reinforcement will consist of steel mesh screening covering blast resistant glass. 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. Staff is not independently aware, nor has staff been informed by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. This resolution supports the goal of Strong and Secure Neighborhoods by enhancing the security of the Police Facility and the readiness of law enforcement personnel. CURRENT YEAR FISCAL IMPACT Approval of this resolution will result in a one-time appropriation of $80,000 to the supplies and services category of the Federal Grants Fund. The funding from the U.S Department of Homeland Security will completely offset these costs. Therefore, there is no net fiscal impact to the City. ONGOING FISCAL IMPACT There is no ongoing fiscal impact for accepting these grant funds. ATTACHMENTS None. Staff Contact: Jonathan Alegre City of Chula Vista Page 2 of 2 Printed on 1/8/2015 powered by Leg 2015-01-13 Agenda Packet Page 24 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $80,000 FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY AND APPROPRIATING SAID FUNDS TO THE FEDERAL GRANTS FUND FOR THE URBAN AREA SECURITY INITIATIVE WHEREAS, the San Diego Office of Homeland Security, who administers the Urban Area Security Initiative (UASI),has notified the City of additional fiscal year 2014 UASI funding; and WHEREAS, the Urban Area Security Initiative addresses the unique planning, organization, equipment, training, and exercise needs of high-threat, high-density urban areas; and WHEREAS, grant funds from the Urban Area Security Initiative are restricted in how they can be spent and cannot supplant normal budgetary items for the City; and WHEREAS, the additional fiscal year 2014 UASI funds will enhance security at the Police Department facility. NOW, THEREFORE, BE IT RESOLVED with the above findings incorporated herein, the City Council of the City of Chula Vista does hereby accept $80,000 from the U.S. Department of Homeland Security and authorizes a grant offset appropriation of $80,000 to the supplies and services category of the Federal Grants Fund for the Urban Area Security Initiative. Presented by: Approved as to form by: David Bejarano Glen R. Googins Police Chief City Attorney 2015-01-13 Agenda Packet Page 25 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0717, Item#: 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $95,000 TO THE SUPPLIES AND SERVICES CATEGORY OF THE ASSET SEIZURE FUND (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY The Police Department is requesting to appropriate $95,000 to the supplies and services category of the Asset Seizure Fund for law enforcement equipment. 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. BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION The Comprehensive Crime Control Act of 1984 authorized federal officials to implement a national asset forfeiture program. The Department of Justice Asset Forfeiture Program is a nationwide law enforcement initiative that removes the tools of crime from criminal organizations, deprives wrongdoers of the proceeds of their crimes, recovers property that may be used to compensate victims, and deters crime. The most important objective of the Asset Forfeiture Program is law enforcement. Equitable sharing further enhances this law enforcement objective by fostering cooperation among federal, state and local law enforcement agencies. Any state or local law enforcement agency that directly participates in an investigation or prosecution that results in a federal forfeiture may request an equitable share of the net proceeds of the forfeiture. The City has a separate fund to monitor revenues and expenditures relating to asset forfeitures. Department of Justice (DOJ) policy requires shared monies and property to be used for law enforcement purposes only. The Asset Forfeiture and Money Laundering Section of the U.S. DOJ outlined directives that state and local law enforcement agencies must follow to obtain and use equitably shared funds. As listed in the "Guide to Equitable Sharing for State and Local Law Enforcement Agencies" by the DOJ Asset Forfeiture and Money Laundering Section, one of the permissible uses of equitably City of Chula Vista Page 1 of 2 Printed on 1/8/2015 powered by Leg 2015-01-13 Agenda Packet Page 26 File#: 14-0717, Item#: 5. shared funds is law enforcement equipment. The Police Department is requesting to appropriate $95,000 to the supplies and services category of the Asset Seizure Fund for miscellaneous law enforcement equipment that are not included in the General Fund budget. 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. Staff is not independently aware, nor has staff been informed by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. This resolution supports the goal of Strong and Secure Neighborhoods by equipping personnel with adequate resources for community policing. CURRENT YEAR FISCAL IMPACT Approval of this resolution will result in a one-time appropriation of $95,000 to the supplies and services category of the Asset Seizure Fund based upon its available fund balance. There is no net fiscal impact. ONGOING FISCAL IMPACT There is no ongoing fiscal impact. ATTACHMENTS None. Staff Contact: Jonathan Alegre City of Chula Vista Page 2 of 2 Printed on 1/8/2015 powered by Leg 2015-01-13 Agenda Packet Page 27 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $95,000 TO THE SUPPLIES AND SERVICES CATEGORY OF THE ASSET SEIZURE FUND WHEREAS, the City has a separate fund to monitor revenues and expenditures relating to asset forfeitures; and WHEREAS, the Asset Forfeiture and Money Laundering Section of the U.S. Department of Justice outlined directives that state and local law enforcement agencies must follow to obtain and use asset forfeiture funds; and WHEREAS, as listed in the "Guide to Equitable Sharing for State and Local Law Enforcement Agencies" by the Asset Forfeiture and Money Laundering Section, one of the permissible uses of asset forfeiture funds is law enforcement equipment; and WHEREAS, the Police Department is requesting to appropriate $95,000 to the supplies and services category of the Asset Seizure Fund for miscellaneous law enforcement equipment. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby appropriate $95,000 to the supplies and services category of the Asset Seizure Fund from its available fund balance. Presented by: Approved as to form by: David Bejarano Glen R. Googins Police Chief City Attorney 2015-01-13 Agenda Packet Page 28 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0721, Item#: 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS; REJECTING THE BID OF THE FIRST APPARENT LOW BIDDER AS NON-RESPONSIVE; AWARDING THE CONTRACT FOR THE "BROADWAY STREET IMPROVEMENT PROJECT BETWEEN MAIN STREET AND SOUTH CITY LIMITS IN THE CITY OF CHULA VISTA, CALIFORNIA (CIP# STM381)" TO TC CONSTRUCTION IN THE AMOUNT OF $1 ,161,197; APPROPRIATING $150,000 FROM THE AVAILABLE BALANCE OF THE TRAFFIC SIGNAL FUND TO STM381 ; AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $70,000 (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY On November 19, 2014, the Director of Public Works received five (5) sealed bids for the "Broadway Street Improvement Project, between Main Street and South City Limits (STM381)". The proposed resolution, if approved, would accept bids, reject the bid of the first apparent low bidder as non- responsive, award the contract for the project to TC Construction in the amount of $1 ,161,197; appropriate $150,000 from the available balance of the Traffic Signal Fund to STM381 ; and authorize the expenditure of all available contingency funds in an amount not to exceed $70,000. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1(c) categorical exemption pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines. Thus, no further environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION The Broadway Street Improvement project involves the installation of sidewalk improvements, driveways, roadway median curb, full street reconstruction using Full Depth Reclamation (FDR) techniques, traffic signal upgrades and other miscellaneous improvements. On November 9, 2014, the Director of Public Works received five (5) sealed bids. They were as follows.. City of Chula Vista Page 1 of 3 Printed on 1/8/2015 powered by Leg 2015-01-13 Agenda Packet Page 29 File#: 14-0721, Item#: 6. Contractor Bid Amount 1. Just Construction - San Diego, CA (non-responsive) $1,156,566 2. TC Construction - Santee, CA (responsive) $1,161,197 3. Ramona Paving & Construction - Ramona, CA (responsive) $1,162,485 4. Portillo Concrete Inc. - Lemon Grove, CA (responsive) $1,205,300 5. Palm Engineering Construction- San Diego, CA (responsive) $1,337,065 Staff reviewed the apparent first low bid by Just Construction Inc., and determined that the bid is incomplete and non-responsive. The Just Construction Inc. bid documents included an incomplete list of subcontractors form. Specifically the Subcontractors' License Number and class, percentage of items performed by Subcontractors, and the percentage of total bid amounts were not provided. Staff then reviewed the second low bid submitted by TC Construction and determined that the bid package was complete, with no errors and omissions. Therefore, staff recommends awarding a construction contract to TC Construction in the amount of$1,161,197. The low bid submitted by TC Construction is below the Engineer's estimate of $1,282,600 by $121,403, or approximately 9%. In the past, TC Construction has satisfactorily performed construction projects for the City of Chula Vista. TC Construction is a Licensed General Contractor Class A with a current and active License No.402459. Disclosure Statement Attached is a copy of the contractor's Disclosure Statement as Attachment 1. Wage Statement The source of funding for this project is TransNet, Western TDIF and Traffic Signal Funds. Pursuant to California Labor Code section 1782(f)(2), Contractors bidding this project are not required to pay prevailing wages to persons employed by them for this project as the project was advertised prior to January 1, 2015. 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. Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The Street Improvement along Broadway between Main Street and South City Limits project support the Strong & Secure Neighborhood goal as it will ensure the maintenance and rehabilitation of public infrastructure, which is a key City function in providing a safe and efficient roadways system for residence, business and visitors alike. City of Chula Vista Page 2 of 3 Printed on 1/8/2015 2015-01-13 Agenda Packet Page 30 File#: 14-0721, Item#: 6. CURRENT YEAR FISCAL IMPACT The table below summarizes the project construction costs. FUNDS REQUIRED FOR CONSTRUCTION CONTRACT A. Base Contract Amount $1,161,197 B. Contract Contingencies $70,000 C. Construction Inspection Staff Costs $50,000 D. Survey/Monument Preservation $20,000 TOTAL FUNDS REQUIRED FOR CONSTRUCTION CONTRACT 1$1,301,197 Approval of the resolution will result in the appropriation of $150,000 from the Traffic Signal Fund; there is sufficient fund balance in this fund for this appropriation. There is no additional impact to the TransNet or the Western TDIF fund as sufficient funds are available to cover project costs. FUNDING SOURCES A. TransNet (budgeted) $1,056,471 B. Western TDIF (budgeted) $94,726 C. Traffic Signal Fund (appropriation required) $150,000 TOTAL 1$1,301,197 ONGOING FISCAL IMPACT Upon completion of the project, the improvements will require only routine City maintenance. Attachment: 1. Contractor Disclosure Statement City of Chula Vista Page 3 of 3 Printed on 1/8/2015 2015-01-13 Agenda Packet Page 31 E i i I I I CITY OF CHULA VISTA DISCLOSURE STATEMENT I Pursuant to Council Policy 101-41,prior to any action upon matters that will require discretionary action by the Council,Planning Conun.ission and all other official bodies of'tbe City,a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election roust be filed.The following information must be disclosed: I. List the names of all persons having a financial interest in the property that is the sub oa of the application orthe contract,e.g.,owner,applicant,contractor, subcontractor, material supplier. Noire i E j F 2. If any person* identified pursuant to(1)above is a corporation or partrrersbip, list the names of all 1 individuals'with a$2004 investment in the busi}less(corporation/partnership)entity. NIA t I �I I 3. If any person* identified pursuant to(I)above is a non-profit organization or trust, list the names of any person scr'ving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. I NIA 4. Please identify every person, including any agents, ornployees, consultmts, or independent contractors you have assigned to represent you before the City in this(natter. None 4 i 5. l.las any person* associated with.this contract had any financial dealings with an official** of the i City of Chula Vista as it relates to this contract within the past 12 months? Yes No X If 7es,briefly describe the nature of Me finmcial interest the officials may have in this contract. 23 1 Q:ll ngia1eeriii0,A11 1'rojeclslS MSTM381-South Broadway Pfi2\Contraat-speeds-rm18I SPEC FINAL LAL 01414.doc 2015-01-13 Agenda Packet Page 32 I 6. l:lave you made a contribution of more thart $250 within the past twelve(l2)months to a cunont rncrnbe.r of the Chula'Vista City Council?No X Yes_If yes,which Council raetnber? E E 7. f4ave you provided more than $340 (or an item of equivalent value)to an official" of the City of Chula Vista to the past twelve(12)months?(This includes beir71),a source of income,money to i retire a legal debt,gift, Loan,etc.)Yes No X If Yes,which official"and what was the nature of item.provided? E i Date. 11-19-14 j E Si= ire of Con actor/Applican-t Austin Cameron,President Print or type name of Contractor/Applicant Person is defined as; any individual, Firm, co--partnership,johit venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, � municipality, dish•ict, or other political subdivision, -or any other group or cornbina:tion acting'as a unit. ** Official includes, biA is not limited to: Mayor, Council member, Platmi.og Cuimnissioner, Member of a board,commission,or co inii.-tee of the City,employee,or staff members. . E I I E j E 24 (�_IFngia€e�io�g1AII Pr jeclsl5'rMIS`1'Nr3Sr-Sovrh Broadway Ph21GoTttract-Specsl5. NT341 SPEC FINAL LAL 101,114.doo 2015-01-13 Agenda Packet Page 33 COUNCIL RESOLUTION NO. 2014- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS; REJECTING THE BIDS OF THE FIRST APPARENT LOW BIDDER AS NON- RESPONSIVE; AWARDING THE CONTRACT FOR THE "BROADWAY STREET IMPROVEMENT PROJECT BETWEEN MAIN STREET AND SOUTH CITY LIMITS IN THE CITY OF CHULA VISTA, CALIFORNIA (CIP# STM381)" TO TC CONSTRUCTION IN THE AMOUNT OF $1,161,197; APPROPRIATING $150,000 FROM THE TRAFFIC SIGNAL FUND TO STM381; AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $70,000 WHEREAS, this project involves the installation of sidewalk improvements, driveways, roadway median curb, full street reconstruction using Full Depth Reclamation (FDR) techniques, traffic signal upgrades and other miscellaneous improvements.; and WHEREAS, the Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1(c) categorical exemption pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines. Thus, no further environmental review is necessary; and WHEREAS, on November 19, 2014, after a public bidding process, the Director of Public Works received five (5) sealed bids for the ""Broadway Street Improvement Project, between Main Street and South City Limits in the City of Chula Vista (STM381)" project; and WHEREAS, the five (5) bids submitted are as follows: CONTRACTOR BID AMOUNT 1. Just Construction — San Diego, CA (non-responsive) $1,156,566 2. TC Construction — Santee, CA (responsive) $1,161,197 3. Ramona Paving & Construction — Ramona, CA (responsive) $1,162,485 4. Portillo Concrete Inc. — Lemon Grove, CA (responsive) $1,205,300 5. Palm Engineering Construction— San Diego, CA (responsive) $1,337,065 WHEREAS, Staff reviewed the apparent first low bid by Just Construction Inc., and determined that the bid is incomplete and non-responsive. The Just Construction Inc. bid documents included an incomplete list of subcontractors form. Specifically the Subcontractors' License Number and class, percentage of items performed by Subcontractors, and the percentage of total bid amounts were not provided; and C:AUsers\GRAlVIC-l\AppData\Local\Temp\BCL Technologies\easyPDF 71,@BCL@E0050B9F\@BCL@E0050B9F.doc 2015-01-13 Agenda Packet Page 34 Resolution No. 2014- Page 2 WHEREAS, Staff then reviewed the second low bid submitted by TC Construction and determined that the bid package was complete, with no errors and omissions. Therefore, staff recommends awarding a construction contract to TC Construction in the amount of $1,161,197; and WHEREAS, low bid submitted by TC Construction is below the Engineer's estimate of$1,282,600 by $121,403, or approximately 9%; and WHEREAS, in the past, TC Construction has satisfactorily completed projects for the City of Chula Vista; and WHEREAS, TC Construction is a licensed General Engineering Contractor Class A with a current and active License No. 402459; and WHEREAS, pursuant to California Labor Code section 1782(f)(2), Contractors bidding this project are not required to pay prevailing wages to persons employed by them for the work under this project as the project was advertised prior to January 1, 2015; and WHEREAS, sufficient TransNet funds are available in the CIP Project No. STM367 to complete the project; and WHEREAS, a breakdown of construction costs is as follows: FUNDS REQUIRED FOR CONSTRUCTION CONTRACT A. Base Contract Amount $1,161,197 B. Contract Contingencies $70,000 C. Construction Inspection Staff Costs $50,000 D. Survey/Monument Preservation $20,000 TOTAL FUNDS REQUIRED FOR CONSTRUCTION CONTRACT $1,301,197 WHEREAS, the fiscal year 2015 budget includes $1,056,474 in funding from the TransNet fund and $94,726 in funding the Western TDIF fund, and staff is requesting an appropriation of $150,000 from the available balance of the Traffic Signal Fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it accepts bids for the "Broadway Street Improvement Project, between Main Street and South City Limits (STM381)" project; rejects the bid of the first apparent low bidder as non-responsive; awards the contract for the "Broadway Street Improvement Project, between Main Street and South City Limits (STM381)" project to TC Construction in the amount of $1,161,197; appropriates $150,000 to the CIP expense category of the Traffic Signal Fund for CIP Project STM381; and authorizes the expenditure of all available contingency funds in an amount not to exceed $70,000. Presented by 2015-01-13 Agenda Packet Page 35 Resolution No. 2014- Page 3 Approved as to form by Richard A. Hopkins Director of Public Works Glen R. Googins City Attorney 2015-01-13 Agenda Packet Page 36 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0726, Item#: 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, AWARDING THE CONTRACT FOR THE "STORM DRAIN REHABILITATION FY 2013/2014 AT VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA (DR193/DR196)" PROJECT TO TC CONSTRUCTION CO., IN THE AMOUNT OF $795,373, WAIVING CITY COUNCIL POLICY 574-01 , AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $80,000 RECOMMENDED ACTION Council adopt the resolution. SUMMARY On December 3, 2014, the Director of Public Works received nine (9) sealed bids for the "Storm Drain Rehabilitation FY 2013/2014 at various locations in the City of Chula Vista (DR193/DR196)" project. The project will rehabilitate portions of the City's storm drain system. The project includes the replacement and lining of existing corrugated metal pipe (CMP), installation of new drainage inlet frames and grates, and repair of an existing box culvert at various locations. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1 (c) categorical exemption pursuant to Section 15301 [Existing Facilities] of the State CEQA Guidelines because the project consists of the removal and replacement or rehabilitation of existing corrugated storm drain pipes at various locations in the City of Chula Vista involving negligible or no expansion of an existing use. Ancillary work will include replacement of asphalt surfaces, curbs and gutters as may be needed. Thus, no further environmental review is required. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION Based on the results of inspections, including those performed with a closed circuit television camera, a number of existing corrugated metal pipes (CMP) conveying storm water runoff have been identified by the Public Works Department as requiring replacement and/or rehabilitation. These pipes are deteriorated and need to be either replaced or relined to contain and convey storm water runoff and to prevent structural failure of the pipe and sinkholes. The project also repairs a portion of an existing damaged box culvert and replaces storm drain cleanouts, drainage inlet frames, and g rates. The Contractor will be allowed to perform work at night to reduce traffic congestion within business areas of the City during the day. Night work within residential neighborhoods will not be allowed. City of Chula Vista Page 1 of 3 Printed on 1/8/2015 powered by Leg 2015-01-13 Agenda Packet Page 37 File#: 14-0726, Item#: 7. On December 3, 2014, Public Works staff advertised the annual "Storm Drain Rehabilitation FY 13/14 at Various Locations in the City of Chula Vista (DR193/DR196)" project. The apparent low bidders were contingent upon a grand total base bid of all proposed locations. The bids from the nine (9) Contractors are as follows: NO. CONTRACTOR BID 1 TC Construction Co. - Santee, CA $795,373.00 2 Just Construction - San Diego, CA $843706.30 3 IPalm Engineering - San Diego, CA $880,909.00 4 Ramona Paving & Construction Corp. - Ramona, CA $892,506.00 5 New Century Construction, Inc. - Lakeside, CA $919,127.00 6 GRFCO, Inc. - Brea, CA $957,641.50 7 Burtech Pipeline, Inc. - Encinitas, CA $996,975.50 8 PAL General Engineering - San Diego, CA $1,072,186.00 9 Weir Construction Corporation - Escondido, CA $1,052,104.00 The low bid submitted by TC Construction Co. is below the Engineer's estimate of $819,600 by $24,227, or approximately 3%. TC Construction Co.'s performance on several other capital improvement projects within the City has been satisfactory. Staff reviewed the low bid and determined that the bid package is complete, with no errors or omissions. Therefore, staff recommends awarding the contract to TC Construction Co. in the amount of $795,373. TC Construction Co. is a licensed General Engineering Contractor (License No. 402459). Their license status is current and active per the Department of Consumer Affairs Contractor State License Board. The proposed resolution would also authorize the Director of Public Works to approve change orders over and above existing policy limits. Under City Council Policy No. 574-01, if an individual change order causes the cumulative increase in change orders to exceed the Director's authority ("Maximum Aggregate Increase in Change Orders"), then City Council approval is required. The corresponding maximum aggregate contract increase that may be approved by the Director of Public Works under Policy No. 574-01 is $58,676. Approval of the resolution would increase the Director of Public Works' authority to approve change orders, as necessary, up to the contingency amount of $80,000, an increase of $21,324 over Policy No. 574-01. Increasing the contingency funds will allow staff to continue the project without delay should unforeseen circumstances resulting in increased project costs arise during the course of construction, as well as make adjustments to bid item quantities. Unforeseen conditions include such items as utility conflicts, hazardous materials, unexpected underground conflicts, etc. If the contingency funds are not used, then they will be returned to the project fund balance. Disclosure Statement Attachment 1 is a copy of the Contractor's Disclosure Statement. Wage Statement Pursuant to California Labor Code section 1782(f)(2), the Contractor that is awarded the contract and City of Chula Vista Page 2 of 3 Printed on 1/8/2015 2015-01-13 Agenda Packet Page 38 File#: 14-0726, Item#: 7. its subcontractors are not required to pay prevailing wages to persons employed by them for work under this Contract, as the project was advertised prior to January 1 , 2015. 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. Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The "Storm Drain Rehabilitation FY 2013/2014 at various locations in the City of Chula Vista (DR193/DR196)" project supports the "Strong & Secure Neighborhoods" goal as it will ensure the successful conveyance of storm water runoff into and through the City's storm drain system, to designated outlet points. Proper management of storm water runoff preserves private and public properties from flood damage, thus preserving the quality of life for residents and creating an appealing community for the residents to live, work, and play. CURRENT YEAR FISCAL IMPACT Sufficient TransNet funds are available in DR187, DR193, and DR196 to complete the project. Therefore, there is no additional impact to the TransNet Fund. The following table summarizes the project construction costs. FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount $795,373 B. Contract Contingency $ 80,000 C. Construction Inspection Staff Cost $ 75,000 D. Design & Survey Support, Geotechnical$ 50,000 TOTAL FUNDS REQUIRED FOR CONST$1,000,373 ONGOING FISCAL IMPACT Upon completion of the project, the improvements will require routine maintenance. ATTACHMENTS Attachment 1 - Contractor's Disclosure Statement Staff Contact:Alan Reyes, Associate Civil Engineer City of Chula Vista Page 3 of 3 Printed on 1/8/2015 powered by Leg 2015-01-13 Agenda Packet Page 39 CITY OF CHUJLA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 101-Q1,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: I. 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. None 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a$2400 investment in the business(corporation/partnership)entity. I NIA 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. NIA i I i 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. None S. Has any person* associated with this contract had any financial dealings with an official** of tte 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. 22 QAEngineedng1A11 PrajectslDR1DR193-C1v1P RobabTontracODR193-DR196 Contractdoc 2015-01-13 Agenda Packet Page 40 5. 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 X Yes—If yes,which Council member? I 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 X If Yes,which official"*and what was the nature of item provided? i Date: Signa re of Contractor/Applicant Austin Cameron, President Print or type name of Contractor/Applicant * Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fratemal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board,commission,or committee of the City,employee, or staff members. j a 1 i 23 Q\Engineering\A,ll ProjectsORTRI93-CMP RehablContract\DR193-DR196 Contract.doc 2015-01-13 Agenda Packet Page 41 RESOLUTION NO. 2015- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE "STORM DRAIN REHABILITATION FY/2013/2014 AT VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA, CALIFORNIA (DR193/DR196)" PROJECT TO TC CONSTRUCTION CO., IN THE AMOUNT OF $795,373, WAIVING CITY COUNCIL POLICY 574-01, AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $80,000 WHEREAS, on December 3, 2014, the Director of Public Works received nine (9) sealed bids for the"Storm Drain Rehabilitation FY 2013/2014 at Various Locations in the City of Chula Vista (DR193/DR196)"project; and WHEREAS, the work to be done consists of the replacement and lining of existing corrugated metal pipe (CMP), installation of new drainage inlet frames and grates, and repair of an existing box culvert at various locations; and WHEREAS, the Director of Public Works received nine (9)bids as follow: NO. CONTRACTOR BASE BID TOTAL 1 TC Construction Co.— Santee, CA $795,373.00 2 Just Construction— San Diego, CA $843,706.30 3 Palm Engineering—San Diego, CA $880,909.00 4 Ramona Paving & Construction Corp. —Ramona, CA $892,506.00 5 New Century Construction, Inc.—Lakeside, CA $919,127.00 6 GRFCO, Inc.—Brea, CA $957,641.50 7 Burtech Pipeline, Inc.—Encinitas, CA $996,975.50 8 PAL General Engineering—San Diego, CA $1,072,186.00 9 Weir Construction Corporation—Escondido, CA $1,052,104.00 2015-01-13 Agenda Packet Page 42 Resolution No. Page 2 WHEREAS, the apparent low bid by TC Construction Co. of $795,373 is below the Engineer's estimate of$819,600 by $24,227 (approximately 3% below the Engineer's estimate); and WHEREAS, TC Construction Co.'s Contractor's License No. 402459 is current and active; and WHEREAS, staff has verified the references provided by the Contractor and determined them to be satisfactory; and WHEREAS, staff has reviewed the low bid and recommends awarding the contract to TC Construction Co. in the amount of$795,373; and WHEREAS, in order to approve change orders as necessary, staff is requesting City Council waive Council Policy No. 574-01. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it does award the contract for the "Storm Drain Rehabilitation FY 2013/2014 at Various Locations in the City of Chula Vista (DR193/DR196)" project to TC Construction Co. in the amount of$795,373. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it does hereby waive Council Policy 574-01 and authorize the expenditure of all available contingency funds in an amount not to exceed$80,000. Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney 2015-01-13 Agenda Packet Page 43 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0688, Item#: 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO THE LOCAL GOVERNMENT PARTNERSHIP AGREEMENT WITH SAN DIEGO GAS & ELECTRIC TO PROVIDE AN ADDITIONAL $1 ,563,585 FOR ENERGY EFFICIENCY PROGRAMS AND TO EXTEND THE TERM OF THE AGREEMENT; AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT AND THE CITY MANAGER TO EXECUTE ALL OTHER DOCUMENTS NECESSARY TO IMPLEMENT THE AMENDMENT; AND APPROPRIATING $1 ,563,585 TO THE ENERGY CONSERVATION FUND (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY Since 2006, the City and San Diego Gas & Electric have been collaborating through a Local Government Partnership to identify unique opportunities to maximize energy efficiency by leveraging municipal policies, programs, and services. As a result, the Local Government Partnership has helped to reduce the amount of energy consumed by municipal buildings as well as the broader Chula Vista community. In addition to lowering monthly utility costs, these energy savings contribute to lowering Chula Vista's greenhouse gas emissions, reducing demand for local power generation, and improving air quality. The proposed amendment to the Local Government Partnership agreement would provide an additional $1,563,585 and would enable implementation to continue through March 2016. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity qualifies for a Class 8 categorical exemption pursuant to Section 15308 [Actions by Regulatory Agencies for Protection of the Environment] of the State CEQA Guidelines because the proposed actions will result in the implementation of energy efficiency programs that are designed to improve local air quality and reduce greenhouse gas emissions. Thus, no further environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION In 2006, the City and San Diego Gas & Electric began collaborating through a Local Government Partnership (LGP) to identify unique opportunities to leverage municipal policies, programs, and services to maximize energy efficiency in Chula Vista. The LGP has since matured into a comprehensive and highly-effective initiative, which has been recognized statewide as a model for successful collaboration. The funding is provided through "Public Purpose Program" charges embedded within utility rates as authorized by the California Public Utilities Commission. The funds City of Chula Vista Page 1 of 3 Printed on 1/8/2015 powered by Leg 2015-01-13 Agenda Packet Page 44 File#: 14-0688, Item#: 8. are used to reduce the amount of kilowatt-hours (electricity) and therms (gas) consumed by municipal buildings as well as the broader Chula Vista community, especially sectors which historically have not fully participated or are not eligible for existing energy incentive programs. The City and SDG&E were awarded a $3,127,170 budget by the California Public Utilities Commission in July 2012 to continue the successful Local Government Partnership for two more years and amended their original 2009 LGP agreement accordingly (Resolution #2012-235). Recently, the California Public Utilities Commission has once again approved extending Chula Vista's LGP with SDG&E for another year (through March 31, 2016) with an additional $1,563,585 in authorized budget ($4,690,755 total). As such, the City and SDG&E are proposing a second amendment to the original agreement. The Chula Vista/SDG&E Local Government Partnership aligns with the Council-adopted Chula Vista Energy Strategy & Action Plan (2001), which prioritized energy management options to address citywide demand and supply, and the Chula Vista Municipal Building Energy Efficiency Policy (2005), which requires the incorporation of energy-conserving measures into City facilities. In addition to lowering energy use and costs, the LGP contributes to lowering Chula Vista's greenhouse gas emissions, reducing demand for local power generation, and improving air quality. Over the next year, the Local Government Partnership will allow the Public Works Department to identify and implement energy improvements at municipal facilities including exploring LEED certification for a City-owned building. In the community, the funding will support energy efficiency education and no-cost services for residents and businesses through the Free Resource & Energy Business Evaluations (FREBE), Home Upgrade Carbon Downgrade, Library Energy Lounge, and Recreation Empower Hour programs. Similarly, the Development Services Department will be able to provide no-cost technical assistance to contractors and developers to help them comply with state and local energy codes and access available energy efficiency rebates. Finally, the additional LGP funding will allow the City to further develop the Climate Change Working Group's energy-related recommendations for future City Council consideration. 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. Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods, and a Connected Community. The Local Government Partnership directly supports the Healthy Community goal because it seeks to reduce demand for power generation, thus helping to improve local air quality. The Local Government Partnership will also result in lower long-term utility use and costs at municipal facilities and throughout the community. CURRENT YEAR FISCAL IMPACT The $1,563,585 appropriation will support continued implementation of the Chula Vista/SDG&E Local Government Partnership program through March 2016. The funds, which will be appropriated to the City of Chula Vista Page 2 of 3 Printed on 1/8/2015 2015-01-13 Agenda Packet Page 45 File#: 14-0688, Item#: 8. Energy Conservation Fund, will be used to support City staff time and program costs for developing and implementing energy efficiency programs at municipal facilities (non-capital expenditures only) and in the community. For Fiscal Year 2015, staff will be appropriating $192,407 to the Personnel Services category, $646,412 to the Services and Supplies category, $724,298 to the Other Expenses category, and $468 to the Utilities category of the Energy Conservation Fund to be offset by grant revenue. ONGOING FISCAL IMPACT The second amendment to the current Local Government Partnership agreement will provide an additional $1,563,585 through the program period ending on March 31, 2016. These funds will fully support City staff time and program costs associated with developing and implementing identified energy efficiency-related programs. The Municipal Energy Efficiency Improvements component will produce long-term annual energy cost savings for the City's General Fund and help minimize the impact of future utility rate increases. The program also helps local businesses and residents reduce their monthly utility costs and redirect those financial resources to support local purchases and job creation. ATTACHMENTS Attachment 1 - Amendment #2: 2010-2012 Local Government Partnership Agreement Exhibit F - 2015 Local Government Partnership Scope of Work Attachment 2 - 2010-2012 Local Government Partnership Agreement Staff Contact: Brendan Reed City of Chula Vista Page 3 of 3 Printed on 1/8/2015 2015-01-13 Agenda Packet Page 46 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) APPROVING THE SECOND AMENDMENT TO THE LOCAL GOVERNMENT PARTNERSHIP AGREEMENT WITH SAN DIEGO GAS & ELECTRIC TO PROVIDE AN ADDITIONAL $1,563,585 FOR ENERGY EFFICIENCY PROGRAMS AND TO EXTEND THE TERM OF THE AGREEMENT, (2) AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT AND THE CITY MANAGER TO EXECUTE ALL OTHER DOCUMENTS NECESSARY TO IMPLEMENT THE AMENDMENT, AND (3) APPROPRIATING $1,563,585 TO THE ENERGY CONSERVATION FUND WHEREAS, the Local Government Partnership (LGP) between the City of Chula Vista and San Diego Gas & Electric (SDG&E) supports energy efficiency services to local residents, businesses, and City operations that reduce the amount of electricity and natural gas consumed and lower monthly utility costs; and WHEREAS, the funding is provided through "Public Purpose Program" charges embedded within utility rates as authorized by the California Public Utilities Commission; and WHEREAS, the City and SDG&E entered into an Agreement in 2009 to establish the terms and conditions under which the Local Government Partnership (the "Program") would be implemented for the years 2010 through 2012; and WHEREAS, the Parties amended the Agreement in December 2012 to extend the Program through 2014 (Resolution 92012-235); and WHEREAS, the proposed second amendment would extend the LGP Agreement through March 2016 and provide $1,563,585 in additional funding ($4,690,755 total); and WHEREAS, the additional funding would support the goals outlined in the Chula Vista Energy Strategy & Action Plan (2001) and Chula Vista Municipal Building Energy Efficiency Policy (2005), as well as help the City further explore the energy-related recommendations recently presented by the Climate Change Working Group. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it: (1) Approves "Amendment No. 2 to Agreement to Jointly Deliver the City of Chula Vista Energy Efficiency and Conservation Partnership Program," in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which is on file in the office of the City Clerk; and 2015-01-13 Agenda Packet Page 47 Resolution No. Page 2 (2) Authorizes and directs the Mayor to execute Amendment No. 2 and the City Manager to execute all other documents necessary to implement Amendment No. 2; and (3) Approves a revenue-offset appropriation of $192,407 to the Personnel Services category, $646,412 to the Services and Supplies category, $724,298 to the Other Expenses category, and $468 to the Utilities category of the Energy Conservation Fund for Fiscal Year 2015. Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Director, Public Works City Attorney 2015-01-13 Agenda Packet Page 48 Amendment No. 2 to the Agreement to Jointly Deliver the City of Chula Vista Energy Efficiency and Conservation Partnership Program This Amendment ("Amendment No. 2"), effective as of January 1, 2015, amends that certain "Agreement to Jointly Deliver the 2010-2012 City of Chula Vista Energy Efficiency and Conservation Partnership Program" (the "Agreement"), effective as of January 1, 2010, by and among San Diego Gas & Electric Company ("SDG&E") and the City of Chula Vista ("City"). Each of SDG&E and City may be referred to herein individually as a "Party" and collectively as the "Parties." Any capitalized terms not defined herein shall have the meanings prescribed to them in the Agreement. WHEREAS, the Agreement sets forth the terms and conditions under which the City of Chula Vista Energy Efficiency and Conservation Partnership Program (the "Program")would be implemented for the years 2010 through 2012; and WHEREAS, the Parties previously amended the Agreement to extend implementation of the Program for the years 2013 through 2014 (the "2013-2014 Program") ("Amendment No. 1"); and WHEREAS, the Parties now desire to further amend the Agreement in order to extend implementation of the 2013-2014 Program through year 2015 (the "2013-2015 Program"). NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, in accordance with Section 23 of the Agreement, the Parties hereby amend the Agreement as follows: 1. The following language shall replace the last sentence of Section 1.4: "The total Authorized Budget for the 2013-2015 Program shall be $4,690,755, as set forth in the "2013-2014 Local Government Partnership Final Scope of Work," attached as Exhibit E to this Agreement, and the "2015 Local Government Partnership Final Scope of Work," attached as Exhibit F to this Agreement. 2. The following language shall be added at the end of Section 1.7: "The Parties' Scope of Work to be completed during the 2015 program year is attached to this Agreement as Exhibit F, and is incorporated by this reference." 3. The following language shall replace the second sentence, following the heading, in Section 9.1: "The total Authorized Budget for performance of the Authorized Work for the 2013-2015 Program is $4,690,755." 4. In Sections 10 and 11,replace "2015"with"2016." 5. In Section 24.1, replace "March 31, 2015" with "March 31, 2016." Replace the last sentence of the section with the following language: "Notwithstanding the foregoing, all costs for the 2010-2012 Program must be incurred by December 31, 2012 and all costs for the 2013-2015 Program must be incurred by December 31, 2015." 2015-01-13 Agenda Packet Page 49 6. Except as specifically modified by this Amendment, all of the terms, conditions and provisions of the Agreement and Amendment No. 1 shall be unmodified and shall remain in full force and effect. 7. Capacity of Parties. Each signatory and party to this Amendment warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Amendment, and that all necessary resolutions or other actions have been taken so as to enable it to enter into this Amendment. (End of page. Next page is signature page.) 2015-01-13 Agenda Packet Page 50 Signature Page to Amendment No. 2 to Agreement to Jointly Deliver the City of Chula Vista Energy Efficiency and Conservation Partnership Program IN WITNESS WHEREOF, the Parties have executed this Amendment, indicating that they have read and understood same, and indicate their full and complete consent to its terms: City of Chula Vista By: Mary Salas,Mayor Attest: Donna Norris, City Clerk Approved as to form: Glen R. Googins, City Attorney 2015-01-13 Agenda Packet Page 51 SDG&E: SAN DIEGO GAS & ELECTRIC COMPANY Signature: Name (Print): Title: 2015-01-13 Agenda Packet Page 52 EXHIBIT F CITY OF CHULA VISTA 2015 LOCAL GOVERNMENT PARTNERSHIP SCOPE OF WORK PROGRAM OVERVIEW a) Program Title: Chula Vista Local Government Partnership b) Program Budget(1-Year): $1,563,585 c) Program Term: January 1, 2015 through December 31, 2015 d) Main Contact Information: Brendan Reed, Environmental Resource Manager Public Works Department- Conservation Section 276 Fourth Avenue Chula Vista, CA 91910 619-409-5889 Office 619-476-5310 Fax PROGRAM COMPONENT Municipal Energy Management CA-LTEESP SUPPORT The City's Municipal Energy Management component will support the following CA Long-Term Energy Efficiency Strategic Plan goals: 3. Local governments lead by example with their own facilities. 5. Local government energy efficiency expertise becomes widespread and typical. DESCRIPTION The SDG&E/Chula Vista Energy Efficiency Partnership will expand the City's efforts to reduce municipal energy use through facility retrofits and upgrades. Chula Vista owns, leases, and/or operates over 90 buildings and structures totaling approximately 1.4 million square feet. Annually, the City's facilities consume an estimated 16.5 million kWh and 900,000 therms. In addition, the program will help train municipal facility managers on better energy management practices and will complement Chula Vista's ongoing investments in renewable energy generation. 2015 Chula Vista Local Government Partnership 1 of 15 Final SOW—12-3-14 2015-01-13 Agenda Packet Page 53 GOALS, OBJECTIVES, & DELIVERABLES 1. Develop integrated energy management strategies for major City buildings and facilities. a. Objective — As outlined in the new City Operations Sustainability Plan, pursue retro-commissioning and green building certification for select municipal facilities to identify more efficient and sustainable operation practices. i. Deliverable—Host a LEED-EBOM training for City operations staff to expand in-house capacity and knowledge. Performance Goal: At least 10 staff participating (can include other South Bay cities' staff). ii. Deliverable — Produce a summary report outlining the best practices that could improve the efficient operations of municipal buildings on a daily basis. Performance Goal: At least 10 best practices identified. Performance Goal: At least I building assessed for LEED-EBOM equivalency. b. Objective — Determine the feasibility of leveraging the City's current water pumping management system to improve real time energy management capabilities. i. Deliverable— Produce a summary report outlining the applicability of the SCADA water pumping system to act as an energy management tool for municipal facilities. Performance Goal: At least I design schematic created for a pilot site. ii. Deliverable — Update Capital Improvement Project (CIP) bid requirements, as appropriate, to include the new energy management system specifications. Performance Goal: At least 1 specification sheet created. 2. Reduce energy consumption at City buildings, facilities, and related infrastructure as part of the Department of Energy's Better Buildings Challenge. a. Objective — Coordinate the installation of energy efficient retrofit projects (such as HVAC, lighting, and VFDs) at City buildings, facilities, and related infrastructure by using information obtained in section I above. i. Deliverable — Reduce building energy use through energy efficiency improvements and energy management efforts. b. Objective—Pursue current and emerging energy efficiency financing options to provide installation capital costs, which are not covered under existing incentive programs. i. Deliverable — Secure retrofit project financing, such as California Energy Commission loans, SDG&E On-Bill Financing, and/or CSCDA Sustainable Energy Bond Program (exact value dependent on identified retrofit project list). 2015 Chula Vista Local Government Partnership 2 of 15 Final SOW—12-3-14 2015-01-13 Agenda Packet Page 54 Performance Goal: At least $1,000,000 in financing issued (includes PACE financing thru "Community Energy Conservation &Upgrade Outreach" component below). SDG&E PROVIDED DATA To assist in accomplishing the objectives listed above, San Diego Gas & Electric will electronically provide the City (on a monthly basis) with energy data for Chula Vista municipal accounts, including: • Account Number • Service Address • Energy Use • Energy Demand • Energy Costs • Total Costs TARGET AUDIENCE To include: Municipal facility managers and support staff SCHEDULE • Jan—June `15: Host a green building training for staff Identify energy-related building O&M best practices • July—Dec '15: Secure financing& begin retrofit projects Complete energy efficiency retrofit projects BUDGET Program Name: Municipal Energy Management Program Budget Item ($) (%) Administrative Costs - - Marketing/Outreach Costs - - Incentive/Rebate Costs - - Direct Implementation Costs $186,483 100% Total $186,483 100% PROGRAM COMPONENT Community Energy Conservation &Upgrade Outreach 2015 Chula Vista Local Government Partnership 3 of 15 Final SOW—12-3-14 2015-01-13 Agenda Packet Page 55 CA-LTEESP SUPPORT The City's Community Energy Conservation &Upgrade Outreach component will support the following CA Long-Term Energy Efficiency Strategic Plan goals: 4. Local governments lead their communities with innovative programs for energy efficiency, sustainability, and climate change. 5. Local government energy efficiency expertise becomes widespread and typical. DESCRIPTION The Community Energy Upgrade & Conservation Outreach program is designed to complement San Diego Gas & Electric's residential and commercial energy efficiency programs by providing trained City staff to engage and educate Chula Vista businesses, residents, and contractors about energy-saving opportunities. City staff are able to play a unique role in delivering energy efficiency programs to their community, both because their more proximate relationship with citizens, and because they are able to leverage other municipal services/processes to maximize outreach effectiveness. GOALS, OBJECTIVES, & DELIVERABLES 1. Increase the business community's awareness about energy-saving opportunities and participation in available energy efficiency programs offered by SDG&E/CPUC. a. Objective — Trained staff will perform free on-site energy evaluations for Chula Vista businesses through the City's successful Free Resource & Energy Business Evaluation (FREBE) program. City staff will provide participants with an integrated energy audit, an overview of applicable SDG&E direct install, incentive, and financing programs, and assistance completing incentive and/or On-Bill Financing applications. City staff will also, whenever possible, acquire the SDG&E account number of the facility being evaluated. i. Deliverable — Develop energy and water evaluation reports for local businesses to generate and track immediate referrals for SDG&E core programs. Performance Goal: At least 500 on-site business evaluations completed. ii. Deliverable— Survey participating businesses quarterly via online or mail to identify and better understand energy upgrade opportunities, SDG&E program interest, and customer satisfaction. Performance Goal: At least 50% of respondents implementing at least 1 of the City's recommendations. b. Objective — As part of the business evaluations, City staff will specifically facilitate low-cost energy efficiency solutions and educate participants on new energy-saving technologies. i. Deliverable — Distribute "smart" power strips or similar low cost energy-saving devices (limit one per business during one year cycle) to help demonstrate the benefits of simple energy upgrades to businesses. Performance Goal: At least 300 low cost energy-saving devices 2015 Chula Vista Local Government Partnership 4 of 15 Final SOW—12-3-14 2015-01-13 Agenda Packet Page 56 distributed. ii. Deliverable—Assist SDG&E in recruiting businesses into low cost, turnkey energy solution programs, such as Direct Install and Programmable Communicating Thermostat (PCT) services. Performance Goal: At least 300 direct referrals sent to SDG&E core programs. c. Objective — Local businesses that are voluntarily incorporating energy efficiency and other sustainable practices into their operations will be recognized through the Chula Vista CLEAN Business program. The program, which is co-sponsored by the Chula Vista Chamber of Commerce and the Third Avenue Village Association, provides additional technical, marketing, and networking opportunities for these "early adopter" businesses (co funded). i. Deliverable — Organize networking events and/or campaigns to share best practices and lesson learned among participants and to highlight newly available energy and sustainability programs. Performance Goal: At least 4 events or campaigns organized with at least 50 businesses participating total. ii. Deliverable — Highlight exemplary businesses and other community members that are energy efficiency leaders through annual Chula Vista CLEAN Champion Awards under the auspices of the City's Resource Conservation Commission. Performance Goal: At least 4 businesses or community members recognized. iii. Deliverable — Transition participating businesses onto a new Regional Green Business web platform to better link identified energy efficiency opportunities with available SDG&E core programs. Performance Goal: At least 200 businesses participating in program and utilizing new web platform to track their improvements. d. Objective — To build momentum towards a local clean energy economy, staff will work to retain and expand clean tech-oriented businesses in Chula Vista. Further, staff will work with current Chula Vista businesses to identify opportunities for new"green"products and service development(co funded). i. Deliverable — Initiate recruitment initiatives for clean tech-oriented businesses and/or development projects, which also generate referrals for SDG&E's energy efficiency core programs. ii. Deliverable — Promote business-to-business transactions between current clean tech-oriented businesses (and local supply enterprises supporting these businesses) through informal and formal networks, which also generate referrals for SDG&E's core programs. Performance Goal: At least 50 direct referrals sent to SDG&E core programs. 2015 Chula Vista Local Government Partnership 5 of 15 Final SOW—12-3-14 2015-01-13 Agenda Packet Page 57 2. Increase residents' awareness about energy-saving opportunities and participation in energy efficiency programs such as Energy Upgrade California (EUC) and Energy Savings Assistance Program (ESAP). a. Objective—Trained staff will outreach to residents at community events and through community-wide campaigns to educate them on new energy efficiency technologies and available incentive and financing programs. i. Deliverable — Participate in community events to provide an ongoing communication channel with community members. Performance Goal: At least 50 events attended reaching over 50,000 attendees total. ii. Deliverable — Organize community-wide campaigns (such as Cool California Challenge and the Georgetown University Energy Prize) and events (such as the Go Green & Clean Family Day), to promote each citizen's important role in helping Chula Vista reach its energy and environmental goals. Performance Goal: At least 2 campaigns and/or events organized reaching over 100,000 community members total. iii. Deliverable— Distribute Therm Kits or similar low cost energy-saving devices (limit one per household) to help demonstrate the benefits of simple energy upgrades to homes. Performance Goal: At least 100 low cost energy-saving devices distributed. b. Objective — Through the Energy Lounge program, the Chula Vista Library's facilities and services will be leveraged to educate and enroll "hard to reach" residents (such as older and low-income community members) in special energy assistance programs to help lower their utility bills. i. Deliverable — Expansion of the City's inventory of energy-related books, e-books, and tools,which are available for public circulation. Performance Goal: At least 50 new energy-related books and resources added to circulation. ii. Deliverable—Develop monthly energy messaging (utilizing the Energy Lounge digital signage and community board) to promote energy- saving tips and resources. Performance Goal: At least 24 messages highlighted through signage,newsletters, or emails. iii. Deliverable — Host quarterly adult and/or youth energy programs that include guest speakers, tool tips, story times, and screening of energy- themed movies at each major library location. Performance Goal: At least 8 events organized with at least 150 residents participating total. c. Objective—Through the Recreation Empower Hour program, the Chula Vista Recreation's facilities and services will be leveraged to educate children and teens on energy-saving behavior and concepts. 2015 Chula Vista Local Government Partnership 6 of 15 Final SOW—12-3-14 2015-01-13 Agenda Packet Page 58 i. Deliverable—Organize after-school programs and participate in special events to provide activities (through the Rec & Roll vehicle) to inform and influence energy-saving behavior at home. Performance Goal: At least 350 activities delivered reaching over 4,500 youth total. ii. Deliverable— Sponsor onsite school programs and special events (such as Summer Movie Nights) to promote energy-saving behavior and recruit participants into the Empower Hour's after-school and Rec & Roll programs. Performance Goal: At least 4 movie nights organized reaching over 400 community members total. iii. Deliverable — Conduct pre- and post-program learning assessments for youth participating in the Recreation Empower Hour, as well as conduct surveys of their parents to assess behavioral impacts at home. Performance Goal: At least 60% of respondents improving their energy efficiency knowledge and/or adopting more sustainable behaviors. d. Objective — Trained staff will perform no cost free on-site energy evaluations for Chula Vista residents through the City's successful Home Upgrade, Carbon Downgrade program. City staff will help to identify home energy performance issues, suggest possible solutions, and provide assistance with completing incentive and financing applications. i. Deliverable — Develop Home Energy & Water Check-Up reports for residents to review potential energy and water-saving opportunities and to generate referrals for SDG&E core programs. Performance Goal: At least 150 on-site home evaluations completed. ii. Deliverable— Survey participating residents quarterly via online or mail to identify and better understand energy upgrade opportunities, SDG&E program interest, and customer satisfaction. Performance Goal: At least 50% of respondents implementing at least one of the City evaluations' recommendations. e. Objective— The City will help to develop the local whole-home energy and water retrofit market by developing new policies through its Climate Action Plan update process and supporting local financing tools in the community. i. Deliverable — As part of the Climate Action Plan update process, develop potential policy and program options for expanded education, benchmarking, retrofit, and supplemental rebates for existing residential building stock(may also apply to commercial buildings). Performance Goal: At least 3 programs and/or policies will be developed and presented to City Council for consideration. ii. Deliverable — Leverage private-public partnership(s) to provide PACE 2015 Chula Vista Local Government Partnership 7 of 15 Final SOW—12-3-14 2015-01-13 Agenda Packet Page 59 financing to single-family, multi-family, and commercial property owners in Chula Vista. Performance Goal: At least $1,000,000 in financing issued (includes municipal retrofits through "Municipal Energy Management"). f. Objective — In collaboration with the City's Housing Division and South Bay Community Services, the City will provide direct outreach and assistance to low and moderate-income homeowners to facilitate whole-home energy retrofits through its "Green Homes for All" initiative (co funded). i. Deliverable—Assist SDG&E in recruiting low-income households into no cost, turnkey energy solution programs, such as the Energy Savings Assistance Program. Performance Goal: At least 50 direct referrals sent to SDG&E core programs. ii. Deliverable — Assist the Chula Vista Promise Neighborhood (a Department of Education-sponsored program) in integrating energy efficiency information into their community assistance services. Performance Goal: At least 4 bilingual presentations provided at Promise Neighborhood meetings and/or Parent Resource Centers. 3. Expand energy-efficiency opportunities in neighboring communities through collaboration and peer-to-peer support as part of the South Bay Energy Action Collaborative (SoBEAC). a. Objective — Chula Vista will assist South Bay jurisdictions in managing energy consumption and costs at their municipal facilities by sharing lessons learned and providing technical support. i. Deliverable — Develop detailed energy efficiency improvement proposals for municipal sites. Performance Goal: At least 4 municipal site proposals developed. b. Objective — Chula Vista will assist South Bay jurisdictions in further integrating energy efficiency into development and planning processes. i. Deliverable — Work with SDG&E to provide training sessions for municipal building and planning staff and/or provide in-house technical reviews on energy efficiency and sustainable building codes, technologies, and rebate programs. Performance Goal: At least 6 in-house trainings conducted. ii. Deliverable — Create energy-related policies and programs as part of Climate Action Plan, General Plan, or Energy Roadmap implementation. Performance Goal: At least 2 policies/programs developed for consideration. c. Objective — Chula Vista will help South Bay jurisdictions educate their local community members on energy efficiency opportunities. 2015 Chula Vista Local Government Partnership 8 of 15 Final SOW—12-3-14 2015-01-13 Agenda Packet Page 60 i. Deliverable — Provide energy efficiency outreach support through booths and/or the South Bay Energy Roadshow Trailer at community events throughout the sub-region. Performance Goal: At least 4 events reaching over 5,000 attendees total. ii. Deliverable — Host workshops at South Bay library branches to promote the books, tools, and resources available through the "Library Energy Kits. Performance Goal: At least 3 workshops conducted reaching over 100 attendees total. iii. Deliverable — Organize the 2nd annual "Green Scene" outreach campaign to recruit and promote small businesses' involvement in low cost, turnkey energy solution programs, such as Direct Install and Programmable Communicating Thermostat services. Performance Goal: At least 40 direct referrals sent to SDG&E core programs. SDG&E PROVIDED DATA To assist in accomplishing the objectives listed above, San Diego Gas & Electric will electronically provide the City (on a quarterly basis) with program participation data for Chula Vista residential and commercial customers, including: • Customer Name • Account Number • Service Address • Programs • Measures Implemented • Energy Savings (kWh,kW, & Therms) TARGET AUDIENCE To include: South Bay residents (including youth, seniors, & low-income households) & businesses. SCHEDULE • Jan—Mar `15 Conduct residential &business energy evaluations Transition to new Green Business web platform • Apr—June '15 Begin SoBEAC community outreach efforts BUDGET 2015 Chula Vista Local Government Partnership 9 of 15 Final SOW—12-3-14 2015-01-13 Agenda Packet Page 61 Program Name: Community Energy Conservation&Upgrade Outreach Program Bud et Item Administrative Costs - - Marketing/Outreach Costs $93,815 12% Direct Implementation Costs $684,525 88% Total $778,340 100% PROGRAM COMPONENT Sustainable Communities CA-LTEESP SUPPORT The City's Sustainable Communities component will support the following CA Long- Term Energy Efficiency Strategic Plan goals: 1. Local governments lead adoption and implementation of"reach"codes stronger than Title 24, on both mandatory basis and voluntary bases. 2. Strong support from local governments for energy code compliance enforcement. 5. Local government energy efficiency expertise becomes widespread and typical. DESCRIPTION Building upon the current program, the Chula Vista Sustainable Communities Program (SCP) will further City staff s expertise in energy conservation and green building principles, with the goal of infusing sustainable practices into every level of the planning and building process. Staff will promote these principles to customers engaged in the municipal permit and construction approval process through the City's website, on the phone, and in person at the Public Services Building. Under the SCP, the Development Services Department will also investigate and update their existing programs, guidelines, and regulations to reflect the advances that have been made in both the green building and energy conservation aspects of community and project-level site planning and to coordinate these activities with new energy-related programs. GOALS, OBJECTIVES, & DELIVERABLES 1. Improve the energy performance of new development and buildings through standards and codes that emphasize sustainable design and construction and support progress towards statewide Zero Net Energy building goals. a. Objective — The City will develop local approaches and standards for achieving increased energy efficiency at the community-planning scale and site-planning scale. 2015 Chula Vista Local Government Partnership 10 of 15 Final SOW—12-3-14 2015-01-13 Agenda Packet Page 62 i. Deliverable — Develop recommendations for energy-efficient community and site planning standards and incentives for City Council consideration. Performance Goal: At least 1 policy/program developed and presented to City Council for consideration. b. Objective— Based on SDG&E's cost-effectiveness study results, the City will analyze the feasibility of updating its Energy Efficiency and Green Building "reach" codes to exceed state standards to complement statewide Zero Net Energy initiatives. i. Deliverable — Develop Enhanced Energy Efficiency and Green Building Ordinances for City Council consideration, if deemed cost- effective. Performance Goal: At least 1 policy/program developed and presented to City Council for consideration. 2. Increase developers and permit applicants' awareness of energy-saving opportunities related to new construction and major renovation projects and their participation in available energy efficiency programs. a. Objective— Chula Vista will provide direct education to developers, permit applicants, and Development Services Department staff on energy efficiency codes, emerging technologies, and SDG&E incentive programs. i. Deliverable — Produce development-related educational materials via digital forms, handouts, process guides, checklists, and information links. Performance Goal: At least 12 educational materials created and distributed. b. Objective — Chula Vista will provide technical support to developers, permit applicants, and Development Services Department staff on energy efficiency codes, mandatory & voluntary green building standards, emerging technologies, and SDG&E incentive programs. i. Deliverable — Provide regular in-house trainings to Development Services staff on the City's "reach" codes (if applicable), voluntary CalGreen Tier 2 incentive program, and California Energy and Green Building codes. Performance Goal: At least 6 trainings organized with at least 100 attendees total (can include other South Bay cities staff). ii. Deliverable — Provide support during construction on jobsites and at the permit counter to explain and aid compliance with the current and new California Green Building and Energy codes, and locally-adopted "reach" codes (if applicable) and expedited permitting incentive programs. Performance Goal: At least 25 one-on-one meetings with developers and/or contractors. iii. Deliverable — Provide staffing at the City's "Sustainability Desk" during public counter hours and by appointment to answer questions 2015 Chula Vista Local Government Partnership 11 of 15 Final SOW—12-3-14 2015-01-13 Agenda Packet Page 63 and offer one-on-one guidance to community members and Development Services staff. Performance Goal: At least 50 days of staffing at the Sustainability Desk. iv. Deliverable—Provide support to the local development community on SDG&E new construction programs such as California Advanced Homes and Savings By Design. Performance Goal: At least 2 trainings organized with at least 50 attendees total. 3. Increase compliance and enforcement of new California Energy and Green Building codes along with the "reach" codes (if applicable) adopted by the Chula Vista City Council. a. Objective—Provide additional verification that energy efficiency and green building requirements are being properly met. i. Deliverable - Perform secondary audits on all types of construction projects (residential, commercial, and industrial) to confirm compliance with energy efficiency requirements and to ensure proper installation and inspection procedures were performed. Performance Goal: At least 10 secondary audits performed total. SDG&E PROVIDED DATA To assist in accomplishing the objectives listed above, San Diego Gas & Electric will electronically provide the City (on a quarterly basis) with program participation data for Chula Vista residential and commercial customers, including: • Customer Name • Account Number • Service Address • Programs • Measures Implemented • Energy Savings (kWh,kW, & Therms) TARGET AUDIENCE To include: Development Services Department personnel (including Plan Check, Permit Counter, & Building Inspection staff), builders, developers, and community members. SCHEDULE • Jan—Dec '15 Continue public education& technical support Provide permit counter support for energy code compliance Present community-scale modeling tool & related policy Evaluate recommendations for community-scale standards • Jan—Apr `15 Evaluate potential for new"reach" code 2015 Chula Vista Local Government Partnership 12 of 15 Final SOW—12-3-14 2015-01-13 Agenda Packet Page 64 BUDGET Program Name: Sustainable Communities Program Program Budget Item ($) (%) Administrative Costs - - Marketing/Outreach Costs - - Direct Implementation Costs $352,404 100% Total $352,404 100% PROGRAM COMPONENT San Diego Regional Energy Partnership CA-LTEESP SUPPORT The San Diego Regional Energy Partnership component will support the following CA Long-Term Energy Efficiency Strategic Plan goals: 1. Local governments lead adoption and implementation of"reach" codes stronger than Title 24, on both mandatory basis and voluntary bases. 3. Local governments lead by example with their own facilities. 4. Local governments lead their communities with innovative programs for energy efficiency, sustainability, and climate change. 5. Local government energy efficiency expertise becomes widespread and typical. DESCRIPTION Local Governments in San Diego County have been successfully collaborating with each other and with SDG&E on joint energy efficiency initiatives over the last 6 years as part of the Local Government Partnership programs and as part of federal stimulus-funded activities related to energy efficiency. These agencies are now formalizing this "network" through creation of the San Diego Regional Energy Partnership (SDREP). The SDREP will be led by a "Local Government Steering Committee" with representatives from the City of Chula Vista, City of San Diego, County of San Diego, Port of San Diego, and San Diego Association of Governments (representing smaller jurisdictions), in close collaboration with San Diego Gas & Electric and other regional partners. GOALS, OBJECTIVES, & DELIVERABLE 1. Further develop and support regional Energy Upgrade California (EUC) implementation and the broader existing home retrofit market to facilitate "deep energy retrofits" (both in terms of high energy savings and untapped markets in existing residential buildings). 2015 Chula Vista Local Government Partnership 13 of 15 Final SOW—12-3-14 2015-01-13 Agenda Packet Page 65 a. Objective — SDREP will conduct outreach and coordination with the local real estate community to pursue adoption of a "Green" MLS to help capture market value for home energy performance. b. Objective — SDREP will expand current regional energy mapping efforts to include the creation of break-out maps and an updated residential map to help inform local governments' home energy retrofit efforts. c. Objective — SDREP will support energy efficiency outreach and education across the San Diego region through community workshops/events and employee-based"home energy coaching." *Specific deliverables &performance metrics will be captured in consultant contracts. 2. Further assist local governments and communities in the San Diego region with understanding and implementing climate action strategies, especially related to energy efficiency. a. Objective — SDREP will continue to support the Climate Collaborative website and network to expand jurisdictional participation and highlight climate strategies that produce direct and indirect energy savings. b. Objective — SDREP will recruit new community partners and businesses into the Regional Green Business Program to facilitate and recognize their energy efficiency efforts. c. Objective — SDREP will develop case studies and host webinars on local government best practices, as identified in the Zero Net Energy (ZNE) Roadmap, to support ongoing progress towards ZNE building goals. *Specific deliverables &performance metrics will be captured in consultant contracts. TARGET AUDIENCE To include: Municipal facility, energy management,planning, and support staff across the region. SCHEDULE The SDREP encompasses various programs and projects implemented in coordination with regional partners. Therefore, each of the specific SDREP programs and projects would be guided by their own individual timeline. BUDGET Program Name: Regional Collaboration Program Budget Item ($) (%) Administrative Costs $10,000 10% Marketing/Outreach Costs - - Direct Implementation Costs $90,000 90% Total $100,000 100% 2015 Chula Vista Local Government Partnership 14 of 15 Final SOW—12-3-14 2015-01-13 Agenda Packet Page 66 PROGRAM COMPONENT Partnership Management&Administration DESCRIPTION The program is coordinated and administered by two central City staff members (Manager & Administrative Assistant) to improve efficiency, effectiveness, and communication between all parties. The staff member also serves as a direct contact for SDG&E program managers. GOALS, OBJECTIVES, & DELIVERABLE 1. Support successful implementation of the Chula Vista Local Government Partnership to remain within the proposed timeline and budget. a. Objective — The Partnership Administration team will ensure that all parties are coordinating closely and frequently. i. Deliverable — Organize quarterly coordination meetings to provide updates on implementation progress and next steps. ii. Deliverable — Complete quarterly invoices and reports in addition annual reports and Strategic Plan updates. TARGET AUDIENCE To include: City and SDG&E staff involved in the Chula Vista Local Government Partnership. SCHEDULE • Jan—Dec`15 Organize quarterly coordination meetings Complete quarterly invoices & reports BUDGET Program Name: Partnership Manage ent&Administration Program Budget Item $ Administrative Costs $146,358 100% Marketing/Outreach Costs - - Direct Implementation Costs - - Total $146,358 100% 2015 Chula Vista Local Government Partnership 15 of 15 Final SOW—12-3-14 2015-01-13 Agenda Packet Page 67 AGREEMENT TO JOINTLY DELIVER THE 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP PROGRAM BETWEEN CITY OF CHULA VISTA and SAN DIEGO GAS & ELECTRIC COMPANY Dated: December 15,2009 This program is funded by California utility customers under the auspices of the California Public Utilities Commission. 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 2015-01-13 Agenda Packet Page 68 THIS AGREEMENT TO JOINTLY DELIVER THE 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP PROGRAM (the "Agreement") is effective as of January 1, 2010 ("Effective Date") by and among SAN DIEGO GAS & ELECTRIC COMPANY ("SDG&E"), and THE CITY OF CHULA VISTA ("City"). SDG&E and City may be referred to herein individually as a "Party" and collectively as the "Parties." RECITALS WHEREAS, on October 1, 2009 the California Public Utilities Commission (the "Commission") in 09-09-047 in A.08-07-021 et al authorized certain energy efficiency programs to be delivered to California utility customers for the years 2010 through 2012 and the continuation of programs where local governmental entities partnered with utilities to deliver energy efficiency information and education to utility customers; WHEREAS, SDG&E submitted applications for the implementation of energy efficiency programs which included the 2010-2012 City of Chula Vista Energy Efficiency and Conservation Partnership Program (hereinafter referred to as the "Program"), involving the delivery of energy efficiency funding, incentives, information, training and materials to City, its residents, developers, and South Bay cities in SDG&E's service territory; WHEREAS, the Parties desire to enter into an agreement that supersedes all previous agreements, if any, and sets forth the terms and conditions under which the Program for the 2010 through 2012 program years shall be implemented; NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the Parties agree as follows: 1. DEFINITIONS 1.1. Agreement: This document and all exhibits attached hereto and incorporated herein, and as amended from time to time. L2. ALJ: The Administrative Law Judge assigned to the Commission's Energy Efficiency Rulemaking (R.01-08-028) or its successor proceeding. 13. Amendment: A future document executed by the authorized representatives of all Parties which changes or modifies the terms of this Agreement. 1.4. Authorized Budget: The Commission-approved total for performance of the Authorized Work is $4,088,991 as set forth in the Scope of Work. 1.5. Business Day: The period from one midnight to the following midnight, excluding Saturdays, Sundays, and holidays. 2 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 2015-01-13 Agenda Packet Page 69 1.6. Calendar Day: The period from one midnight to the following midnight, including Saturdays, Sundays, and holidays. Unless otherwise specified, all days in this Agreement are Calendar Days. 1.7. Scope of Work: The Parties' Scope of Work for implementing the Program in SDG&E's service territory is attached hereto and incorporated herein as Exhibit A. 1.8. Contractor: An entity contracting directly or indirectly with a Party, or any subcontractor thereof subcontracting with such Contractor, to furnish services or materials as part of or directly related to such Party's Authorized Work obligations. City's Contractors shall be selected from SDG&E's approved list, where applicable, and shall not include City's contract staff labor for the Program. 19. Cost Categories: Items defined by the Commission's Reporting Requirements Manual. The cost categories relevant to this Program are noted in the Scope of Work. 1.10. Eligible Customers or Customers: Customers eligible for Program services are SDG&E customers. 1.11. Energy Efficiency Measure (or Measure): As used in the Commission's Energy Efficiency Policy Manual,Version 3, August 2005. 1.12. EM&V: Evaluation, Measurement and Verification of the Program pursuant to Commission requirements. 1.13. Gas Surcharge: The funds collected from gas utility ratepayers pursuant to Section 890 et al. of the California Public Utilities Code for public purposes programs, including energy efficiency programs approved by the Commission. 1.14. Program Expenditures: Actual (i.e., no mark-up for profit, administrative or other indirect costs), reasonable expenditures that are directly identifiable to and required for the Authorized Work, up to the amounts budgeted in the Concept Paper's budget worksheets for such Authorized Work. 1.15. Public Goods Charge (PGC): The funds collected from electric utility ratepayers pursuant to Section 381 of the California Public Utilities Code for public purposes programs, including energy efficiency programs approved by the Commission. In addition, all terms used in the singular will be deemed to include the plural, and vice versa. The words "herein," "hereto," and "hereunder" and words of similar import refer to this Agreement as a whole, including all exhibits or other attachments to this Agreement, as the same may from time to time be amended or supplemented, and not to any particular subdivision contained in this Agreement, except as the context clearly requires otherwise. "Includes" or 3 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 2015-01-13 Agenda Packet Page 70 "including" when used herein is not intended to be exclusive, or to limit the generality of the preceding words, and means "including without limitation." The word "or" is not exclusive. 2. PURPOSE The Program is funded by California utility ratepayers and is administered by SDG&E under the auspices of the Commission. The purpose of this Agreement is to set forth the terms and conditions under which the Parties will jointly implement the Program. The work authorized pursuant to this Agreement is not to be performed for profit. This Agreement is not intended to and does not form any "partnership"within the meaning of the California Uniform Partnership Act of 1994 or otherwise. 3. PROGRAM DESCRIPTION The 2010-2012 SDG&E/Chula Vista Energy Efficiency Partnership's goal is to create innovative approaches to improving community and municipal energy efficiency and achieving both direct and indirect energy savings. The Partnership will combine and leverage the resources of four City departments to deliver cost-effective, holistic opportunities for promoting energy efficiency within the community. The program components include municipal facility efficiency improvements, strengthened building energy codes and inspections, energy-saving redevelopment planning and design and community-based energy conservation education and facility assessments. The program will mainly serve City of Chula Vista residents and businesses estimated at 225,000 and 13,000, respectively. It is also anticipated that the SDG&E/Chula Vista Partnership may partially serve neighboring communities and further act as a program model for other South Bay cities' future involvement in SDG&E Energy Efficiency Partnerships. 4. AUTHORIZED WORK 4.1. Scope. The work authorized by the Commission for the Program ("Authorized Work") is set forth in this Agreement and in the Scope of Work for the service territory of SDG&E and shall be performed by the Parties pursuant to the terms of this Agreement. 4.2. Objectives. Major objectives for the Program are as follows: Community Energy Efficiency The Conservation & Environmental Services Department will continue to promote energy efficiency and conservation in the community through its business/residential energy evaluation program and participation in community outreach events. Staff will use the on-site evaluations and events to distribute energy-saving devices such as Compact Fluorescent Lamps, LED holiday lights, indoor water savings kits, and "smart" power strips to help the community reduce their energy use and utility costs. Staff will also integrate the new Home 4 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 2015-01-13 Agenda Packet Page 71 Upgrade, Carbon Downgrade program, which provides streamlined permitting, contracting, and financing for energy efficiency retrofits, into Partnership activities. Finally, the Conservation & Environmental Services Department will assist neighboring South Bay communities in developing their own energy and climate-related programs helping to reduce regional energy demand and improve local air quality. Sustainable Communities The Sustainable Communities Program, which is administered by the Development Services Department, will work to further integrate energy efficiency into the planning, permitting, and inspection process. Program staff will provide technical support to permit applicants, contractors, and developers on energy efficiency measures and will train permit counter technicians, plans examiners, and building inspectors on advanced energy technologies. Finally,the program will verify compliance with Chula Vista's new green building standards (including enhanced energy efficiency requirements) and may develop a voluntary, incentivized option for project proponents interested in efficiency levels beyond the new State codes and related City ordinances. Energy-Efficient Economic Development Initiative The City's Economic Development Division will demonstrate how energy- efficient and renewable energy technologies and energy conservation can be cost- effectively integrated into large-scale development projects to reduce energy consumption and greenhouse gas emissions. The initiative will expand upon and leverage current work by the National Energy Center for Sustainable Communities through additional research, demonstration, and technical assistance projects that will enable developers and builders to design and construct high- efficiency and zero-net-energy projects at "Greenfield" and `Brownfield" sites throughout the City. Municipal Energy Efficiency Improvements The program, which is administered by Public Works with assistance from the Conservation & Environmental Services Department, will support staff time to expand the City's energy management efforts by identifying and implementing energy efficiency and demand response strategies which lower municipal energy consumption and produce cost savings. 5. OBLIGATIONS OF THE PARTIES 5.1. Generally. Each Party shall perform its Authorized Work obligations within the Authorized Budget in conformance with the deliverables, schedules (including the Milestone Schedule) and the budgets associated with such Authorized Work as set forth in this Agreement and the Concept Paper, and shall furnish the required labor, equipment 5 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 2015-01-13 Agenda Packet Page 72 and material with the degree of skill and care that is required by current professional standards. 5.2. Additional Obligations of City. 5.2.1. City shall obtain the approval of SDG&E when developing Program marketing materials prior to any distribution, publication, circulation or dissemination in any way to the public. In addition, all advertising, marketing or otherwise printed or reproduced material used to implement, refer to or is in any way related to the Program must contain the following language: "This program is funded by California utility ratepayers and administered by San Diego Gas & Electric Company, under the auspices of the California Public Utilities Commission." 5.2.2. City will communicate regularly with the program representative of SDG&E, and shall advise SDG&E of any problems or delay associated with City's Authorized Work obligations. 5.3. Additional Obligations of SDG&E. 5.3.1. SDG&E will be actively involved in all aspects of Program delivery. SDG&E will use its best efforts to add value to the Program by dedicating the human resources necessary to implement the Program successfully and providing in-kind services support for the Program's marketing and outreach activities. 5.3.2. SDG&E shall provide, at no cost to the Program, informational and educational materials on SDG&E's statewide and local energy efficiency programs to City to enable City to implement the Program. 5.3.3. SDG&E shall provide a program representative on a part-time basis, who will be the point of contact between City and SDG&E for the Program. 5.4. EM&V. Once the Commission has approved and issued an evaluation, measurement and verification ("EM&V") plan for the Program, such EM&V plan shall be attached to this Agreement as Exhibit B and shall be incorporated herein by this reference. Any subsequent changes or modifications to such EM&V plan by the Commission shall be automatically incorporated into Exhibit B. 6. ADMINISTRATION OF PROGRAM 6.1. Decision-making and nd Approval. 6.1.1. The following actions and tasks require unanimous consent of the Parties: 6 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 2015-01-13 Agenda Packet Page 73 a. Any action that materially deviates from the Scope of Work. b. Any action that materially impacts the Scope of Work's schedule or the Program. C. Any action that materially impacts the Program's budget set forth in the Scope of Work. d. Selection of any Contractor not previously approved by SDG&E. 6.1.2. Unless otherwise specified in this Agreement, the Parties shall document all material Program decisions, including, without limitation, all actions specified in Section 6.1.1 above, in meeting minutes or if taken outside a meeting, through written communication, which shall be maintained in hard copy form on file by the Parties for a period of no less than ten (10) years after the expiration or termination of this Agreement. 6.2. Regular Meetings. During the Term of this Agreement,the Parties shall meet on a regular basis, which shall occur no less than quarterly, at a location reasonably agreed upon by the Parties, and shall engage in routine weekly communication to review the status of the Program's deliverables, schedules and the budgets, and plan for upcoming Program implementation activities. Any decision-making shall be reached and documented in accordance with the requirements of Section 6.1.2 above. 6.3. Coordinating the Program Activities. Each Party shall be responsible for (i) coordinating the implementation of its Authorized Work obligations with the other Party, and (ii) monitoring the overall progress of the Authorized Work, to ensure that the Program remains on target, (including achieving the Program's energy savings and demand reduction goals), on schedule (including pursuant to the milestone schedule set forth in Exhibit D ("Milestone Schedule"), and meets all reporting and other filing requirements. 6.4. Regular Communication. The Parties agree to communicate regularly with the other Parties and to advise the other Parties of any problems associated with successful implementation of the Program. 6.5. Coordinating with Other Energy Efficienc y Programs. As applicable, SDG&E shall coordinate with other existing or selected programs (including programs targeting low-income customers) to enhance consistency in incentives and other Program details, minimize duplicative administrative costs and enhance the possibility that programs can be marketed together to avoid duplicative marketing expenditures, All Parties will coordinate with other energy programs to maximize customer satisfaction and energy savings. 6.6. Non-Responsibility for Other Parties. Notwithstanding anything contained in this Agreement in the contrary, a Party shall not be responsible for the performance or non- 7 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 2015-01-13 Agenda Packet Page 74 performance hereunder of any other Party, nor be obligated to remedy any other Party's defaults or defective performance. 7. DOUBLE DIPPING PROHIBITED. In performing its respective Authorized Work obligations, a Party shall implement the following mechanism and shall take other practicable steps to minimize double-dipping: 7.1. Prior to providing incentives or services to an Eligible Customer, City shall obtain a signed form from such Eligible Customer stating that: 7.1.1. Such Eligible Customer has not received incentives or services for the same measure from any other SDG&E program or from another utility, state, or local program; and 7.1.2. Such Eligible Customer agrees not to apply for or receive incentives or services for the same measure from another utility, state, or local program. City shall keep its Eligible Customer-signed forms for at least 5 years after the expiration or termination of this Agreement. 7.2. City shall not knowingly provide an incentive to an Eligible Customer, or make payment to a Contractor, who is receiving compensation for the same product or service either through another ratepayer funded program, or through any other funding source. 7.3. City represents and warrants that it has not received, and will not apply for or accept incentives or services for any measure provided for herein or offered pursuant to this Agreement or the Program from any other utility, state or local program. 7.4. The Parties shall take reasonable steps to minimize or avoid the provision of incentives or services for the same measures provided under this Program from another program or other funding source ("double-dipping"). 8. REPORTING 8.1. Reporting Requirements. The Parties shall implement those reporting requirements set forth in Exhibit C attached hereto and incorporated herein by this reference, as approved by the Commission and as the same may be amended from time to time, or until the Commission otherwise requires or issues different or updated reporting requirements for the Program, in which case and at which time such Commission- approved reporting requirements shall replace the requirements set forth in Exhibit C in their entirety. 8 2010-2412 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 2015-01-13 Agenda Packet Page 75 8.2. Commission Re gdLn Re uirements Manual. All reports shall be submitted in accordance with the requirements of the latest version of the Commission's Reporting Requirements Manual (currently Version 3, Revised April 2005) and any other reporting protocol established by Commission staff. The Parties shall use their best efforts to provide any additional information as requested by SDG&E or by Commission staff. 9. PAYMENTS 9.1. Authorized Bud et. The total Authorized Budget for performance of the Authorized Work is $4,088,991. No Party shall be entitled to compensation in excess of the Authorized Budget for such Party's Authorized Work obligations. However, if SDG&E executes any fund shift in accordance with Section 9.4 below, then each Party shall be entitled to compensation up to, but not exceeding, the Authorized Budget, as revised to reflect such fund shift, for such Party's Authorized Work obligations. 9.2. Program Expenditures. Each Party shall be entitled to spend PGC or Gas Surcharge Program Funds on Program Expenditures incurred by such Party. 9.3. Payment to City. In order for City to be entitled to PGC or Gas Surcharge funds for Program Expenditures: 9.3.1. City shall submit quarterly reports to SDG&E, in a format reasonably acceptable to SDG&E and containing such information as may be required for the reporting requirements set forth in Section 8 above ("Quarterly City Reports"), by the tenth (10th) Calendar Day of the calendar month following performance, setting forth all Program Expenditures. 9.3.2. City shall submit to SDG&E, together with its Quarterly City Report, a quarterly invoice for reimbursement of reported Program Expenditures, in a format acceptable to SDG&E, attaching all documentation reasonably necessary to substantiate the Program Expenditures, including, without limitation,the following: a. Incentives: Subject to the provisions of Section 7, for each incentive paid to Eligible Customers or Contractors (other than point of purchase programs): (i) Eligible Customer or Contractor name, address and telephone number; (ii) the type and quantity of each measure installed or received; (iii) the amount of each incentive paid, and (iv) the date each payment was provided or each measure was installed or received. 9 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 2015-01-13 Agenda Packet Page 76 b. Labor: For each of the Program's budget categories applicable to City (e.g. Direct Implementation), a list of individuals and total hours worked and labor rate(s) for each person during the month in each budget category. C. Overhead items other than travel/training/conferences: Supporting documentation for overhead items such as rent, computer equipment, facility charges, is required and shall be provided in accordance with the provisions of Exhibit C. However, such information must be provided upon request by either SDG&E or the Commission. d. Travel/Training/Conference: Supporting documentation for all travel-related expenditures. While original receipts need not be submitted, a detailed expense report for all travel expenses should be provided, which includes airfare, mileage, meals, lodging, parking, etc, in the format approved by SDG&E. A detailed travel expense report should include the following information: name of person incurring expense, reason for expense, date(s) incurred and type of expense (e.g. Airfare, Airport Parking, Rental Car, Other Parking,Mileage, Meals, Hotel, Other costs, if any). e. Contractor Costs: Copies of all Contractor invoices. If only a portion of the Contractor costs applies to the Program, City shall clearly indicate the line items or percentage of the invoice amount that should be applied to the Program, as provided in Exhibit C. f Marketing: A copy of each distinct marketing material produced, with quantity of a given marketing material produced and the method of distribution. 4.3.3. SDG&E reserves the right to reject any City invoiced amount for any of the following reasons: a. The invoiced amount, when aggregated with previous Program Expenditures, exceeds the amount budgeted therefore in the Authorized Budget for such Authorized Work. b. There is a reasonable basis for concluding that such invoiced amount is unreasonable or is not directly identifiable to or required for the Authorized Work,the Scope of Work or the Program. C. Such invoiced amount, in SDG&E's sole discretion, contains charges for any item not authorized under this Agreement or by the 10 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 2015-01-13 Agenda Packet Page 77 Commission, or is deemed untimely, unsubstantiated or lacking proper documentation. 9.3.4. Should SDG&E disapprove of any Program Expenditure of City, City invoice or Quarterly City Report, SDG&E may request such additional performance required from City,modification required to City's invoice or such other action as may be required of City, and any continuing dispute there from shall be resolved in accordance with the procedures set forth in Section 14. 9.3.5. City shall maintain for a period of not less than five (5) years all documentation reasonably necessary to substantiate the Program Expenditures, including, without limitation, the documentation set forth in Section 9.3.2(a) through (g) above. City shall promptly provide, upon the reasonable request by SDG&E, any documentation, records or information in connection with the Program or its Authorized Work. 94. Shifting Funds Across Budget Cate og ries. SDG&E may shift Program funds among budget categories (e.g. Administrative and Direct Implementation) as set forth in the Scope of Work to the maximum extent permitted under, and in accordance with, Commission decisions and rulings to which this Program relates. 9.5. Reasonableness of Expenditures. Each Party shall bear the burden of ensuring that its Program Expenditures are objectively reasonable. The Commission has the authority to review all Program. Expenditures for reasonableness. Should the Commission, at any time, issue a finding of unreasonableness as to any Program Expenditure, and require a refund or return of the PGC or Gas Surcharge funds paid in the reimbursement of such Program Expenditure, the Party who incurred such Program Expenditure and received reimbursement under this Agreement shall be solely and severally liable for such refund or return. 9.5. Refund of PGC or Gas Surcharge Funds. With respect to any amount subject to refund to the Commission pursuant to any subsequent Commission decision or ruling, should the Commission determine that a refund is due and seeks to recover such refund, the amount due shall be returned as directed by the Commission, within 30 days of receipt of written notice that payment is owed, as follows: (1) if the refund is attributable to an overpayment of Program funds to a Party, then that Party shall be solely liable for such refund; (2) if the refund is attributable to an unreasonable expenditure,then the Party who (i) incurred such Program Expenditure and received reimbursement under this Agreement, or (ii) was otherwise entitled to receive reimbursement under this Agreement but did not actually receive reimbursement due to receipt of an equivalent offset, shall be solely liable for such refund; (3) for any other refund, each Party shall be solely liable for its pro-rata share, determined by calculating the percentage of the total overall Program Expenditures represented by each Party's reimbursements of Program Expenditures (both 11 2010.2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 2015-01-13 Agenda Packet Page 78 actual reimbursements and those to which the Party was otherwise entitled but did not receive due to receipt of an equivalent offset). Nothing in this provision is intended to limit a Party's right to pursue administrative or other remedies available with respect to a Commission decision or ruling. A Party's approval of any action which is the responsibility of another Party under this Agreement shall not shift the corresponding responsibility with respect to any overpayment or unreasonable Program Expenditure. Notwithstanding the foregoing, any overpayment of Program funds to a Party (the "Receiving Party") shall be immediately due and payable by the Receiving Party, upon demand therefore, to the Party who made the overpayment, and the Party who made the overpayment shall have the right to set the overpayment off from any other Program funds payable to the Receiving Party, if possible, or otherwise pursue any available remedies for the recovery of the overpayment. 10. END DATE FOR PROGRAM AND ADMINISTRATIVE ACTIVITIES. Unless this Agreement is terminated pursuant to Section 24 below, or otherwise by the mutual agreement of the Parties or so ordered by the Commission, the Parties shall complete all Program Administrative activities (as defined by the Scope of Work) and reporting requirements by no later than March 31, 2013. 11. FINAL INVOICES All Parties must submit final invoices no later than March 31, 2013. 12. INDEMNITY 12.1. Indemnity by City. City shall indemnify, defend and hold harmless SDG&E, and its successors, assigns, affiliates, subsidiaries, current and future parent companies, officers, directors, agents, and employees, from and against any and all expenses, claims, losses, damages, liabilities or actions in respect thereof(including reasonable attorneys' fees) to the extent arising from (a) City's negligence or willful misconduct in City's activities under the Program or performance of its obligations hereunder, or (b) City's breach of this Agreement or of any representation or warranty of City contained in this Agreement. 12.2. Indemnity by SDG&E. SDG&E shall indemnify, defend and hold harmless City and its successors, assigns, affiliates, subsidiaries, current and future parent companies, officers, directors, agents, and employees, from and against any and all expenses, claims, losses, damages, liabilities or actions in respect thereof(including reasonable attorneys' fees) to the extent arising from (a) SDG&E's negligence or willful misconduct in SDG&E's activities under the Program or performance of its obligations hereunder or (b) SDG&E's breach of this Agreement or any representation or warranty of SDG&E contained in this Agreement. 12 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 2015-01-13 Agenda Packet Page 79 12.3. LIMITATION OF LIABILITY. NO PARTY SHALL BE LIABLE TO ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY INCLUDING, BUT NOT LIMITED TO, LOSS OF USE OF OR UNDER-UTILIZATION OF LABOR OR FACILITIES, LOSS OF REVENUE OR ANTICIPATED PROFITS, COST OF REPLACEMENT POWER OR CLAIMS FROM CUSTOMERS, RESULTING FROM A PARTY'S PERFORMANCE OR NONPERFORMANCE OF THE OBLIGATIONS HEREUNDER, OR IN THE EVENT OF SUSPENSION OF THE AUTHORIZED WORK OR TERMINATION OF THIS AGREEMENT. 13. OWNERSHIP OF DEVELOPMENTS The Parties acknowledge and agree that SDG&E, on behalf of its ratepayers, shall own all data, reports, information, manuals, computer programs, works of authorship, designs or improvements of equipment, tools or processes (collectively "Developments") or other written, recorded, photographic or visual materials, or other deliverables produced in the performance of this Agreement; provided, however, that Developments do not include equipment or infrastructure purchased for research, development, education or demonstration related to energy efficiency. Although City shall retain no ownership, interest or title in the Developments except as may otherwise be provided in the Scope of Work, it will have a permanent, royalty free, non- exclusive license to use such Developments. 14. DISPUTE RESOLUTION 14.1. Dispute Resolution. Except as may otherwise be set forth expressly herein, all disputes arising under this Agreement shall be resolved as set forth in this Section 14. 14.2. Negotiation and Mediation. The Parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiations between the Parties' authorized representatives. The disputing Party shall give the other Parties written notice of any dispute. Within twenty (20) days after delivery of such notice, the authorized representatives shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary to exchange information and to attempt to resolve the dispute. If the matter has not been resolved within thirty (30) days of the first meeting, any Party may initiate a mediation of the dispute. The mediation shall be facilitated by a mediator that is acceptable to all Parties and shall conclude within sixty (60) days of its commencement, unless the Parties agree to extend the mediation process beyond such deadline. Upon agreeing on a mediator, the Parties shall enter into a written agreement for the mediation services with each Party paying a pro rate share of the mediator's fee, if any. The mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Association; provided, however, that no consequential damages shall be awarded in any such proceeding and each Party shall bear its own legal fees and expenses. 13 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 2015-01-13 Agenda Packet Page 80 14.3. Confidentiality. All negotiations and any mediation conducted pursuant to Section 14.2 shall be confidential and shall be treated as compromise and settlement negotiations, to which Section 1152 of the California Evidence Code shall apply, which Section is incorporated in this Agreement by reference. 14.4. Injunctive Relief Notwithstanding the foregoing provisions, a Party may seek a preliminary injunction or other provisional judicial remedy if in its judgment such action is necessary to avoid irreparable damage or to preserve the status quo. 14.5. Continuing Obligation. Each Party shall continue to perform its obligations under this Agreement pending final resolution of any dispute arising out of or relating to this Agreement. 14.6. Failure of Mediation. If, after good faith efforts to mediate a dispute under the terms of this Agreement as provided in Section 14.2 above, the Parties cannot agree to a resolution of the dispute, any Party may pursue whatever legal remedies may be available to it at law or in equity, before a court of competent jurisdiction and with venue as provided in Section 14.2. 15. REPRESENTATIONS AND WARRANTIES City represents and warrants, as of the Effective Date and thereafter during the Term of this Agreement that: 15.1. The Authorized Work performed by City and its Contractors shall comply with the applicable requirements of all statutes, acts, ordinances, regulations, codes, and standards of federal, state, local and foreign governments, and all agencies thereof. 15.2. The Authorized Work performed by City and its Contractors shall be free of any claim of trade secret, trade mark, trade name, copyright, or patent infringement or other violations of any proprietary rights of any person. 15.3. City shall conform to the applicable employment practices requirements of (Presidential) Executive Order 11246 of September 24, 1965, as amended, and applicable regulations promulgated thereunder. 15.4. City shall contractually require each Contractor it hires to perform the Authorized Work to indemnify SDG&E to the same extent City has indemnified SDG&E under the terms and conditions of this Agreement. 15.5. City shall retain, and shall cause its Contractors to retain, all records and documents pertaining to its Authorized Work obligations for a period of not less than five (5) years beyond the termination or expiration of this Agreement. 14 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 2015-01-13 Agenda Packet Page 81 15.6. City shall contractually require all of its Contractors to provide the other Parties reasonable access to relevant records and staff of Contractors concerning the Authorized Work. 15.7. City will take all reasonable measures, and shall require its Contractors to take all reasonable measures, to ensure that the Program funds in its possession are used solely for Authorized Work, which measures shall include the highest degree of care that City uses to control its own funds,but in no event less than a reasonable degree of care. 15.8. City will maintain, and may require its Contractors to maintain, the following insurance coverage or self insurance coverage, at all times during the Term of this Agreement: a. Workers' Compensation and Employers' Liability: statutory minimum. b. Commercial General Liability: $1 million minimum. C. Commercial or Business Auto (if applicable): $1 million minimum. d. Professional Liability (if applicable): $1 million minimum. 16. PROOF OF INSURANCE 16.1. Evidence of Insurance. Upon request at any time during the Term of this Agreement, City shall provide evidence that its insurance policies (and the insurance policies of any Contractor, as provided in Section 15.8) are in full force and effect, and provide the coverage and limits of insurance that City has represented and warranted herein to maintain at all times during the Term of this Agreement. 16.2. Self Insurance. If City is self-insured, City shall upon request forward documentation to SDG&E that demonstrates to SDG&E's satisfaction that City self- insures as a matter of normal business practice before commencing the Authorized Work. SDG&E will accept reasonable proof of self-insurance comparable to the above requirements. 17. CUSTOMER CONFIDENTIALITY REQUIREMENTS 17.1. Non-Disclosure. City, its employees, agents and Contractors shall not disclose any Confidential Customer Information (defined below) to any third party during the Term of this Agreement or after its completion, without City having obtained the prior written consent of SDG&E, except as provided by law, lawful court order or subpoena and provided City gives SDG&E advance written notice of such order or subpoena. 17.2. Confidential Customer Information. "Confidential Customer Information" includes, but is not limited to, a SDG&E customer's name, address, telephone number, account number and all billing and usage information, as well as any SDG&E customer's information that is marked confidential. If City is uncertain whether any information 15 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 2015-01-13 Agenda Packet Page 82 should be considered Confidential Customer Information, City shall contact SDG&E prior to disclosing the customer information. 17.3. Non-Disclosure Agreement. Prior to any approved disclosure of Confidential Customer Information, SDG&E may require City to enter into a nondisclosure agreement. 17.4. Commission Proceedings, This provision does not prohibit City from disclosing non-confidential information concerning the Authorized Work to the Commission in any Commission proceeding, or any Commission-sanctioned -meeting or proceeding or other public forum. 17.5. Return of Confidential Information. Confidential Customer Information (including all copies,backups and abstracts thereof)provided to City by SDG&E, and any and all documents and materials containing such Confidential Customer Information or produced by City based on such Confidential Customer Information (including all copies, backups and abstracts thereof), during the performance of this Agreement shall be returned upon written request by SDG&E. 17.6. Remedies. The Parties acknowledge that Confidential Customer Information is valuable and unique, and that damages would be an inadequate remedy for breach of this Section 17 and the obligations of City are specifically enforceable. Accordingly, the Parties agree that in the event of a breach or threatened breach of this Section 17 by City, SDG&E shall be entitled to seek and obtain an injunction preventing such breach, without the necessity of proving damages or posting any bond. Any such relief shall be in addition to, and not in lieu of, money damages or any other available legal or equitable remedy. 17.7 Public Records Act. Notwithstanding the foregoing, SDG&E understands that all information provided to the City may be subject to public review pursuant to the California Public Records Act(California Government Code Section 6250 et seq.), which provides that records in the custody of a public entity might be disclosed unless the information being sought falls into one or more of the exemptions to disclosure set out in Government Code Sections 6254 through 6255. As a result, City may be obligated to disclose any information provided to the City to any party that requests it to the extent permitted under the California Public Records Act. 18, TIME IS OF THE ESSENCE The Parties hereby acknowledge that time is of the essence in performing their obligations under the Agreement. Failure to comply with deadlines stated in this Agreement may result in termination of this Agreement, payments being withheld or other Program modifications as directed by the Commission. 19. CUSTOMER COMPLAINT RESOLUTION PROCESS 16 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 2015-01-13 Agenda Packet Page 83 City shall develop and implement a process for the management and resolution of Customer complaints in an expedited manner including, but not limited to: (a) ensuring adequate levels of professional Customer service staff, (b) direct access of Customer complaints to supervisory and/or management personnel; (c) documenting each Customer complaint upon receipt; and (d) elevating any complaint that is not resolved within five (5) days of receipt by City. 20. RESTRICTIONS ON MARKETING 20.1. Use of Commission's Name. No Party may use the name of the Commission on marketing materials for the Program without prior written approval from the Commission staff. In order to obtain this written approval, SDG&E must send a copy of the planned materials to the Commission requesting approval to use the Commission name and/or logo. Notwithstanding the foregoing,the Parties shall disclose their source of funding for the Program by stating prominently on marketing materials that the Program is "funded by California ratepayers under the auspices of the California Public Utilities Commission." 20.2. Use of SDG&E's Names. City must receive prior review and written approval from SDG&E for the use of SDG&E's name or logo on any marketing or other Program materials. City shall allow twenty (20) days for SDG&E review and approval. 20.3. Use of Ci . Name. SDG&E must receive prior written approval from City for use of City's name or logo on any marketing or other Program materials. SDG&E shall allow twenty (20) days for such City review and approval. 21. RIGHT TO AUDIT City agrees that SDG&E and/or the Commission, or their respective designated representatives, shall have the right to review and to copy any records or supporting documentation pertaining to City's performance of this Agreement or the Authorized Work, during normal business hours, and to allow reasonable access in order to interview any employees of City who might reasonably have information related to such records. Further, City agrees to include a similar right of SDG&E and/or the Commission to audit records and interview staff in any subcontract related to performance of City's Authorized Work or this Agreement. 22, STOP WORK PROCEDURES SDG&E may suspend City's Authorized Work being for good cause, such as safety concerns, fraud, or excessive Customer complaints, by notifying City in writing to suspend its Authorized Work being performed in its service territory. City shall stop work immediately, and may resume its Authorized Work only upon receiving written notice from SDG&E that it may resume its Authorized Work. 17 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 2015-01-13 Agenda Packet Page 84 23. MODIFICATIONS Changes to this Agreement shall only be made by mutual agreement of all Parties through a written amendment to this Agreement signed by all Parties. 24, TERM AND TERMINATION 24.1. Term. This Agreement shall be effective as of January 1, 2010. The Agreement shall continue in effect until December 31, 2012 ("Term") unless otherwise terminated in accordance with the provisions of Section 24.2 below. 24.2. Termination for Breach. Any Party may terminate this Agreement in the event of a material breach by the other Party of any of the material terms or conditions of this Agreement, provided such breach is not remedied within sixty (60) days notice to the breaching Parry thereof from the non-breaching Party or otherwise cured pursuant to the dispute resolution provisions set forth in Section 14 herein. 24.3, Termination for Convenience. SDG&E and/or the City of Chula Vista shall have the right to terminate this Agreement, at their sole convenience and without first obtaining the other Party's prior consent, by providing at least thirty (30) days' prior written notice to the other Party setting forth the effective date of such termination. 24.4. Effect of Termination. 24.4.1. In the event of termination of this Agreement, the Parties shall be entitled to PGC and/or Gas Surcharge Funds for all Program Expenditures incurred or accrued pursuant to contractual or other legal obligations for Authorized Work up to the effective date of termination of this Agreement, provided that any Quarterly City Reports or other reports, invoices, documents or information required under this Agreement or by the Commission are submitted in accordance with the terms and conditions of this Agreement. The provisions of this Section 24.4.1 shall be a Party's sole compensation resulting from any termination of this Agreement. 24.4.2. In the event of termination of this Agreement, City shall stop any Authorized Work in progress and take action as directed by SDG&E to bring the Authorized Work to an orderly conclusion, and the Parties shall work cooperatively to facilitate the termination of operations and any applicable contracts for Authorized Work. 18 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 2015-01-13 Agenda Packet Page 85 25. WRITTEN NOTICES Any written notice, demand or request required or authorized in connection with this Agreement, shall be deemed properly given if delivered in person or sent by facsimile, nationally recognized overnight courier, or first class mail, postage prepaid, to the address specified below, or to another address specified in writing by a Party as follows: City: SDG&E: The City of Chula Vista San Diego Gas &Electric Company Michael Meacham Julie Ricks 276 Fourth Avenue 8326 Century Park Court,CP62E Chula Vista, CA 91910 San Diego, CA 92123-1530 619-409-5870 telephone 858-654-8302 telephone 619-476-5310 facsimile 858-654-0311 facsimile Notices shall be deemed received (a) if personally or hand-delivered, upon the date of delivery to the address of the person to receive such notice if delivered before 5:00 p.m., or otherwise on the Business Day following personal delivery; (b) if mailed, three (3) Business Days after the date the notice is postmarked; (c) if by facsimile, upon electronic confirmation of transmission, followed by telephone notification of transmission by the noticing Party; or (d) if by overnight courier, on the Business Day following delivery to the overnight courier within the time limits set by that courier for next-day delivery. 26. CONTRACTS Each Party shall, at all times, be responsible for its Authorized Work obligations, and acts and omissions of Contractors and persons directly or indirectly employed by such Party for services in connection with the Authorized Work. 27, RELATIONSHIP OF THE PARTIES The Parties shall act in an independent capacity and not as officers or employees or agents of each other. This Agreement is not intended to and does not form any "partnership" within the meaning of the California Uniform Partnership Act of 1994 or otherwise. 28. NON-DISCRIMINATION CLAUSE No Party shall unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. Each Party shall ensure that the evaluation and treatment of its employees and applicants for employment are free from such 19 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 2015-01-13 Agenda Packet Page 86 discrimination and harassment, and shall comply with the provisions of the fair Employment and Housing Act (Government Code Section 12990 (a)-(f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a)-(f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Each Party represents and warrants that it shall include the substance of the nondiscrimination and compliance provisions of this clause in all subcontracts for its Authorized Work obligations. 29. COMMISSION AUTHORITY TO MODIFY This Agreement shall at all times be subject to the discretion of the Commission, including, but not limited to, review and modifications, excusing a Party's performance hereunder, or termination as the Commission may direct from time to time in the reasonable exercise of its jurisdiction. 30. NON-WAIVER None of the provisions of this Agreement shall be considered waived by any Party unless such waiver is specifically stated in writing. 31. ASSIGNMENT No Party shall assign this Agreement or any part or interest thereof, without the prior written consent of the other Party, and any assignment without such consent shall be void and of no effect. Notwithstanding the foregoing, if SDG&E is requested or required by the Commission to assign its rights and/or delegate its duties hereunder, in whole or in part, such assignment or delegation shall not require City's consent, and SDG&E shall be released from all obligations hereunder arising after the effective date of such assignment,both as principal and as surety. 32. FORCE MAJEURE Failure of a Party to perform its obligations under this Agreement by reason of any of the following shall not constitute an event of default or breach of this Agreement: strikes, picket lines, boycott efforts, earthquakes, fires, floods, war (whether or not declared), revolution, riots, insurrections, acts of God, acts of government (including, without limitation, any agency or department of the United States of America), acts of terrorism, acts of the public enemy, scarcity or rationing of gasoline or other fuel or vital products, inability to obtain materials or labor, or other causes which are reasonably beyond the control of such Party. 33. SEVERABILITY 20 2010 2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 2015-01-13 Agenda Packet Page 87 In the event that any of the terms, covenants or conditions of this Agreement, or the application of any such term, covenant or condition, shall be held invalid as to any person or circumstance by any court, regulatory agency, or other regulatory body having jurisdiction, all other terms, covenants, or conditions of this Agreement and their application shall not be affected thereby, but shall remain in full force and effect, unless a court, regulatory agency, or other regulatory body holds that the provisions are not separable from all other provisions of this Agreement. 34. GOVERNING LAW; VENUE This Agreement shall be interpreted, governed, and construed under the laws of the State of California as if executed and to be performed wholly within the State of California. Any action brought to enforce or interpret this Agreement shall be filed in San Diego County, California. 35. SECTION HEADINGS Section headings appearing in this Agreement are for convenience only and shall not be construed as interpretations of text. 36. SURVIVAL Notwithstanding completion or of this Agreement, the Parties shall continue to be bound by the provisions of this Agreement which by their nature or terms survive such completion or termination. Such provisions shall include, but are not limited to, Sections 8, 9, 12, 13, 14, 17, 21, 24, 34 and 37 of this Agreement. 37. ATTORNEYS'FEES Except as otherwise provided herein, in the event of any legal action or other proceeding between the Parties arising out of this Agreement or the transactions contemplated herein, each Party in such legal action or proceeding shall bear its own costs and expenses incurred therein, including reasonable attorneys' fees. 38. COOPERATION Each Party agrees to cooperate with the other Parties in whatever manner is reasonably required to facilitate the successful completion of this Agreement. 39. ENTIRE AGREEMENT This Agreement (including the Exhibits hereto) contains the entire agreement and understanding between the Parties and merges and supersedes all prior agreements, representations and discussions pertaining to the subject matter of this Agreement. 21 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 2015-01-13 Agenda Packet Page 88 40. COUNTERPARTS This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original,but all of which together shall be deemed to be one and the same instrument. (Signature page follows) 22 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 2015-01-13 Agenda Packet Page 89 IN WITNESS WHEREOF,the Parties hereto have caused this Agreement to be executed by their duly authorized representatives. CITY: CITY: APPROVED AS TO FORM THE CITY OF CHULA VISTA THE CITY OF CHOI.A VISTA James Sandoval �me. Ba esfeld (wt: ity Manager it e. City Attorney SDG&E: SAN DIEGO GAS& ELECTRIC COMPANY Name: Hal Snyder Title: Vice President, Customer Solutions APPROM AS TO FORM r 2015-01-13 Agenda Packet Page 90 EXHIBIT A 2010-2012 SCOPE OF WORK (See following attached pages) 2006-2008 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION OUTREACH PROGRAM AGREEMENT 2015-01-13 Agenda Packet Page 91 CITY OF CHULAViSTA 2010-2012 SDG&E LOCAL GOVERNMENT PARTNERSHIP SCOPE OF WORK PROGRAM OVERVIEW a) Program Title: City of Chula Vista/SDG&E Local Government Partnership b) Program Budget(3--Year): $4,088,991 c) Program Term: January 1, 2010 through December 31, 2012 d) Main Contact Information: Brendan Reed, Environmental Resource Manager Department of Conservation & Environmental Services 276 Fourth Avenue Chula Vista, CA 91910 619-409-5889 Office 619-476-5310 Fax PROGRAM COMPONENT Municipal Facilities Efficiency Improvements DESCRIPTION The SDG&E/Chula.Vista Energy Efficiency Partnership will expand the City's efforts to reduce municipal energy use through facility retrofits and upgrades. Chula Vista owns, leases, and/or operates over 90 buildings and structures totaling approximately 1.4 million square feet. Annually, the City's buildings consume an estimated 12 million kWh and 1 million therms. In addition, the program will help train municipal facility managers on better energy management practices and will complement Chula Vista's ongoing investments in renewable energy generation. GOALS, OBJECTIVES &DELIVERABLES 1. Develop integrated energy management strategies for major City buildings and facilities 2010-2012 CV/SDG&E Local Government Partnership 1 of 12 Final SOW 2015-01-13 Agenda Packet Page 92 a. Objective -- Coordinate with SDG&E and other third-party entities to complete integrated energy facility audits to identify energy efficiency, demand response, and distributed generation opportunities. i. Deliverables — Complete integrated facility audits for major municipal sites. b. Objective — Use the EPA Portfolio Manager to track and benchmark all major municipal buildings and facilities' energy consumption over time. i. Deliverables — Uploading of energy consumption data for major municipal facilities to the EPA Portfolio Manager. 2. Reduce energy consumption at City buildings, facilities, and related infrastructure a. Objective — Coordinate the installation of energy efficient retrofit projects (such as HVAC, lighting, and VFDs) at City buildings, facilities, and related infrastructure. i. Deliverables -- Reduce the City's building energy use by approximately 1,000,000 kWh and 20,000 therms. b. Objective — Complete an energy-efficient street lighting demonstration project to test the applicability of various lighting technologies for different roadway types. i. Deliverables -- Produce a summary report which compares and contrasts the feasibility of using energy-saving lighting fixtures in municipal street lighting operations. c. Objective — Identify and pursue energy efficiency financing options to provide installation capital costs which are not covered under existing incentive programs. i. Deliverables — Secure retrofit project financing through California Energy Commission loan or SDG&E "On-Bill Financing" programs (exact value dependent on identified retrofit project list). TARGET AUDIENCE To include: City facility managers and support staff SCHEDULE • Jan April `10: Begin integrated energy audits Identify retrofit projects at municipal facilities Obtain energy efficiency financing for retrofit projects • May '10—Dec '12 Install energy efficiency retrofits and verify energy savings 2010-2012 CV/SDG&E Local Government Partnership 2 of 12 Final SOW 2015-01-13 Agenda Packet Page 93 BUDGET Program Name: Municipal Facilities Efficiency Improvements Program Budget . Item ($) (%) Administrative Costs - - Marlceting/Outreach Costs - - Incentive/Rebate Costs - - Direct Implementation Costs $432,000 100% Total $432,000 100% PROGRAM COMPONENT EmPower Chula Vista Outreach Program DESCRIPTION The Empower Chula Vista program is designed to complement San Diego Gas & Electric's residential and commercial energy efficiency programs by providing trained City staff to engage and educate Chula Vista businesses, residents, and contractors about energy-saving opportunities. City staff are able to play a unique role in delivering energy efficiency programs to their community, both because their more proximate relationship with citizens, and because they are able to leverage other municipal services/processes to maximize outreach effectiveness. For the 2010-2012 Energy Efficiency Partnership, the City of Chula Vista will build upon its successful Empower Chula Vista program - which distributed over 50,000 CFLs, 2,600 water-saving devices, and performed over 2,000 energy evaluations in the community since 2006 - by broadening its targeted audience and its focus on whole-building energy performance retrofits, "plug-loads", and energy consumption behavior. GOALS, OBJECTIVES, &DELIVERABLES 1. Increase the community's awareness and access to energy-saving technologies & promote CPUC/SDG&E's involvement in delivering energy-saving opportunities a. Objective — Trained City staff will perform free on-site energy evaluations for Chula Vista businesses and residents. The evaluations will include a review of past consumption data (using SDG&E's Energy Waves software) and an analysis of energy-saving opportunities (both technological and behavioral). City staff will provide participants with an overview of applicable SDG&E incentive programs and assistance completing incentive and/or On-Bill Financing applications. All referral information generated through the evaluations will be electronically sent to SDG&E program managers. 2010-2012 CV/SDG&E Local Government Partnership 3 of 12 Final SOW 2015-01-13 Agenda Packet Page 94 i. Deliverables--Energy evaluations of local businesses and residences will be completed generating SDG&E program referrals. b. Objective—As part of the residential and business evaluations, City staff will demonstrate to participants the amount of electricity being drawn by various plug-load devices in their facility by using a Kill A WattTM device. Participants may also receive a power strip with timer to reduce wasteful "vampire" energy. i. Deliverables Energy-saving power strips will be distributed (limit one per householdibusiness during three year cycle). Vampire energy can account for more than 8% of a typical home's electricity usage. c. Objective Program participants will have an option of monitoring their home or business's energy consumption over a two-week period using a real- time energy monitor (PowerCost Monitor TM or other similar device). At the conclusion of the two week period, City staff will review with the participants their energy use and applicable behavioral and operational changes to reduce their consumption. i. Deliverables — Residents and/or businesses will participate in the energy monitoring program. Studies have shown that increased energy awareness and simple consumption changes can deliver a 10%reduction in energy use. d. Objective ---- As part of the City's Home Upgrade, Carbon Downgrade program, residents and businesses interested in installing more energy- efficient or renewable energy technologies will be able to take advantage of streamlined contracting, permitting, and/or financing to facilitate retrofits. Special foe-us will be given to promoting cost-effective, whole-building performance upgrades (instead of single measures). i. Deliverables Residents and/or businesses will enroll in the Home Upgrade, Carbon Downgrade program resulting in installed energy- efficiency and demand reduction equipment. 2. Promote the use and proper disposal of energy-efficient lighting a. Objective — As an incentive for energy assessment program participation, residents and businesses will be offered energy-efficient Compact Fluorescent Lights (CFL) in exchange for traditional models. i. Deliverables ---- CFLs will be exchanged for incandescent or other traditional bulb types. b. Objective — Due to the recent market transformation from older incandescent lighting to energy-efficient Compact Fluorescent Lights (CFL), there is a growing community demand for opportunities to properly dispose of CFLs. City staff will work to establish and promote convenient CFL disposal opportunities for the South Bay community. i. Deliverables — Disposal events will be organized in the South Bay area, while permanent disposal sites will be promoted. 2010-2012 CV/SDG&E Local Government Partnership 4 of 12 Final SOW 2015-01-13 Agenda Packet Page 95 c. Objective — As part of the annual Starlight Parade, residents will be able to exchange up to three incandescent holiday light strands for energy-efficient LED holiday lights. i. Deliverables — LED holiday lights will be distributed annually during the three-year program cycle. LED lights can save up to 90% in holiday lighting costs and last 100 times longer than incandescent lights. 3. Expand energy-efficiency opportunities in underserved community sectors in which there is a high demand for energy efficiency services and considerable potential for energy savings a. Objective—Chula Vista is an ethnically diverse city with a large percentage of residents, business owners, and contractors who speak a foreign language as their primary language. To assist the program in successfully engaging these typically underserved sectors, the City will recruit staff members who are fluent in Spanish, Tagalog, Vietnamese, or another locally-spoken language. i. Deliverables - Outreach team will include foreign-speaking staff members who are fluent in the aforementioned languages. All outreach materials will be translated into at least 1 foreign language and used to engage with non-English speaking ratepayers. b. Objective — In conjunction with the City's Redevelopment Agency and the Office of Economic Development, the program will place a large emphasis on penetrating new community sectors to deliver energy efficiency education, assessments, and SDG&E program referrals. i. Deliverables — Creation and distribution of customized promotional materials, sector workshops, and multi-department outreach efforts to new sectors which may include mobile homes, corporations, box/department stores, dry cleaners, auto repair, supermarkets, and healthcare offices. c. Objective — The outreach program's "Peer-to-Peer" efforts will focus on providing technical and policy support to enable smaller South Bay municipalities to pursue energy efficiency regulations, facility retrofit projects and community outreach campaigns by organizing a series of workshops and meetings. The workshops will educate South Bay government employees and officials about all aspects of energy management and provide valuable "lessons learned" from Chula Vista's past experience implementing municipal and community energy efficiency programs. i. Deliverables — Organize workshops and meetings for South Bay municipal staff and officials. Workshop topics may include energy ordinances/codes, energy efficiency technology, retrofit financing, renewable energy integration, and greenhouse gas emission inventories. 2010-2012 CV/SDG&E Local Government Partnership S of 12 Final SOW 2015-01-13 Agenda Packet Page 96 TARGET AUDIENCE To include: South Bay elected officials, city employees, non-English speaking ratepayers, residents and businesses (including mobile homes, corporations, box/department stores, dry cleaners, auto repair, supermarkets, and healthcare offices). In order to successfully implement the outreach program, the City will leverage an array of public marketing and media tools which are unique to local governments: MARKETING TOOL City Calendar/Website 4.5 million monthly`hits' City Newsletter 1,100 subscribers Direct Mailers 200,000 individuals Business License Renewal Process 8,000 licensed businesses Solid Waste/Recycling Billing 85,000 households Multi-Departmental Outreach 300,000 individuals(incl.National City&Imperial Beach) South Bay Community Events 500,000 attendees Chula Vista Civic Organizations 100 community leaders SCHEDULE • Jan `10: Recruit&train staff Prepare marketing plans &materials Create tracking database & forms • Feb 'l 0: Begin community energy assessments &Home Upgrade, Carbon Downgrade program • April `09: Begin Peer-To-Peer workshop series • Dec '09: Host an LED holiday lighting exchange • Jan '10—Dec '11: Continue program implementation BUDGET Below is the program's 3-year Partnership budget. In addition to Partnership funds, the program will leverage the City's Energy Efficiency & Conservation Block Grant funds ($900,000), private financing (up to $10 million), and in-kind community and volunteer support. 2010-2012 CV/SDG&E Local Government Partnership 6 of 12 Final SOW 2015-01-13 Agenda Packet Page 97 Program Name: EmPower Chula Vista Outreach Program Pro rani Budget. Item :.: ($) (%) Administrative Costs $295,701 20% Marketing/Outreach Costs $45,000 4% Incentive/Rebate Costs - - Direct Implementation Costs $1,101,718 76% Total $1,442,419 100% PROGRAM COMPONENT Sustainable Communities Program DESCRIPTION Building upon the current program, the Chula Vista"Sustainable Communities Program" (SCP) will further City staff's expertise in energy conservation and green building principles, with the goal of infusing sustainable practices into every level of the planning and building process. Staff will promote these principles to customers engaged in the municipal permit and construction approval process through the City's Internet, on the phone, or in person at the Public Services Building. Under the SCP, the Development Services Department will also investigate and update their existing programs, guidelines, and regulations to reflect the advances that have been made in both the green building and energy conservation aspects of community and project-level site planning and to coordinate these activities with new energy-related programs. GOALS, OBJECTIVES & DELIVERABLES 1. Development, adoption, implementation, and modification of programs, policies, and ordinances to increase energy efficiency and sustainability levels over established baseline values. a. Objective — Dedicate selected staff members to fulfill Local Government Partnership and program goals. Provide funds for a Building Inspector II (full time) and Associate Planner (half time) to develop and maintain expertise in energy efficiency and to initiate energy-saving building and Iand use measures, respectively. i. Deliverables - New and updated energy conservation and sustainability policies, guidelines, procedures, and ordinances for large-scale new developments, site plans, and new building construction as well as for remodels and additions to existing buildings. 2010-2012 CVISDG&E Local Government Partnership 7 of 12 Final SOW 2015-01-13 Agenda Packet Page 98 ii. Deliverables - Encourage Plan Examiners (3) and the dedicated Building Inspector II (1) to obtain "Certified Energy Plans Examiner" credentials and other relevant certifications. b. Objective----Investigate a voluntary and incentivized program to encourage development to be more energy efficient than new mandatory enhanced standards. i. Deliverables - Research and present a program feasibility summary that would offer an expedited entitlement approval and permitting process for new development that meets an advanced tiered standard of energy efficiency above the new enhanced mandatory values (15-20% over Title-24) and would be established by code and local ordinance. ii. Deliverables - Research and present a program feasibility summary that would offer an expedited permit process to small additions, remodels, and tenant improvements that are more energy efficient than the 2008 Energy Code. These projects are currently exempt from the new "Above Title-24 Energy Efficiency Ordinance", expected to be in place in 2010. 2. Outreach, support, and education of City staff, the public, the development community, and peer groups on new energy efficiency and sustainability measures. a. Objective — Update and maintain print and website media content to guide staff and the public on the changes to SCP programs and policies. i. Deliverables — Produce revised hardcopy and digital forms, handouts,brochures, process guides, and information links. ii. Deliverables - Update "Sustainability Center" website with new program materials and energy-focused information regularly. iii. Deliverables — Develop articles about SCP activities to be distributed through news and City information outlets. iv. Deliverables - Regular E-Mail distribution list notifications to the development community on topics relating to the program. b. Objective — Provide technical support and education on the changes to the SCP programs and policies. i. Deliverables - Attend and participate in events for sharing"lessons learned", successes, and progress information at venues such as SDG&E Partnership Mixers, City staff meetings, and community events. Distribution of SCP and SDG&E materials at these events. ii. Deliverables - Provide regular in-house trainings to Development Services staff on the SCP program,Title 24, Energy Efficiency and Green Building ordinances. iii. Deliverables - Participate in pre-construction meetings on jobsites to explain and aid compliance with the new Green Building 2010-2012 CV/SDG&E Local Government Partnership S of 12 Final SOW 2015-01-13 Agenda Packet Page 99 Standards, Energy Code, and Energy Efficiency ordinances developed. Number of meetings and follow-ups will be dependent on a development project's scope of work and the needs of the applicant or contractor. iv. Deliverables - Staffing of "Sustainability Desk" with a Building Inspector II who will be on-call during public counter hours to answer questions, calls, and eznails relating to the SCP and Title 24. Inspector will also provide research, guidance, and assistance with plan check of energy efficiency and green building practices at the Development Services counter. v. Deliverables - Maintain current informational materials,brochures, and handouts at the" Sustainability Desk". 3. Increase compliance and enforcement of new "reach" energy efficiency and sustainability codes which were recently adopted by the Chula Vista City Council. a. Objective Building Inspector II to provide verification that all mandatory enhanced energy efficiency and green building requirements are being properly met. i. Deliverables - Perform field audits on all types of construction projects to confirm compliance with the enhanced energy efficiency requirements and to ensure proper installation and inspection procedures were performed. ii. Deliverables - Regularly review plans and documentation with the developers, contractors, owner builders, and Development Services staff. TARGET AUDIENCE To include: Building and Planning Department staff, Builders, Developers, Residents, businesses SCHEDULE • Jan—Mar 2010 Adoption of new enhanced energy efficiency codes Enforcement of new Title 24 2008 code • April 2010--Dec 2012 Implementation of SCP goals and deliverables 2010-2012 CV/SDG&E Local Government Partnership 9 of 12 Final SOW 2015-01-13 Agenda Packet Page 100 BUDGET Pro ram Narrie:. Sustainable Communities Program : Program Bud et. Item Administrative Costs $ 156,440 15% Marketing/Outreach Costs $73,631 7% Incentive/Rebate Costs - - Direct Implementation Costs $777,930 78% Total $1,008,000 100% PROGRAM COMPONENT Energy-Efficient Economic Development Initiative DESCRIPTION Through the current partnership with SDG&E, the City has begun to demonstrate how energy-efficient and renewable energy technologies and energy conservation (SERE & EC) can be cost-effectively integrated into large-scale development projects to reduce energy consumption and greenhouse gas emissions. The proposed program will expand upon and leverage this work through additional research, demonstration, and technical assistance initiatives that will enable developers and builders to design and construct high-efficiency and zero-net-energy projects at greenfield, grayfield, and brownfield sites throughout the City. Further, the program will support a full-time Subject Matter Expert (SME) to generate and manage these initiatives and to assist the Economic Development Division and Planning Division attract businesses and development projects that will enhance the City's energy-efficiency and emission reduction goals. GOALS, OBJECTIVES & DELIVERABLES 1. Generate New Knowledge & Methods & Strengthen Utility Efficiency Programs a. Objective—SME will plan, resource, and manage feasibility studies/projects to determine the cost-effective combinations of SERE&EC technologies and urban design features that deliver maximum energy efficiency and emission reduction gains in representative residential, commercial, industrial, institutional, and mixed-use projects in Chula Vista. The City and the SME will work closely with SDG&E to ensure that these initiatives enhance the Savings by Design, Sustainable Communities, Emerging Technologies, and the Express Efficiency programs to produce greater energy savings and emission reductions. i. Deliverables -- Translation of the research into practical resource guides for the development trades including recommended program enhancements for some of the SDG&E programs mentioned above or other general enhancement recommendations. 2010-2012 CV/SDG&E Local Government Partnership 10 of 12 Final SOW 2015-01-13 Agenda Packet Page 101 2. Demonstrate Value of EERE&EC Development Projects a. Objective — SME will collaborate with development and building industry partners to demonstrate model SERE&EC technology applications in representative development projects across the City. SME will seek additional State agency (California Energy Commission) support to conduct performance verification projects to demonstrate actual performance benefits of selected technology applications. i. Deliverables --- Technology demonstration projects and case studies of successful EERE&EC development projects including a compelling business case for the development industry. Note: Demonstration projects dependent on SDG&E participation. 3. Retain & Expand AIlied Businesses,Institutions & Development Projects a. Objective — SME will assist the Economic Development Office in communicating to existing businesses, and to those relocating to the City, the "business case" for EERE&EC technologies and their value in lowering operating costs. SME will participate in the planning and design of the City's new Eco-Industrial/Business Park and will assist the Economic Development Office in recruiting new businesses specializing in clean energy technologies, products and services. SME will assist in recruiting clean energy technology research and development organizations to the University Park and Research Center. SME will assist the Planning Division in incorporating related resources into their programs. The City and the SME will work with the aforementioned SDG&E programs to ensure that new business recruitment/development projects produce energy savings and emissions reductions. i. Deliverables — Targeted business/development project recruitment initiatives. These initiatives will assist SDG&E in meeting their obligations under the Global Warming Solutions Act of 2006 (AB 32) and the requirements of SB 1368. TARGET AUDIENCES To include: clean technology companies, universities and related research institutes, the hospitality industry, and the real estate development community. SCHEDULE • Jan--May `10: Define the role of the SME &recruit the individual • June—Dec `10: Refine the SME role & develop detailed program plans • Jan `l l —Dec `12: Implement the program 2010-2012 CV/SDG&E Local Government Partnership 11 of 12 Final SOW 2015-01-13 Agenda Packet Page 102 BUDGET Program Name: Energy-Efficient Community Development Initiative.. Pro ram Bud et Item $) (%):.:.1 Administrative Costs $15,000 2% Marketing/Outreach Costs $60,000 7% Incentive/Rebate Costs - - Direct Implementation Costs $729,000 91% Total $$04,000 100% PROGRAM COMPONENT Partnership Management &Administration DESCRIPTION The citywide Partnership program is coordinated and administered by a central staff member to improve efficiency, effectiveness, and communication between all parties. The staff member also serves as a direct contact for SDG&E program managers. BUDGET Program Name: Partnership Management&Administration rograu3i Budget Item M. (%) Administrative Costs $402,572 100% Marketing/Outreach Costs - - Incentive/Rebate Costs - - Direct Implementation.Costs - - Total $402,572 100% 2010-2012 CV/SDG&E Local Government Partnership 12 of 12 Final SOW 2015-01-13 Agenda Packet Page 103 EXHIBIT B EM&V PLAN EM&V Plan will be issued at a later date in 2010 by the California Public Utilities Commission and will be attached at that time. ] 2006-2008 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION OUTREACH PROGRAM AGREEMENT 2015-01-13 Agenda Packet Page 104 EXHIBIT C REPORTINGING REQUIREMENTS (As Applicable) 1. Reporting 1.1 Chula Vista shall provide SDG&E with the requisite information,in accordance with Section 9.4 of the Agreement,on the prior month's activities,accomplishments and expenditures incurred in Unified Chula Vista accounting periods related to its respective Authorized Work obligations,for purposes of preparing the Monthly,Quarterly and Annual Reporting. 1.2 SDG&E shall provide Chula Vista in accordance with the provisions of Section 25 of the Agreenunt, or otherwise make available to Chula Vista on SDG&E's website,a copy of the filed Monthly Reporting within five(5)Business Days after fling. 2. Monthly Reporting 2.1 Program Data A spreadsheet table or tables listing which includes the followhg information: Program Costs (cost reported cumulative-to-date(also referred to as inception-to-date)) a. Program identification number as provided by the Program Administrator b. Program name c. Total cumulative program authorized budget as adopted by the Commission d. Total cumulative program operating budget which includes any midcourse budget modifications (e.g.,fund shifts) e. Total cumulative program expenditures f. Total program expenditures for the report month g. Total cumulative commitments(limited to incentive commitments) Program Impacts(cost reported cumulative-to-date(also referred to as inception-to-date)) a. Total cumulative net kW,kWh, and Therm savings projections b. Total cumulative achieved net kW,kWh and Therm savings c. Total achieved net kW,kWh and Therm savings for the report month d. Total committed(limited to incentive commitments)net kW,kWh and Therm savings 2.2 Program Changes/New Program Information If applicable, the following information should be reported in the Monthly report: a. Identification of program with operating budgets reduced during the report month b. Identification of program with operating budgets increased during the report month c. Identification of program terminated during the report month 3. Quarterly Report 3.1 Portfolio Benefit/Cost Metrics(Cumulative to Date a. Total cost to billpayers(TRC,administrative cost and incremental cost per the Standard Practice Manual) b. Total savings to billpayers(TRC) c. Net benefits to billpayers(TRC) d. TRC Ratio e. PAC Ratio f. Cost per kWh saved(cents/kWh)(PAC) g. Cost per therm savings($/therm)(PAC) 2006-2008 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION OUTREACH PROGRAM AGREEMENT 2015-01-13 Agenda Packet Page 105 3.2 Measure List—A spreadsheet table for each program or program element containing each measure installed,service rendered,or measure/service committed during the report month for which the Program Implementer intends to claim savings. The Program Implementer should include any new measures as part of the quarterly report. The list should display each measure as it is tracked and recorded by the implemcntcr and should include the following parameters at aminimum: a. Name of Measure or Service Rendered b. Measure or Service Description c. DEER Measure ID(where applicable) d. DEER Run ID(where applicable) e. Unit Definition f. Unit gross kWh savings g. Unit gross Therms savings h. Unit gross kW demand reduction i. Incremental Measure Cost j. Net to Gross Ratio k. Effective Useful Life 1. Detailed end use classification(using classification scheme in section 6) m. Quantity Installed during report period n. Quantity Committed during report period o. Rebate amount paid p. Market Sector classification(using classification scheme in section 6) q. Market Segment classification(using classification scheme in section 6) 3.3 Expenditures for the program per cost reporting format below(Appendix to Attachment contains list of allowable costs): a. Commission Authorized Budget b. Operating Budget c. Total Expenditures i. Administrative Cost ii. Marketing/Advertising/Outreach Costs iii. Direct Implementation 3.4 GBI Report—Progress towards achieving goals of the Green Building Initiative;if applicable (Cumulative results) a. Estimate of expenditures on program activities that contribute towards GBI goals(including both public and non-public commercial participants) b. Net cumulative achieved kW,kWh and Therm savings contributing towards GBI goals. c. Net achieved kW,kWh and Therm savings contributing towards GBI goals for the quarter. d. A description of non-resource program activities that support the Green Building Initiative, including marketing and outreach activities. e. Estimate of square footage affected by program activities supporting the Green Building Initiative f. Items b,c and e above disaggregated by: i. 2-digit NAICS code ii. Aggregated end use classification(using classification scheme in section 5) 3.5 Program Narratives—For the program,a description of the program activities occurring during the quarter. a. Administrative activities b. Marketing activities c. Direct Implementation activities d. Chula Vista's assessment of program performance and program status(is the program on target, exceeding expectations, or falling short of expectations,etc.) 27 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 2015-01-13 Agenda Packet Page 106 e. For non-resource programs and program elements(programs or program elements that are not claiming direct energy impacts),a discussion of the status of program achievements. f. Discussion of changes in program emphasis(new program elements,less or more emphasis on a particular delivery strategy,program elements discontinued,measure discontinued,etc.) g. Discussion of near term plans for program over the coming months(e.g.,marketing and outreach efforts that are expected to significantly increase program participation,etc.) h. Changes to staffing and staff responsibilities,if any i. Changes to contacts,if any j. Changes to subcontractors and subcontractor responsibilities,if any k. Number of customer complaints received 1. Program Theory and Logic Model if not already provided in the program's implementation plan, or if revisions have been made. 3.6 Utility Quarterly Reports—SDG&E shall provide Chula Vista a copy of the filed Quarterly Report within two(2)Business Days after filing with theCommission in accordance with the provisions of the Agreement. 4. Annual Reports The format and content of the annual report is expected to be developed by the CPUC in fall.(to be verified)The Program Implementer will be required to fulfill these reputing obligations for their program. 5. Reporting Terminology Definitions Adopted Program Budget—The program budget as it is adopted by the Commission. Inclusive of costs(+A) recovered from other sources. Operating Program Budget—The program budget as it is defined by the program administrators for internal program budgeting and management purposes. Inclusive of costs(+f)recovered from other sources. Direct Implementation Expenditures—Costs associated with activities that are a direct interface with the customer or program participant or recipient(e.g.,contractor receiving training). (Note: This is still an open issue, the items included in this definition may he changed by the CPUC pending discussion on the application of the State's Standard Practice Manual.) Invoice Month—Invoicing months shall be defined as the calendar month represented in largest part in the Unified Chula Vista's official accounting period schedule(Exhibit F). Data is available 15 days following the end dateof the accounting period. Invoices shall be prepared within 10 working days of the availability of Auditor expense reports. Report Month—The month for which a particular monthly report is providing data and information. For example, the report month for a report covering the month of July 2010,but prepared and delivered later than July 2010, would be July 2010. Program Strategy—The method deployed by a program in order to obtain program participation. Program Element—A subsection of a program,or body of program activities within which a single program strategy is employed. (Example:A body of program activities employing both an upstream rebate approach and a direct install approach is not a single program element.) 6. Measure Classification Measure End-Use Classification Each energy efficiency measure reported should be classified into one of the following en6use categories 28 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 2015-01-13 Agenda Packet Page 107 Residential End Uses Detailed End Use Aggregated End Use Clothes Dryer Appliances Clothes Washer Appliances Consumer Electronics Consumer Electronics Cooking Cooking Appliances Dishwasher Appliances Other Appliance Appliances Building Shell HVAC Space Cooling HVAC Space Heating HVAC Interior Lighting Lighting Exterior Lighting Lighting Pool Pump Pool Pump Freezers Refrigeration Refrigeration Refrigeration Water Heating Water Heating Other(User Entered Text String Description) Other Nonresidential End Uses Detailed End Use Aggregated End Use Building Shell HVAC Space Cooling HVAC Space Heating HVAC Ventilation HVAC Day lighting Lighting Interior Lighting Lighting Exterior Lighting Lighting Office Equipment Office Compressed Air Process Cooking Process Food Processing Process Motors Process Process Cooling Process Process Heat Process Process Steam Process Pumps Process Refrigeration Refrigeration Other(User Entered Text String Description) Other Measure Market SectorlMarket Segment Classification Where reports require market sector or market segment classification,the following classification scheme should be used. Market Sector Market Segment Residential NA Single Family NA Multi Family NA Mobile Homes NA 29 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 2015-01-13 Agenda Packet Page 108 Nonresidential NAICS CODE (greater than 2 digit not required) Commercial NAICS CODE (greater than 2 digit not required) Industrial NAICS CODE (greater than 2 digit not required) Agricultural NAICS CODE (greater than 2 digit not required) Unknown NA 7. Allowable Costs Allowable Costs Table The cost items listed on the Allowable Costs sheet are the only costs that can be claimed for ratepayer-funded energy efficiency work. The costs reported should be only for costs actually expended. Any financial commitments are to be categorized as commitments. If the reporting entity does not have a cost as listed on the cost reporting sheet,then no cost is to be reported for that item. These Allowable Cost elements are to be used whenever costs are invoiced or reported to the program administrator. If there is a desire to include additional Allowable Cost elements,the program administrator should be contacted in order for the administrator to seek approval from the CPUC. Cost Categories Allowable Costs Administrative Cost Category Managerial and Clerical Labor IOU Labor-Clerical IOU Labor- Program Design IOU Labor-Program Development IOU Labor- Program Planning IOU Labor- Program/Project Management IOU Labor-Staff Management IOU Labor-Staff Supervision Subcontractor Labor-Clerical Subcontractor Labor- Program Design Subcontractor Labor- Program Development Subcontractor Labor- Program Planning Subcontractor Labor- Program/Project Management Subcontractor Labor-Staff Management Subcontractor Labor-Staff Supervision Human Resource Support and Development IOU Labor-Human Resources IOU Labor-Staff Development and Training IOU Benefits -Administrative Labor IOU Benefits - Direct Implementation Labor IOU Benefits -Marketing/AdvertisinglOutreach Labor IOU Payroll Tax-Administrative Labor IOU Payroll Tax-Administrative Labor IOU Payroll Tax-Administrative Labor IOU Pension-Administrative Labor IOU Pension- Direct Implementation Labor IOU Pension-Marketing/Advertising/Outreach Labor Subcontractor Labor- Human Resources Subcontractor Labor-Staff Development and Training Subcontractor Benefits -Administrative Labor Subcontractor Benefits - Direct Implementation Labor Subcontractor Benefits - Marketing/Advertising/Outreach Labor Subcontractor Payroll Tax-Administrative Labor Subcontractor Payroll Tax- Direct Implementation Labor 30 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 2015-01-13 Agenda Packet Page 109 Allowable Costs Table The cost items listed on the Allowable Costs sheet are the only costs that can be claimed for ratepayer-funded energy efficiency work. The costs reported should be only for costs actually expended. Any financial commitments are to be categorized as commitments. If the reporting entity does not have a cost as listed on the cost reporting sheet,then no cost is to be reported for that item. These Allowable Cost elements are to be used whenever costs are invoiced or reported to the program administrator. If there is a desire to include additional Allowable Cost elements,the program administrator should be contacted in order for the administrator to seek approval from the CPUC. Cost Categories Allowable Costs Subcontractor Payroll Tax- Marketing/Advertising/Outreach Labor Subcontractor Pension -Administrative Labor Subcontractor Pension - Direct Implementation Labor Subcontractor Pension - Marketing/Advertising/Outreach Labor Travel and Conference l=ees IOU Conference Fees IOU Labor-Conference Attendance IOU Travel -Airfare IOU Travel - Lodging IOU Travel - Meals IOU Travel - Mileage IOU Travel- Parking IOU Travel- Per Diem for Misc. Expenses Subcontractor-Conference Fees Subcontractor Labor-Conference Attendance Subcontractor-Travel-Airfare Subcontractor-Travel- Lodging Subcontractor-Travel - Meals Subcontractor-Travel - Mileage Subcontractor-Travel -Parking Subcontractor-Travel -Per Diem for Misc. Expenses Overhead General and Administrative -Labor and Materials IOU Equipment Communications IOU Equipment Computing IOU Equipment Document Reproduction IOU Equipment General Office IOU Equipment Transportation IOU Food Service IOU Office Supplies IOU Postage IOU Labor-Accounting Support IOU Labor-Accounts Payable IOU Labor-Accounts Receivable IOU Labor-Administrative IOU Labor- Facilities Maintenance IOU Labor- Materials Management IOU Labor- Procurement IOU Labor-Shop Services IOU Labor-Transportation Services IOU Labor-Automated Systems IOU Labor-Communications IOU Labor- Information Technology IOU Labor-Telecommunications 31 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 2015-01-13 Agenda Packet Page 110 Allowable Costs Table The cost items listed on the Allowable Costs sheet are the only costs that can be claimed for ratepayer-funded energy efficiency work. The costs reported should be only for costs actually expended. Any financial commitments are to be categorized as commitments. If the reporting entity does not have a cost as listed on the cost reporting sheet,then no cost is to be reported for that item. These Allowable Cost elements are to be used whenever costs are invoiced or reported to the program administrator. If there is a desire to include additional Allowable Cost elements,the program administrator should be contacted in order for the administrator to seek approval from the CPUC. Cost Categories Allowable Costs Subcontractor Equipment Communications Subcontractor Equipment Computing Subcontractor Equipment Document Reproduction —Subcontractor Equipment General Office Subcontractor Equipment Transportation Subcontractor Food Service Subcontractor Office Supplies Subcontractor Postage Subcontractor Labor-Accounting Support Subcontractor Labor-Accounts Payable Subcontractor Labor-Accounts Receivable Subcontractor Labor- Facilities Maintenance Subcontractor Labor- Materials Management Subcontractor Labor-Procurement Subcontractor Labor-Shop Services Subcontractor Labor-Administrative Subcontractor Labor-Transportation Services Subcontractor Labor-Automated Systems Subcontractor Labor-Communications Subcontractor Labor- Information Technology Subcontractor Labor-Telecommunications Marketin IAdvertisin /Outreach Cost Category IOU -Advertisements/ Media Promotions IOU - Bill Inserts IOU - Brochures IOU - Door Hangers IOU - Print Advertisements IOU - Radio Spots IOU -Television Spots IOU -Website Development IOU Labor- Marketing IOU Labor-Media Production IOU Labor- Business Outreach IOU Labor-Customer Outreach IOU Labor-Customer Relations Subcontractor- Bill Inserts Subcontractor- Brochures Subcontractor- Door Hangers Subcontractor-Print Advertisements Subcontractor- Radio Spots Subcontractor-Television Spots Subcontractor-Website Development Subcontractor Labor- Marketing 32 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 2015-01-13 Agenda Packet Page 111 Allowable Costs Table The cost items listed on the Allowable Costs sheet are the only costs that can be claimed for ratepayer-funded energy efficiency work. The costs reported should be only for costs actually expended. Any financial commitments are to be categorized as commitments. If the reporting entity does not have a cost as listed on the cost reporting sheet,then no cost is to be reported for that item. These Allowable Cost elements are to be used whenever costs are invoiced or reported to the program administrator. If there is a desire to include additional Allowable Cost elements,the program administrator should be contacted in order for the administrator to seek approval from the CPUC. Cost Categories Allowable Costs Subcontractor Labor-Media Production Subcontractor Labor- Business Outreach Subcontractor Labor-Customer Outreach Subcontractor Labor-Customer Relations Direct Implementation Cost Category Financial Incentives to Customers Activity-Direct Labor IOU Labor-Curriculum Development IOU Labor-Customer Education and Training IOU Labor-Customer Equipment Testing and Diagnostics IOU Labor- Facilities Audits Subcontractor Labor-Facilities Audits Subcontractor Labor-Curriculum Development Subcontractor Labor-Customer Education and Training I Subcontractor Labor-Customer Equipment Testing and Diagnostics Installation and Service-Labor IOU Labor-Customer Equipment Repair and Servicing IOU Labor- Measure Installation Subcontractor Labor_Customer Equipment Repair and Servicing Subcontractor Labor-Customer Equipment Repair and Servicing Direct Implementation Hardware and Materials IOU Audit Applications and Forms IOU Direct Implementation Literature IOU Education Materials IOU Energy Measurement Tools IOU Installation Hardware Subcontractor- Direct Implementation Literature Subcontractor- Education Materials Subcontractor- Energy Measurement Tools Subcontractor- Installation Hardware Subcontractor-Audit Applications and Forms Rebate Processing and Inspection -Labor and Materials IOU Labor- Field Verification IOU Labor-Site Inspections IOU Labor- Rebate Processing IOU Rebate Applications Subcontractor Labor-Field Verification Subcontractor Labor- Rebate Processing Subcontractor- Rebate Applications 33 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 2015-01-13 Agenda Packet Page 112 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0731, Item#: 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE METROPOLITAN TRANSIT SYSTEM (MTS) REGARDING THE CITY'S DIVESTMENT OF PUBLIC TRANSPORTATION SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT RECOMMENDED ACTION Council adopt the resolution and approve the agreement. SUMMARY Over the last few years, MTS has been expanding its transit (South Bay) facility located at 3650 Main Street in Chula Vista. The expansion will include additional bus parking and new administrative and maintenance buildings. Additionally, MTS upgraded its Compressed Natural Gas fuel station in 2010. With this expansion, MTS will be able to consolidate the operations of the Chula Vista yard into their South Bay operations yard and vacate the PWC yard. The consolidation of all the transit operations under the regional transit agency, MTS, will create a reduction of administrative, management and operational tasks. Additionally, this consolidation will create revenue generating opportunities for the City by making available for lease a fully equipped bus maintenance facility. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project as defined under Section 15378 of the State CEQA Guidelines because the proposed action involves administrative/maintenance activities by the City of Chula Vista. 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. BOARD/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The City has been operating public transportation services via Chula Vista Transit (CVT) since 1971 . Over those 43 years, CVT has met the challenge of providing transit services to its residents by expanding services as the City grew and purchasing the capital equipment necessary. In 2001 , the City lost its direct allocation of State Transportation Development Act (TDA) Funds. All TDA funds were consolidated at the San Diego Metropolitan Transit System (MTS) (then the Metropolitan Transit Development Board). Due to the strong, respectful, and cooperative relationship the City has City of Chula Vista Page 1 of 4 Printed on 1/8/2015 2015-01-13 Agenda Packet powered by Leg age 113 File#: 14-0731, Item#: 9. had with MTS, CVT continued to operate independently, but under the MTS umbrella. Over the years MTS has provided all operating, administrative and capital funds for the City to continue to provide transit service to the community through its transit system. In 2002, CVT moved its operations to the new Public Works Center (PWC). Approximately $7.5 million of City Transportation Development Act funds contributed to the building of the PWC. The MTS transit yard expansion will now allow MTS to integrate the 38 buses currently used for CVT services. The consolidation of services will open up operational efficiencies and effectiveness in the provision of services and the use of public transportation funds. This transition also opens up a revenue generating opportunity for the City by making the space where the transit facilities are currently located in the PWC available for leasing. Transit facilities currently at the PWC include the following: Office space, parking space, fully equipped maintenance garage with six maintenance bays, mezzanine storage space and compressed natural gas facilities. Since July 1, 2001, when the City started to participate in the consolidation of the Transit Development Act, Article 4.0 funds in the MTS region, MTS has had an expanded regional view of transit services. City boundaries within our region no longer determine transit service levels. MTS took an unbiased view of the regional transportation needs of the greater community based on empirical data. CVT has benefited by this approach with increased service frequencies. Consequently, transit staff foresees MTS continuing to meet the City's current and future transportation requirements. This conclusion is further supported by the continuing professional and cooperative relationship the City has with MTS. This agreement turns over all City transit related obligations to MTS. The following is a summary of these obligations: Transit Facilities - Responsibilities for general bus stop maintenance shall be transferred to MTS. Services shall include installation of red curb (with City consultation), installation and removal of bus stop signs, minor graffiti removal from bus stop structures and minor tree trims The City shall continue to be responsible for City contracted waste management, street lighting, City-owned benches and shelters, and landscaping in the City right of way. All bus stop facility installations or relocations shall be coordinated with the City's Public Works Department. Bayfront Trolley Station/Visitor Center (BFVC) - Effective January 25, 2015, the Visitor Center building, any outstanding contracts with vendors, all utilities, facility maintenance and landscaping will be transferred over to MTS to manage in its entirety. MTS will be fully responsible for the building. Additionally, MTS and City acknowledge that the Bayfront/E Street Trolley Station is a site that has been identified for a future transit-oriented development project, either alone or assembled with neighboring properties. MTS and City agree to work cooperatively to identify a long-term use of the trolley station property that preserves all property rights necessary to operate public transit services at this location. It is anticipated that a future development will require the demolition of the Visitor Center building. Assume Contracts/Agreements - MTS shall assume all City transit-related contracts related to operation and maintenance of transit facilities, e.g., Bayfront/E Street Transit Center, H Street Transit City of Chula Vista Page 2 of 4 Printed on 1/8/2015 2015-01-13 Agenda Packet Page 114 File#: 14-0731, Item#: 9. Center and Southwestern College Transit Center. MTS shall be obligated to perform the services identified in the Contracts in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. Transition/Oversight - MTS elects to retain and fund the City's Transit Manager position to assist with the transition of CVT operations over to the South Bay facility, for an unspecified length of time. MTS and the City shall agree to a reimbursement method that shall be invoiced by the City as follows (post relocation of operations from the City to MTS's South Bay Maintenance Facility): • February 1, 2015 through June 30, 2015 activities (5 months): Invoice $16,377 per month by July 31, 2015- and • Post June 30, 2015 activities: Invoice $16,588 per month on a quarterly basis until the elimination of the Transit Manager position. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Councilmembers and has found no property holdings within 500 feet of the boundaries of the property, which is the subject of this action. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The consolidation of transit services in one transit yard will improve operational efficiencies and effectiveness. Contribution to the Connectivity of the Community and the Economic Vitality of the City will continue by providing transit trips that meet the shopping, medical, educational and employment needs of the residents and visitors of City. CURRENT YEAR FISCAL IMPACT Approval of the agreement will result in an impact to the General Fund and the Fleet Maintenance Fund. There is no net fiscal impact anticipated to the Transit Fund. General Fund - The budget includes reimbursements from Transit to the Public Works department for work performed on behalf of transit and for utilities expenditures. It is estimated the transition of Transit will result in a loss of approximately $145,000 in revenues in the current fiscal year. The Public Works department will no longer be reimbursed for work performed by Street Maintenance, Signing and Striping, Park Maintenance, and Custodial on behalf of Transit. It is also anticipated that utilities budgeted in Public Works Administration will be reduced once Transit is no longer located at Maxwell Road. Staff is evaluating what expenditure savings, if any, can help offset the projected revenue shortfall. Fleet Maintenance Fund - The budget includes reimbursements from Transit to the Fleet Maintenance Fund for expenses the Fleet Fund incurs on behalf of Transit. This includes utility costs related to compressed natural gas (CNG) station and maintenance costs. It is estimated the transition of Transit will result in a loss of approximately $47,000 in revenues in the current fiscal year. The Fleet Maintenance Fund will assume the maintenance costs of the Compressed Natural Gas Station in the amount of $9,130 and the compressor repair cost estimated at $9,500. Staff is evaluating what expenditure savings, if any, can help mitigate the projected revenue shortfall. City of Chula Vista Page 3 of 4 Printed on 1/8/2015 2015-01-13 Agenda Packet Page 115 File#: 14-0731, Item#: 9. Transit Fund - There is no net fiscal impact anticipated in the Transit fund. The City will continue to budget for the Transit Manager and will continue to be reimbursed for these costs. No additional expenditures are anticipated in this fund. Revenue shortfalls will be mitigated by expenditure savings. ONGOING FISCAL IMPACT Approval of the agreement will result in an impact to the General Fund and the Fleet Maintenance Fund, the full fiscal impact and possible mitigation strategies is being evaluated. There is no net fiscal impact anticipated to the Transit Fund. General Fund - The Public Works department includes approximately $304,000 in reimbursements for work performed by Public Works staff and utilities costs incurred on behalf of Transit. These reimbursements will be eliminated from future budgets. Staff is evaluating what expenditure savings, if any, can help offset the projected revenue shortfall. Public Works is currently in negotiations with Sweetwater Union High School District to relocate their Fleet to the space currently occupied by MTS which may help mitigate the elimination of Transit revenue. Fleet Maintenance Fund - The Fleet Maintenance Fund includes approximately $215,000 in reimbursements for costs incurred on behalf of Transit. These reimbursements will be eliminated from future budgets. Staff is evaluating what expenditure savings, if any, can help offset the projected revenue shortfall. Furthermore, the Fleet Maintenance Fund will assume the maintenance costs of the compressed natural gas station that has averaged $22,200 per year and the compressor maintenance cost of approximately $25,000 per year. This will result in increased fleet maintenance charges, which will also impact the General Fund. Transit Fund - There is no net fiscal impact anticipated in the Transit fund. The City will continue to budget for the Transit Manager and will continue to be reimbursed for these costs. No additional expenditures are anticipated in this fund. Revenue shortfalls will be mitigated by expenditure savings. Staff Contact: Andy Trujillo, Transit Manager City of Chula Vista Page 4 of 4 Printed on 1/8/2015 2015-01-13 Agenda Packet Page 116 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT BETWEEN THE CITY AND THE METROPOLITAN TRANSIT SYSTEM (MTS) REGARDING THE CITY'S DIVESTMENT OF PUBLIC TRANSPORTATION SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT WHEREAS, the City has been operating public transportation services via Chula Vista Transit (CVT) since 1971, and since 2002 it has been operating CVT from the John Lippitt Public Works Center(PWC); and WHEREAS, in July 1, 2001 the City lost its direct allocation of State Transportation Development Act (TDA) 4.0 funds and started to participate in the regional consolidation of TDA funds under the San Diego Metropolitan Transit System (MTS); and WHEREAS, in 2006 the City agreed to consolidate operating contracts with MTS and participate in a joint procurement with MTS while still retaining operations from the PWC; and WHEREAS, the MTS has completed their transit yard expansion at their transit facility located at 3650 Main Street in Chula Vista and will no longer need to operate from two transit yards; and WHEREAS, this divestment by the City will increase operational efficiencies and effectiveness in the provision of transit services and in the use of public transportation funds in the region; and WHEREAS, this divestment turns over all City transit obligations to MTS. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Resolution of the City Council of the City of Chula Vista Approving Agreement between the City and the Metropolitan Transit System Regarding the City's Divestment of Public Transportation Services, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the Mayor execute same. Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney C:\Users\GRANIC—l\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@AC0547E4\@BCL AC0547E4.doc 2016-01-13 Agenda Packet Page 117 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Glen R. GoogiWs City Attorney Dated: JD/ MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO METROPOLITAN TRANSIT SYSTEM REGARDING CHULA VISTA'S DIVESTMENT OF PUBLIC TRANSPORTATION SERVICES 2015-01-13 Agenda Packet Page 1143 MTS Doc. No. G1777.0-15 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO METROPOLITAN TRANSIT SYSTEM REGARDING CHULA VISTA'S DIVESTMENT OF PUBLIC TRANSPORTATION SERVICES This agreement (Agreement), dated , 2015, for the purposes of reference only and effective as of the date last executed, is between the City of Chula Vista (City), a municipal chartered corporation of the State of California, whose business address and telephone number are as follows: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 (619) 691-5037 - Telephone and the San Diego Metropolitan Transit System (MTS), a California public agency whose business address and telephone number are as follows: 1255 Imperial Avenue, Suite 1000 San Diego, CA 92101 (619) 231-1466 - Telephone The Agreement is made with reference to the following facts: WHEREAS, the state legislature declared its intent to improve existing public transportation services and encourage regional public transportation coordination; and WHEREAS, pursuant to Public Utilities Code sections 120000, et seq., MTS is the public agency responsible for the coordination and provision of public transit services within certain portions of the County of San Diego, including the City; and WHEREAS, City's public transit operator Chula Vista Transit (CVT) is an independent municipal transit system with the City Council as its governing board, which operates public transit services Wthin the City; and WHEREAS, funding for CVT is allocated and approved each year by the MTS Board of Directors through the MTS annual budget; and WHEREAS, the City has been providing public transit service under CVT in the City since 1971; and WHEREAS, the City Of Chula Vista City Council would like MTS to assume CVT services; and WHEREAS, the City is a member of MTS Board; and WHEREAS, the parties to this Agreement have determined that it would be in their best interests to enter into an agreement that sets forth the consolidation of transit services to one transit yard; and WHEREAS, the benefits to be gained by the riders who use the transit services provided by parties to this Agreement will include more economical, efficient, effective, continuous, cooperative, 2015-01-13 Agenda Packet A P_?e 119 comprehensive coordination of local, inter-jurisdictional, and regional public transportation service in the San Diego South Bay community; and NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties hereto agree as follows: A. GENERAL OBLIGATIONS 1. City shall participate in the management of MTS through its appointed MTS Board member and alternate. 2. The City's City Manager and MTS's Chief Executive Officer are authorized to execute appropriate personnel and inter-agency reimbursements to implement transition. This includes items such as use of agency vehicles, assignment of work location, office equipment, office space and computers. Vehicles and office equipment may transition to MTS. 3. City shall make all records, relative to this Agreement, available to MTS for such audit, review, inspection, and copying, as MTS may from time to time desire to conduct. MTS shall provide the City with advanced written notice of such inspections and audits and shall reasonably adjust such times to conform to the availability of City personnel so long as the inspections and audits are not unreasonably delayed. B. MTS OBLIGATIONS 1. Provision of Services. MTS shall continue to provide transit services in the City as part of the "San Diego Metropolitan Transit System". The level of service shall be determined by MTS Board policy. City shall have no obligation to pay for any of the transit services provided by MTS within the City. 2. Scope. MTS Board of Directors, with input from the City's MTS Board representative, shall approve the types and levels of service provided by MTS in the City, consistent with MTS policies and service planning, regarding the provision of public transportation services. City and MTS shall work together to maximize transit service infrastructure provided in the City, such as: bus stops, bus stop amenities, red curbs, signal priority and queue jumpers for transit vehicles, signal timing coordination efforts, concrete bus pads, traffic engineering, street maintenance and general transit service efficiency measures. 3. Bus Stop Facilities. Responsibilities for general bus stop maintenance shall be transferred to MTS. Services shall include installation of red curb (with City consultation), installation and removal of bus stop signs, minor graffiti removal from bus stop structures and minor tree trims. MTS will conduct ongoing field checks for these facilities by way of its Bus Operators, Supervisors and Contract Management Staff. MTS shall work closely with City graffiti abatement teams to coordinate graffiti removal and report incidents via the regional Graffiti Tracker programs. The City shall continue to be responsible for City contracted waste management, street lighting, City-owned benches and shelters, and landscaping in the City right of way. All bus stop facility installations or relocations shall be coordinated with the City's Public Works Department. 4. Additional Bus Stop Amenities. MTS shall work with the City to coordinate potential improvements in bus stop furniture and amenities. There may be opportunities for the City to -2- A-2 2015-01-13 Agenda Packet Page 120 join one or more of MTS's regional bench and shelter contracts in the future, which would require a separate agreement between the parties. 5. Bayfront Visitor Center. As to the Bayfront/E Street Trolley Station, MTS and City agree that: a. Effective January 25, 2015, the Visitor Center building, any outstanding contracts with vendors, all utilities, facility maintenance and landscaping be transferred over to MTS to manage in its entirety. MTS will be responsible for what happens to the building and what uses occupy it. Any revenues generated from the Bayfront Visitor Center shall be the property of MTS. This agreement expressly supersedes the provisions of MTDB Doc. No. 00-87-517 (Agreement between the County of San Diego, the City of Chula Vista and the San Diego Metropolitan Transit Development Board for the Management, Operation and Maintenance of the Bayfront Trolley Station dated October 21, 1986), where City and County agreed to pay the costs to operate and maintain the Visitor Center and the City was given the right to administer all visitor information leases. b. MTS and City acknowledge that the Bayfront/E Street Trolley Station is a site that has been identified for a future transit-oriented development project, either alone or assembled with neighboring properties. MTS and City agree to work cooperatively to identify a long-term use of the trolley station property that preserves all property rights necessary to operate public transit services at this location. It is anticipated that a future development will require the demolition of the Visitor Center building. 6. Assume Contracts/Agreements. MTS shall assume all City transit-related contracts related to operation and maintenance of transit facilities, e.g., Bayfront/E Street Transit Center, H Street Transit Center and Southwestern College Transit Center. MTS shall be obligated to perform the services identified in the Contracts in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. 7. Transition_Duration and Oversight. MTS elects to retain and fund the City's Transit Manager position to assist with the transition of CVT operations over to the South Bay facility, for an unspecified length of time. This is to ensure a seamless and efficient transition of internal 1 external records, services and equipment. MTS may stop funding this position at any time by providing 30 days advanced written notice to the City. Funding shall include the Transit Manager's base salary, fringe-related costs and overhead through the retention period. Accrued benefit balances are not included nor funded within this agreement. MTS and the City shall agree to a reimbursement method that shall be invoiced by the City as follows (post relocation of operations from the City to MTS's South Bay Maintenance Facility): • February 1, 2015 through June 30, 2015 activities (5 months): Invoice $16,377 per month by July 31, 2015; and • Post June 30, 2015 activities: Invoice $16,588 per month on a quarterly basis until the conclusion of the Transit Manager position- 8. MTS Owned Equipment. MTS shall be responsible for the removal and transfer of all Transit capital equipment purchased with MTS Federal funds and located at the Public Works Center. MTS may wish to transfer existing equipment ownership to the City if it is beneficial to both parties. This shall only happen with the consent of the City. City and MTS staff shall work together to determine which items, if any, get transferred to the City. -3- A-3 2015-01-13 Agenda Packet Page 121 9. City Owned Equipment. MTS shall insure its Contractor transfer back all equipment and assets utilized in providing transit services in good condition, minus normal wear and tear, and in working condition. 10. Transition Compensation. MTS to compensate City for all operational and/or maintenance costs associated with the transition of transit operations conducted at the City's Public Works Center through the existing, approved MTS/CVT fiscal year 2015 budget. No additional MTS funding shall be provided for transition activities. MTS shall compensate City for any City owned equipment and/or asset turned over in non-working order and in need of repair. C. DUTIES OF THE CITY 1. Consultation and Cooperation. City shall cooperate fully in the transition of its transit services. City shall regularly consult with MTS for the purpose of reviewing the transition process and to provide direction and guidance to achieve the objectives of this Agreement. City shall permit access to its office and maintenance facilities, files, and records by MTS throughout the duration of this transition. 2. Equipment Turn Over. City shall turn over all equipment purchased with Federal Transit Administration funds. This equipment shall aid in the provision of transit services in Chula Vista. 3. Facilities. City shall make available its CNG fuel station to MTS for emergency bus fueling. MTS shall reimburse City for all fuel used. 4. Financial-Reporting and Audits. City shall complete necessary reporting and auditing requirements for the period up to the date of the transition. This shall include, but is not limited to, providing requested materials and information to complete external audits required by state and federal agencies, performing year end data reporting necessary to complete National Transit Database requirements and conducting independent audits relative to the Comprehensive Annual Financial Report and the Transportation Development Act. D. TERM This Agreement shall remain in effect during such time as MTS is providing public transportation services in the City unless mutually agreed upon by both parties. E. FINANCIAL INTERESTS OF MTS MTS is Not Designated as a Fair Political Practices Commission Filer. Nevertheless, MTS agrees it shall not make, participate in making, or in any way attempt to use MTS's position to influence a governmental decision in which MTS knows or has reason to know MTS has a financial interest other than the compensation promised by this Agreement. F. DEFENSE, INDEMNITY AND HOLD HARMLESS 1. General Requirement. To the maximum extent allowed by law, MTS shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers, agents and employees from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorney's fees and actual costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of MTS, its officials, officers, -4- A-4 2015-01-13 Agenda Packet Page 122 employees, agents and contractors, arising out of or in connection with the performance of MTS's Obligations, the results of such performance or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or sole willful misconduct of the City, its officers or employees. 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 MTS, its employees, agents or officers, or any third party. 2. Costs of Defense and Award. Included in the foregoing obligations is MTS's obligation to defend, at MTS's own cost, expense and risk, any and all suits, actions or other legal proceedings, that may be brought or instituted against the City, its directors, officials, officers, employees, agents and/or volunteers, subject to the limitations in the General Requirement paragraph above. Subject to the limitations in the foregoing paragraph, MTS shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents and/or volunteers, for any and all related legal expenses and costs incurred by each of them. 3. Insurance Proceeds. MTS's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents and/or volunteers. 4. Declarations. MTS's obligations under this section shall not be limited by any prior or subsequent declaration by MTS. 5. Enforcement Costs. NITS agrees to pay any and all costs City incurs enforcing the indemnity and defense provisions set forth in this section, paragraphs 1-7. 6. Survival. MTS's obligations under this section, paragraphs 1-7, shall survive the termination of this Agreement. 7. No Alteration of Other Obligations. This Section shall in no way alter, affect or modify any of MTS's other obligations and duties under this Agreement. G. INDEPENDENT CONTRACTOR NITS and any of MTS's agents, employees, or representatives, or the Contractor, are, for all purposes under this Agreement, independent contractors and shall not be deemed to be employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, retirement benefits, workers' compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, Social Security tax, or any other payroll tax, and MTS shall be solely responsible for the payment of same and shall hold the City harmless with regard to such benefits. H. ATTORNEYS' 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 attorneys' fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. -5- A-5 2015-01-13 Agenda Packet Page 123 I. MISCELLANEOUS 1. Neither Party Authorized to Represent the Other. Unless specifically authorized under this Agreement, MTS shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever (See Duties of the City, Consultation and Cooperation, Section 2.1, first sentence). Unless specifically authorized under this Agreement, City shall have no authority to act as MTS's agent to bind MTS to any contractual agreements whatsoever. 2. Notices. 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, at the addresses identified in page one of this Agreement as the places of business for each of the designated parties. 3. Entire Agreement. This Agreement, together with any other written document referred to or contemplated in this Agreement, embodies the entire Agreement and understanding between the parties relating to the subject matter of the 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. 4. Capacity of Parties. Each signatory and party to the Agreement warrants and represents to the other party that it has legal authority, 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. 5. 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. Venue for this Agreement and performance hereunder shall be the County of San Diego. -6- A-6 2015-01-13 Agenda Packet Page 124 IN WITNESS WHEREOF, City and MTS have executed this Agreement thereby indicating that they have read and understood the same and indicate their full and complete consent to its terms: CITY OF CHULA VISTA SAN DIEGO METROPOLITAN TRANSIT SYSTEM Mary Salas Paul C. ablons Mayor Chief Execu e Officer Date: Date: /tee/v APPROVED AS TO FORM APPROVED AS TO FORM t:�/LA� Glen Googins Karen Landers City Attorney General Counsel Date: Date: ATTEST Donna Norris City Clerk Date: -7- A-7 2015-01-13 Agenda Packet Page 125 City of Chula Vista OF CHU�LAVISTA Staff Report File#: 14-0727, Item#: 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A $185,000 AGREEMENT BETWEEN THE CITY AND THE CENTER FOR SUSTAINABLE ENERGY (CSE) FOR SUPPORT IN IMPLEMENTING THE CITY OF CHULA VISTA'S SUSTAINABLE COMMUNITIES PROGRAM RECOMMENDED ACTION Council adopt the resolution. SUMMARY Staff has prepared a two-party agreement with the Center for Sustainable Energy (CSE) for support in implementing the City of Chula Vista's Sustainable Communities Program. The purpose of the agreement is to perform a variety of tasks, such as education and training, code coaching, inspections, pre-construction meetings and updates to the Sustainability Center website that will promote energy efficiency and reduced green house gas emissions as part of the planning and building process. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed agreement for compliance with the California Environmental Quality Act (CEQA) and has determined that the project is exempt, pursuant to Section 15061(b)(3) of the State CEQA guidelines. The implementation of the SCP, including education and training, code coaching, inspections, pre-construction meetings, and updates to the Sustainability Center website, will not cause a significant environmental effect. Thus, no further environmental review is required. BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION The City is part of a Local Government Partnership (LGP) with San Diego Gas & Electric (SDGE) to promote energy efficiency in Chula Vista. As part of our LGP, the City of Chula Vista established a Sustainable Communities Program in 2009, to investigate and update existing programs, guidelines and regulations to reflect the advances that have been made in both green building and energy conservation for buildings as well as community- and project-level site planning considerations. Because technologies and standards are constantly evolving, the City's SCP also emphasizes ongoing education and support for staff, developers and permit applicants. The City entered into an agreement with SDGE for the 2015 funding cycle, with certain goals and objectives for its Sustainable Communities Program. Qualifications Due to CSE's unique qualifications and energy efficiency expertise, the City accomplished the City of Chula Vista Page 1 of 2 Printed on 1/8/2015 2015-01-13 Agenda Packet Page 126 File#: 14-0727, Item#: 10. following in 2014: held 15 trainings on various energy efficiency topics (trained over 200 attendees), provided one-on-one support for energy efficient design to staff and the development community, and developed educational tools such as energy code and green building code correction lists, checklists, and website updates (CVMC 2.56.070.B.4). Based on this experience, the Center for Sustainable Energy has been selected to continue assisting the City in its Sustainable Communities efforts for 2015. Scope of Work The following summarizes the proposed scope of work to be performed by CSE team, in accordance with the LGP agreement: • Training of staff and development community • Code coaching and Sustainability Desk staffing • Secondary inspections for Energy Code compliance • Pre-construction Meetings to promote opportunities for meeting and exceeding energy goals • Updates to Sustainability Center website 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. Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. Implementation of the SCP supports the Healthy Community goal, as the SCP seeks to promote energy efficiency and reduce green house gas emissions by infusing sustainable practices into the planning and building process. CURRENT YEAR FISCAL IMPACT There is no net fiscal impact to the General Fund resulting from the proposed agreement. The cost for the proposed scope of work is $185,000. The funds for the Sustainable Communities Program have been appropriated and are provided through the Local Government Partnership with SDGE; staff has confirmed that the proposed work is an eligible expense under the Partnership Agreement. ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the General Fund. ATTACHMENTS Attachment 1 - Two-Party Agreement with CSE Attachment 2 - Resolution for CSE Agreement Staff Contact: Janice Kluth, Senior Project Coordinator, Development Services Dept. City of Chula Vista Page 2 of 2 Printed on 1/8/2015 2015-01-13 Agenda Packet Page 127 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Glen R. Googins City Attorney i Dated: I (� AGREEMENT BET' iVEEN THE CITY OF CHULA VISTA AND CENTER FOR SUSTAINABLE ENERGY TO PROVIDE SUPPORT IN IMPLEMENTING THE CITY OFR CHULA VISTA'S SUSTAINABLE COMMUNITIES PROGRAM 2015-01-13 Agenda Packet Page 128 Agreement between City of Chula Vista and Center for Sustainable Energy, To Provide Support in Implementing the City of Chula Vista's Sustainable Communities Program This agreement (Agreement), effective on the date of execution, is between the City-related entity whose name and business form is indicated on Exhibit A, Paragraph 2, (City), and the entity whose name, business form, place of business and telephone numbers are indicated on Exhibit A, Paragraphs 4 through 6, (Consultant), and is made with reference to the following facts: RECITALS WHEREAS, the City of Chula Vista participates in a Local Government Partnership (LGP) with San Diego Gas and Electric (SDGE) to promote energy efficiency in the the City of Chula Vista, and a portion of the LGP activities focus on Sustainable Communities; and WHEREAS, the City entered into an agreement with SDGE for the 2015 LGP funding cycle, with certain goals and objectives for its Sustainable Communities Program; and WHEREAS, due to a major code change and an increase in economic activity, staff proposes hiring a consultant to support the implementation of its SCP goals and objectives; and WHEREAS, the Center for Sustainable Energy responded to a Request for Proposals and was selected in 2014, for the purpose of assisting the City in implementing its Sustainable Communities Program (2013-14); and WHEREAS, due to CSE's unique qualifications and energy efficiency expertise, the City accomplished the following in 2014: held 15 trainings on various energy efficiency topics (trained over 200 attendees); provided one-on-one support for energy efficient design to staff and the development community, and developed educational tools such as energy code and green building code correction lists, checklists, and website updates (CVMC 2.56.070.B.4). Based on this experience, the Center for Sustainable Energy has been selected to continue assisting the City in its Sustainable Communities efforts for 2015; and WHEREAS, the cost for the proposed scope of work is approximately $185,000; and WHEREAS, the Agreement will not impact the City's General Fund, since these funds are an eligible expense under the Local Government Partnership and will be fully reimbursed; and WHEREAS, The Development Services Director has reviewed the proposed agreement for compliance with the California Environmental Quality Act (CEQA) and has determined that the project is exempt, pursuant to Section 15061(b)(3) of the State CEQA guidelines. The Page 1 2015-01-13 Agenda Packet Page 129 T implementation of the SCP, including education and training, Code coaching, inspections, pre- construction meetings, and updates to the Sustainability Center website, will not cause a significant environmental effect. Thus, no further environmental review is required; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] Page 2 2015-01-13 Agenda Packet Page 130 OBLIGATORY PROVISIONS PAGES NOW, THEREFORE, for valuable consideration the City and Consultant do hereby mutually agree as follows: All of the Recitals above are incorporated into this Agreement by this reference. ARTICLE 1. CONSULTANT'S OBLIGATIONS A. General 1. General Duties. Consultant shall perform all of the services described on Exhibit A, Paragraph 7 (General Duties). 2. Scope of Work and Schedule. In performing and delivering the General Duties, Consultant shall also perform the services, and deliver to City the "Deliverables" described in Exhibit A, Paragraph 8, entitled "Scope of Work and Schedule,'' according to, and within the time frames set forth in Exhibit A. Paragraph 8, time being of the essence of this agreement. The General Duties and the work and Deliverables required in the Scope of Work and Schedule shall be referred to as the "Defined Services." Failure to complete the Defined Services by the times indicated does not, except at the option of the City, terminate this Agreement. a. Reductions in Scope of lVork. City may independently, or upon request from Consultant, from time to time, reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. b. Additional Services. In addition to performing the Defined Services, City may require Consultant to perform additional consulting services related to the Defined Services (Additional Services), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis 'at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph IO(C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. 3. Standard of Care. The Consultant expressly warrants that the work to be performed pursuant to this Agreement, whether Defined Services or Additional Services, shall be performed in accordance with the standard of care ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. a. Alo Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. Page 3 2015-01-13 Agenda Packet Page 131 B. Application of Laws. Should a federal or state law pre-empt a local law, or regulation, the Consultant must comply with the federal or state law and implementing regulations. No provision of this Agreement requires the Consultant to observe or enforce compliance with any provision, perform any other act, or do any other thing in contravention of federal, state, territorial, or local law, regulation, or ordinance. If compliance with any provision of this Agreement violates or would require the Consultant to violate any law, the Consultant agrees to notify City immediately in writing. Should this occur, the City and the Consultant agree that they will make appropriate arrangements to proceed with or, if necessary, amend or terminate this Agreement, or portions of it, expeditiously. I. Subcontractors. Consultant agrees to take appropriate measures necessary to ensure that all participants "utilized by the Consultant to complete its obligations under this Agreement, such as subcontractors, comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local, affecting Project implementation. In addition, if a subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, the Consultant shall ensure that the subcontractor carries out the Consultant's responsibilities as set forth in this Agreement. C. Insurance 1. General. Consultant must procure and maintain, during the period of performance of this Agreement, and for twelve months after completion, policies of insurance from insurance companies to protect against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under this Agreement and the results of that work by the Consultant, his agents, representatives, employees or subcontractors, and provide documentation of same prior to commencement of work. 2. Minimum_Scope of Insurance. Coverage must be at least as broad as: a. CGL. Insurance Services Office Commercial General Liability coverage (occurrence Form CG0001). b.Auto. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). c.WC. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. d.E&O. Professional Liability or Errors & Omissions Liability insurance appropriate to the Consultant's profession. Architects' and Engineers' coverage is to be endorsed to include contractual liability. 3. Minimum Limits of Insurance. Consultant must maintain limits no less than those included in the table below: Page 4 2015-01-13 Agenda Packet Page 132 i. General Liability: $1.000,000 per occurrence for bodily injury, personal injury, (Including (including death), and property damage. If Commercial General operations, Liability insurance with a general aggregate limit is used, either products and the general aggregate limit must apply separately to this completed Project/location or the general aggregate limit must be twice the operations, as required occurrence limit. applicable) ii. Automobile $1,000,000 per accident for bodily injury, including death, and Liability: property damage. iii. Workers' Statutory Compensation $1,000,000 each accident Employer's $1,000,000 disease-policy limit Liabilitv: $1.000.000 disease-each employee iv. Professional $1,000_,000 each occurrence Liability or Errors & Omissions Liability: If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. 4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer will reduce or eliminate such deductibles or self-insured retentions as they pertain to the City, its officers, officials, employees and volunteers; or the Consultant will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. 5. Other Insurance Provisions. The general liability, automobile liability, and where appropriate, the worker's compensation policies are to contain, or be endorsed to contain, the following provisions: a. Additional Insureds. City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insureds with respect to all policies of insurance, including those with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Consultant, where applicable, and, with respect to liability arising out of work or operations performed by or on behalf of the Consultant, including providing materials, parts or equipment furnished in connection with such work or operations. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant's insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement must not exclude Products/Completed Operations coverage. Page 5 2015-01-13 Agenda Packet Page 133 4 b. Primary Insurance. The Consultant's General Liability insurance coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance of the Consultant and in no way relieves the Consultant from its responsibility to provide insurance. c. Cancellation. The insurance policies required by this Agreement shall not be canceled by either party, except after thirty days' prior written notice to the City by certified mail, return receipt requested. The words "will endeavor" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives" shall be deleted from all certificates. d. Waiver of Subrogation. Consultant's insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage for the term required by this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against the City. 6. Claims Forms. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are written on a claims-made form: a. Retro Date. The "Retro Date" must be shown, and must be before the date of the Agreement or the beginning of the work required by the Agreement. b. Maintenance and Evidence. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the work required by the Agreement. c. Cancellation. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a "Retro Date" prior to the effective date of the Agreement, the Consultant must purchase "extended reporting' coverage for a minimum of five years after completion of the work required by the Agreement. d. Copies. A copy of the claims reporting requirements must be submitted to the City for review. 7. Acceptability of Insurers. Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best's rating of no less than A X. Exception may be made for the State Compensation Fund when not specifically rated. 8. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by Section I.C. of this Agreement. Page 6 2015-01-13 Agenda Packet Page 134 The endorsements should be on insurance industry forms, provided those endorsements or policies conform to the requirements of this Agreement. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 9. Subcontractors. Consultant must include all subconsultants as insureds under its policies or furnish separate certificates and endorsements for each subconsultant. All coverage for subconsultants is subject to all of the requirements included in these specifications. 10. Not a Limitation of Other Obligations. Insurance provisions under this Article shall not be construed to limit the Consultant's obligations under this Agreement, including Indemnity. 1 1. Additional Coverage. To the extent that Insurance coverage exceeds the minimums identified in section 3, recovery shall not be limited to the insurance minimums, but shall instead extend to the actual policy limits. D. Security for Performance 1. Performance Bond. In the event that Exhibit A. at Paragraph 18, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond, in the amount indicated at Exhibit A, Paragraph 18, in the form prescribed by the City and by such sureties which are authorized to transact such business in the State of California, listed as approved by the United States Department of Treasury Circular 570, http://,;A,",xv.fms.treas.gov/c570, and whose underwriting limitation is sufficient to issue bonds in the amount required by the Agreement, and which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so required. Form must be satisfactory to the Risk Manager or City. 2. Letter of Credit. In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at its unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit," in Exhibit A, Paragraph 18. Page 7 2015-01-13 Agenda Packet Page 135 3. Other Security. In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. E. Business License. Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. ARTICLE I1. CITY OBLIGATIONS A. Consultation and Cooperation. City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule, and to provide direction and guidance to achieve the objectives of this Agreement. The City shall allow Consultant access to its office facilities, files and records, as deemed necessary and appropriate by the City, throughout the term of this Agreement. In addition, City agrees to provide the materials identified at Exhibit A, Paragraph 9, with the understanding that delay in the provision of those materials beyond thirty days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance. B. Compensation. 1. Following Receipt of Billing. Upon receipt of a properly prepared bill from Consultant, submitted to the City as indicated in Exhibit A, Paragraph 17, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 17, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 10, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in Paragraph 18 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 1 1. 2. Supporting Information. Any billing submitted by Consultant shall contain sufficient information as to the propriety of the billing, including properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature of the charges to the Project in order to permit the City to evaluate that the amount due and payable is proper, and such billing shall specifically contain the City's account number indicated on Exhibit A, Paragraph 17(C) to be charged upon making such payment. 3. Exclusions. In determining the amount of the compensation City will exclude any cost: 1) incurred prior to the effective date of this Agreement; or 2) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of the Consultant, its agents, employees, or subcontractors. Page 8 2015-01-13 Agenda Packet Page 136 a. Errors and Omissions. In the event that the City Administrator determines that the Consultant's negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing in this paragraph is intended to limit City's rights under other provisions of this Agreement. 4. Pavment Not Final Approval. The Consultant understands and agrees that payment to the Consultant for any Project cost does not constitute a City final decision about whether that cost is allowable and eligible for payment under the Project and does not constitute a waiver of any violation of Consultant of the terms of the Agreement. The Consultant acknowledges that City will not make a final determination about the eligibility of any cost until the final payment has been made on the Project or the results of an audit of the Project requested by the City has been completed, whichever occurs latest. If City determines that the Consultant is not entitled to receive any portion of the compensation due or paid, City will notify the Consultant in writing, stating its reasons. The Consultant agrees that Project closeout will not alter the Consultant's responsibility to return any funds due Citv as a result of later refunds, corrections, or other similar transactions; nor will Project closeout alter the right of City to disallow costs and recover funds provided for the Project on the basis of a later audit or other review. a. Consultant's Obligation to Pay. Upon notification to the Consultant that specific amounts are owed to City, whether for excess payments or disallowed costs, the Consultant agrees to remit to City promptly the amounts owed, including applicable interest. ARTICLE III. ETHICS A. Financial Interests of Consultant 1. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 14, as an "FPPC filer," Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 14 of Exhibit A, or if none are specified, then as determined by the City Attorney. 2. No Participation in Decision. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. 3. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently Page 9 2015-01-13 Agenda Packet Page 137 conducted a search and inventory of Consultant's economic interests, as the term is used in the 'regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this Agreement. 4. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. 5. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney if Consultant learns of an economic interest of Consultant's that may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. 6. Specific Warranties Against Economic Interests. Consultant warrants, represents and agrees that: a. Neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents (Consultant Associates) presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, (Prohibited Interest), other than as listed in Exhibit A, Paragraph 14. b. No promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for twelve months thereafter. c. Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for twelve months after the expiration of this Agreement, except with the written permission of City. d. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party that may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. IV. LIQUIDATED DAMAGES A. Application of Section. The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 13. Page 10 2015-01-13 Agenda Packet Page 138 I. Estimating Damages. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. 2. Amount of Penalty. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion' of the respective work assignment or Deliverable, the Consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 13 (Liquidated Damages Rate). 3. Request for Extension of Time. If the performance of any act required of Consultant is directly prevented or delayed by reason of strikes, lockouts, labor disputes, unusual governmental delays, acts of God, fire, floods, epidemics, freight embargoes, or other causes beyond the reasonable control of the Consultant, as determined by the City, Consultant shall be excused from performing that act for the period of time equal to the period of time of the prevention or delay. In the event Consultant claims the existence of such a delay, the Consultant shall notify the City's Contract Administrator, or designee, in writing of that fact within ten calendar days after the beginning of any such claimed delay. Extensions of time will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. ARTICLE V. INDEMNIFICATION A. Defense, Indemnity, and Hold Harmless. 1. General Requirement. To the maximum extent allowed by law, Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers, agents and employees, from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorney's fees and actual costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Defined Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or sole willful misconduct of the City, its officers, employees. 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 Consultant, its employees, agents or officers, or any third party. 2. Design Professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 2782.5, as may be amended from time to time, the defense and indemnity Page 11 2015-01-13 Agenda Packet Page 139 obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8. 3. Costs of Defense and Award. Included in the obligations in Sections A.I and A.2, above, is the Consultant's obligation to defend, at Consultant's own cost, expense and risk, any and all suits, actions or other legal proceedings, that may be brought or instituted against the City, its directors, officials, officers, employees, agents and/or volunteers, subject to the limitations in Sections A.1. and A.2. Subject to the limitations in Sections A.1. and A.2., Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents and/or volunteers, for any and all related legal expenses and costs incurred by each of them. 4. Insurance Proceeds. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents, and/or volunteers. 5. Declarations. Consultant's obligations under Article V shall not be limited by any prior or subsequent declaration by the Consultant. 6. Enforcement Costs. Consultant agrees to pay any and all costs City incurs enforcing the indemnity and defense provisions set forth in Article V. 7. Survival. Consultant's obligations under Article V shall survive the termination of this Agreement. 8, No Alteration of Other Obligations. This Article V, shall in no way alter, affect or modify any of the Consultant's other obligations and duties under this Agreement. ARTICLE VI. TERMINATION OF AGREEMENT A. Termination for Cause. If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the.option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation, in an amount not to exceed that payable under this Agreement and less any damages caused City by Consultant's breach, for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination. B. 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, Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and Page 12 2015-01-13 Agenda Packet Page 140 other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation, in an amount not to exceed that payable under this Agreement, for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth in this section. ARTICLE VII. RECORD RETENTION AND ACCESS A. Record Retention. During the course of the Project and for three (3) years following completion, the Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the Project as City may require. B. Access to Records of Consultant and Subcontractors. The Consultant agrees to permit. and require its subcontractors to permit City or its authorized representatives, upon request, to inspect all Project work, materials, payrolls, and other data, and to audit the books, records, and accounts of the Contractor and its subcontractors pertaining to the Project. C. Project Closeout. The Consultant agrees that Project closeout does not alter the reporting and record retention requirements of this Agreement. ARTICLE VIII. PROJECT COMPLETION, AUDIT, AND CLOSEOUT A. Project Completion. Within ninety (90) calendar days following Project completion or termination by City, Consultant agrees to submit a final certification of Project expenses and audit reports, as applicable. B. Audit of Consultants. Consultant agrees to perform financial and compliance audits the City may require. The Consultant also agrees to obtain any other audits required by City. Consultant agrees that Project closeout will not alter Consultant's audit responsibilities. Audit costs are allowable Project costs. C. Project Closeout. Project closeout occurs when City notifies the Consultant that City has closed the Project, and either forwards the final payment or acknowledges that the Consultant has remitted the proper refund. The Consultant agrees that Project closeout by City does not invalidate any continuing requirements imposed by the Agreement or any unmet requirements set forth in a written notification from City ARTICLE IX. MISCELLANEOUS PROVISIONS A. Assignability. The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or notation), without prior written consent of City. Page 13 2015-01-13 Agenda Packet Page 141 1. Limited Consent. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 16 to the subconsultants identified as "Permitted Subconsultants." B. Ownership, Publication, Reproduction and Use of Material. All reports, studies, information, data, statistics, Forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. C. Independent Contractor. City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, independent contractors and shall not be deemed to be employees of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard to them. 1. Actions on Behalf of City. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever, as an agent or otherwise. Consultant shall have no authority, express or implied, to bind City or its members, agents, or employees, to any obligation whatsoever, unless expressly provided in this Agreement. 2. No Obligations to Third Parties. In connection with the Project, Consultant agrees and shall require that its agents, employees, subcontractors agree that City shall not be responsible for any obligations or liabilities to any third party, including its agents, employees, subcontractors, or other person or entity that is not a party to this Agreement. Notwithstanding that City may have concurred in or approved any solicitation, subagreement, or third party contract at any tier, City shall have no obligation or liability to any person or entity not a party to this Agreement. D. Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement, against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth Page 14 2015-01-13 Agenda Packet Page 142 herein, and such policies and procedures used by City in the implementation of same. Upon request by City. Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. E. Administration of Contract. Each party designates the individuals (Contract Administrators) indicated on Exhibit A, Paragraph 12, as that party's contract administrator who is authorized by the party to represent it in the routine administration of this Agreement. F. Term. This Agreement shall terminate when the parties have complied with all executory provisions hereof. G. Statement of Costs. In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of. in the report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. H. Consultant is Real Estate Broker and/or Salesman. If the box on Exhibit A, Paragraph 15 is marked, the Consultant and/or its principals is/are licensed with the State of California or some other state as a real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor its principals are licensed real estate brokers or salespersons. I. Notices. 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. J. Integration. This Agreement, together with any other written document referred to or contemplated in it, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. 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. K. 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 necessary resolutions or other actions have been taken so as to enable it to enter into this Agreement. L. 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 thereto as possible. Venue for this Agreement, and performance under it, shall be the City of Chula Vista. Page 15 2015-01-13 Agenda Packet Page 143 (End of page. Next page is signature page.) Page 16 2015-01-13 Agenda Packet Page 144 Signature Page to Agreement between City of Chula Vista and Center for Sustainable Energy, To Provide Support in Implementing the City of Chula Vista's Sustainable Communities Program IN WITNESS WHEREOF. City and Consultant have executed this Agreement, indicating that they have read and understood same, and indicate their full and complete consent to its terms: City of Chula Vista By: Mary Casillas Salas, Mayor Attest: Donna Norris, City Cleric Approved as to form: Glen R. Googins, City Attorney Center for Sustainable E rgy en H ing, Ftxbm, US (ret) Execut ,e Direct r Exhibit List to Agreement: Exhibit A Page 17 2015-01-13 Agenda Packet Page 145 Exhibit A to Agreement between City of Chula Vista and Center for Sustainable Energy 1. Effective Date: The Agreement shall take effect upon full execution of the Agreement, as of the effective date stated on page I of the Agreement. 2. City-Related Entity: (x) City of Chula Vista, a municipal chartered corporation of the State of California O The Chula Vista Public Financing Authority, a ( ) The Chula Vista Industrial Development Authority, a { ) Other: , a [insert business form] (City) 3. Place of Business for City: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 4. Consultant: Center for Sustainable Energy 5. Business Form of Consultant: ( } Sole Proprietorship ( ) Partnership ( } Corporation 6. Place of Business, Telephone and Fax Number of Consultant: Center for Sustainable Energy 9325 Sky Park Court, Suite 100 San Diego, CA 92123 858-244-1177-- main 858-244-117$ - fax Page 18 2015-01-13 Agenda Packet Page 146 7. General Duties: CSE shall provide support in implementing the City of Chula Vista's Sustainable Communities Program, including energy efficiency-related education and training, code coaching, secondary inspections, pre-construction meetings, and updates to the Sustainability Center website. 8. Scope of Work and Schedule: A. Detailed Scope of Work: CSE shall perform the following tasks: Task Description Fifteen(15) Fifteen(15)Submittals,each to include: Workshop Series for DSD Staff Sign In Sheet, Presentation/Slides Tall. I and Development Community workshops)training (electronic), handouts,contacts/referrals events for SDGE core programs Code Coaching and Quarterly(4)Reports,copies of all tools Task 2 Sustainability Desk Staffing 1-2 Days per Week and resources developed,minutes/notes from all staff meetings Secondary Inspections for Task 3 Energy Code Compliance(Tide Eight(8)Inspections Eight(8)Inspection Reports 24,Part 6) Task 4 Pre-Construction Meetings Eight(8)Pre-con Eight(8),Meeting Summaries with (Title 24, Parts 6& 11) meetings resources/handouts attached Task 5 Updates to City Sustainability Monthly(12) Twelve(12) Updates- Electronic Format Center Website Updates Ongoing contract Task 6 Administrative Costs management and Quarterly(4)Invoices coordination B. Date for Commencement of Consultant Services: { } Same as Effective Date of Agreement { } Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable No. I.- Deliverable No. 2: Deliverable No. 3: D. Date for completion of all Consultant services: 9. Materials Required to be Supplied by City to Consultant: NIA Page 19 2015-01-13 Agenda Packet Page 147 10. Compensation: A. (x) Single Fixed Fee Arrangement. For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: $185,000, payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee (x) 1. Interim Quarterly Advances. The City shall make interim quarterly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans that must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Consultant shall have represented in writing that said percentage of completion of the phase has been performed by the Consultant. The practice of making interim quarterly advances shall not convert this agreement to a time and materials basis of payment. Task Subtotal Task 1 $ 72,000.00 Task 2 $ 72,000.00 Task 3 $12,000.00 Task 4 $ 9,600.00 Task 5 $ 2,400.00 Task 6 $ 17,000.00 TOTAL $ 185,000.00 Page 20 2015-01-13 Agenda Packet Page 148 B. { ) Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1. $ 2. $ 3. $ { ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans that must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 18 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Consultant shall have represented in writing that said percentage of completion of the phase has been performed by the Consultant. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. O Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule herein below according to the following terms and conditions: (1) ( ) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ including all Materials, and other"reimbursables" (Maximum Compensation). Page 21 2015-01-13 Agenda Packet Page 149 (2) O Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to $ (Authorization Limit), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. See Exhibit B for wage rates. { ) Hourly rates may increase by 6% for services rendered after [month], 20_, if delay in providing services is caused by City. 11. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (x) None, the compensation includes all costs. Cost or Rate ( } Reports, not to exceed $ $ ( } Copies, not to exceed $ $ ( } Travel, not to exceed $ $ O Printing, not to exceed $ $ O Postage, not to exceed $ $ O Delivery, not to exceed $ $ O Outside Services: $ O Other Actual Identifiable Direct Costs: $ not to exceed $ $ not to exceed $ $ 12. Contract Administrators: City: Janice Kluth, Senior Project Coordinator Consultant: Lindsey Hawes, Senior Manager 13. Liquidated Damages Rate: O $ per day. ( ) Other: 14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code (Chula Vista Municipal Code chapter 2.02): Page 22 2015-01-13 Agenda Packet Page 150 (x) Not Applicable. Not an FPPC Filer. O FPPC Filer ( ) Category No. 1. Investments. sources of income and business interests. ( ) Category No. 2. Interests in real property. O Category No. 3. Investments, business positions, interests in real property, and sources of income subject to the regulatory, permit or licensing authority of the department administering this Agreement. ( ) Category No. 4. Investments and business positions in business entities and sources of income that engage in land development, construction or the acquisition or sale of real property. ( ) Category No. 5. Investments and business positions in business entities and sources of income that, within the past two years, have contracted with the City of Chula Vista or the City's Redevelopment Agency to provide services, supplies, materials, machinery or equipment. O Category No. 6. Investments and business positions in business entities and sources of income that, within the past two years, have contracted with the department administering this Agreement to provide services, supplies, materials, machinery or equipment. O List Consultant Associates interests in real property within 2 radial miles of Project Property, if any: 15. ( } Consultant is Real Estate Broker and/or Salesman 16. Permitted Subconsultants: Zinner Consultants Brummitt Energy Associates Lynne Mitschke, Consultant 17. Bill Processing: Page 23 2015-01-13 Agenda Packet Page 151 A. Consultant's Billing to be submitted for the following period of time: ( ) Monthly (x) Quarterly ( ) Other: B. Day of the Period for submission of Consultant's Billing: O First of the Month ( ) 15th Day of each Month O End of the Month (x) Other: _First week of subsequent Quarter_ C. City's Account Number: 28577 18. Security for Performance O Performance Bond, $ O Letter of Credit, $ ( ) Other Security: Type: Amount: $ O Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following"Retention Percentage" or"Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: ( ) Retention Percentage: O Retention Amount: $ Retention Release Event: ( ) Completion of All Consultant Services ( ) Other: ( ) Other: The Retention Amount may be released on a monthly basis provided that Consultant has performed said monthly services to the sole satisfaction of the Assistant City Manager/Director of Development Services or his designee. Page 24 2015-01-13 Agenda Packet Page 152 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A $185,000 AGREEMENT BETWEEN THE CITY AND THE CENTER FOR SUSTAINABLE ENERGY (CSE) FOR SUPPORT IN IMPLEMENTING THE CITY OF CHULA VISTA'S SUSTAINABLE COMMUNITIES PROGRAM WHEREAS, the City of Chula Vista participates in a Local Government Partnership (LGP) with San Diego Gas and Electric (SDGE) to promote energy efficiency in the the City of Chula Vista, and a portion of the LGP activities focus on Sustainable Communities; and WHEREAS, the City entered into an agreement with SDGE for the 2015 LGP funding cycle,with certain goals and objectives for its Sustainable Communities Program; and WHEREAS, due to a major code change and an increase in economic activity, staff proposes hiring a consultant to support the implementation of its SCP goals and objectives; and WHEREAS, the Center for Sustainable Energy (CSE)responded to a Request for Proposals and was selected in 2014, for the purpose of assisting the City in implementing its Sustainable Communities Program (2013-14); and WHEREAS, due to CSE's unique qualifications and energy efficiency expertise, the City accomplished the following in 2014: held 15 trainings on various energy efficiency topics (trained over 200 attendees),provided one-on-one support for energy efficient design to staff and the development community, and developed educational tools such as energy code and green building code correction lists, checklists, and website updates . Based on this unique experience, resulting in the City's interests being materially better served by continuing its partnership with CSE,within the meaning of Chula Vista Municipal Code section 2.56.070(B)(3) and (4), the Center for Sustainable Energy has been selected to continue assisting the City in its Sustainable Communities efforts for 2015; and WHEREAS, the cost for the proposed scope of work is approximately $185,000; and WHEREAS, the Agreement will not impact the City's General Fund, since these funds are an eligible expense under the Local Government Partnership and will be fully reimbursed; and WHEREAS, the Development Services Director has reviewed the proposed agreement for compliance with the California Environmental Quality Act (CEQA) and has determined that the project is exempt, pursuant to Section 15061(b)(3) of the State CEQA guidelines. The implementation of the SCP, including education and training, Code coaching, inspections, pre- construction meetings, and updates to the Sustainability Center website, will not cause a significant environmental effect. Thus,no further environmental review is required; and C:\Users\GRANIC—l\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL @6405D876\@BCL @6405D876.doc 2015-01-13 Agenda Packet Page 153 Resolution No. Page 2 WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it finds the recitals, as stated above, true and correct, approves the Resolution of the City Council of the City of Chula Vista approving the agreement between the City and the Center for Sustainable Energy (CSE) for support in implementing the City of Chula Vista's Sustainable Communities Program (SCP), in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the Mayor or her designee to execute same. Presented by Approved as to form by Kelly G. Broughton Glen R. Googins Director of Development Services City Attorney 2015-01-13 Agenda Packet Page 154 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0625, Item#: 11. CONSIDERATION OF AMENDMENTS TO CHULA VISTA MUNICIPAL CODE CHAPTER 19.09 (GROWTH MANAGEMENT), AND APPROVAL OF THE GROWTH MANAGEMENT PROGRAM IMPLEMENTATION MANUAL AND THE GROWTH MANAGEMENT PROGRAM DOCUMENT A. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO CHULA VISTA MUNICIPAL CODE CHAPTER 19.09 (GROWTH MANAGEMENT) (FIRST READING) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GROWTH MANAGEMENT PROGRAM IMPLEMENTATION MANUAL TO REPLACE THE THRESHOLD STANDARDS AND GROWTH MANAGEMENT OVERSIGHT COMMITTEE POLICY, AND THE GROWTH MANAGEMENT PROGRAM DOCUMENT RECOMMENDED ACTION Council hear public testimony, provide comments, and continue the item to January 27, 2015. SUMMARY The City Council adopted the Threshold Standards and Growth Management Oversight Committee Policy ("Policy") in 1987 and the Growth Management Program document and "Growth Management" ordinance in 1991 , establishing Chula Vista's Growth Management Program. During the last high growth period in the early 2000's, questions arose as to whether our Growth Management Program provisions, largely developed almost 20 years prior, were still appropriate and effective. Council subsequently directed that a "top-to-bottom" review be conducted. The proposed updated "Growth Management" ordinance and Growth Management Program Implementation Manual are the outcome of that effort. Chula Vista experienced a growth boom that began in 1999 and continued through 2005. During that time period, the City Council requested that a comprehensive review of the "Growth Management" ordinance (Chapter 19.09 of the Chula Vista Municipal Code) and threshold standards for eleven city services or topics be conducted to make certain that they worked "in today's world." Therefore, staff undertook the process of comprehensively reviewing the city's Growth Management Program from "top-to-bottom," and hired a consultant (Economic & Planning Systems) to help work on an initial review of the Growth Management Program, which resulted in a white paper with observations and suggestions that was presented to Council in 2004. (This was in conjunction with the General Plan Update that was occurring at that time.) Council accepted the white paper and authorized a work program for undertaking a top-to-bottom review, and the preparation of resultant revisions to the city's Growth Management Program provisions. Some of the key policy questions in the white paper included: ■ Should threshold standards be revised to recognize the emerging urban policy objectives within Western Chula Vista (Urban Core) versus the suburban development focus of the City of Chula Vista Page 1 of 11 Printed on 1/8/2015 2015-01-13 Agenda Packet powered by Le9age 155 File#: 14-0625, Item#: 11. existing threshold standards? • Should threshold standards be updated to reflect new service delivery, measurement techniques, and review of their overall utility? Candidate updates included traffic modeling techniques and congestion monitoring methods, and fire and police service standards. • Should the city establish criteria and techniques that allow additional control of development activity, including requirements above and beyond the current focus on tentative maps? This included introducing building permit-based controls into the threshold standards, and considering whether to add the prospective use of annual development metering tools. • Should regional and intergovernmental cooperation efforts be improved? A specific example was formalization of increased cooperation with the school districts to assure that their respective school construction programs would be as timely as possible. With input from the consultant, all city departments, stakeholders and a series of GMOC commissioners (various GMOC annual reports since 2005 have recommended changes to the "Growth Management" ordinance and threshold standards), staff drafted proposed changes to the current "Growth Management" ordinance, which revises some of the threshold standards and adds or modifies some of the goals, objectives and implementation measures currently outlined in the Policy. Other proposed changes to the ordinance are discussed below, along with a discussion on the Growth Management Program Implementation Manual proposed to replace the existing Threshold Standards and Growth Management Oversight Committee Policy and Growth Management Program document. A meeting was held with stakeholders, including members of civic organizations and the development community, to seek input on the documents prepared. As a result, some changes were made and are discussed where applicable. ENVIRONMENTAL REVIEW The Development Services Director 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 required. BOARD/COMMISSION RECOMMENDATION At their November 12, 2014 meeting, the Planning Commission recommended that the City Council adopt an ordinance approving amendments to the "Growth Management" ordinance (5-0-0-2) and adopt a resolution adopting the Growth Management Program Implementation Manual (5-0-0-2). DISCUSSION Overview of Main Aspects of Revised Growth Management Documents City of Chula Vista Page 2 of 11 Printed on 1/8/2015 2015-01-13 Agenda Packet powered by Leg age 156 File#: 14-0625, Item#: 11. 1. New Growth Management Program Implementation Manual (see Attachment 1) Currently, there is not a single document that brings together all of the Growth Management Program components and processes into one integrated reference resource. The Growth Management Program document from 1991 has been outdated for several years, and primarily consists of initial facility and service status evaluations, similar to the ongoing evaluations that are done every year in the GMOC annual report. The document does not include information on programs such as Development Impact Fees (DIFs), which were developed after 1991 , or an evolution of growth management considerations in the development process. The 1987 Threshold Standards and Growth Management Oversight Committee Policy stipulates the GMOC's and the city's growth management responsibilities, in addition to establishing the threshold standards and all of their components. The fundamental purpose of the Growth Management Program Implementation Manual is to combine relevant information from both of these documents and create the reference resource that is missing from the Growth Management Program. The Growth Management Program Implementation Manual: ■ Explains the structure and organization of the Growth Management Program; ■ Outlines development review processes, standards and requirements as they relate to growth management; ■ Addresses the role of Facility Master Plans; ■ Explains financing programs; ■ Outlines implementation measures (such as issuing a "Statement of Concern" or considering a moratorium) ■ Includes content guides/requirements for Air Quality Improvement Plans, Water Conservation Plans and Public Facilities Finance Plans in its appendices. 2. Changes to the "Growth Management" Ordinance (Chapter 19.09 of the Chula Vista Municipal Code (CVMC)) (see Attachments 2 & 3) The primary revisions to the "Growth Management" ordinance are listed below: • Inserted the threshold standards' goals, objectives and implementation measures that are currently part of the Threshold Standards and Growth Management Oversight Committee Policy document. Significant changes were made to the goals for Traffic and Fiscal; less significant changes were made to the goals for Schools, Sewer and Water. • Implementation measures updated, for all of the threshold standards. • Added references to Facility Master Plans in threshold standards for Fire and Emergency Services, Parks and Recreation, Libraries and Schools. • Made "Statement of Concern" available for any threshold standard, except Fiscal and Parks and Recreation, which have other implementation measures more appropriate for those topics. • Established applicable moratorium considerations to building permit level instead of tentative maps. City of Chula Vista Page 3 of 11 Printed on 1/8/2015 2015-01-13 Agenda Packet powered by Leg age 157 File#: 14-0625, Item#: 11. • Moved detailed PFFP content requirements to the appendices section of the Growth Management Program's Implementation Manual. • Refreshed and updated policy statements, findings and definitions to reflect current context. • Updated threshold standards to reflect contemporary considerations, as further described below. The following is an overview of the specific changes to each of the threshold standards: Police-Priority 2 The Police-Priority 2 threshold standard has been out of compliance for 16 consecutive years. The GMOC's 2010 Annual Report reviewed the history of non-compliance and concluded that a change was appropriate. The current Priority 2 threshold standard requires that 57 percent of the Priority 2 calls be responded to within 7 minutes and that an average response time to all Priority 2 calls of 7.5 minutes or less be maintained. As part of the top-to-bottom process, the Police Department conducted research on the origins of the city's Priority 2 threshold standard and the standards of other police agencies both in California and nationally. They discovered that the current threshold's response times may be a poor reflection of the actual real-world time for two reasons: 1) a "normalization" calculation currently applied is not appropriate; and 2) the reporting method is not consistent with industry standards. For example, the Chula Vista and San Diego police departments are the only police departments in San Diego County that calculate their response times on "route to arrive," which is the time from when the call is routed from the call-taker to the dispatcher who dispatches an officer to the call, until the time an officer arrives on scene. The other police departments in the County calculate their response time averages by "received to arrive," which is the time from when the call is initially received to when the officer arrives on scene. Consequently, those response times are longer, and average between 12 and 13 minutes. Based on this information, and in an effort to be more consistent industry-wide, the proposed Police- Priority 2 threshold standard as proposed is: Priority 2 Urgent Calls*. Properly equipped and staffed police units shall respond to all Priority 2 calls within 12 minutes or less (measured annually). *Priority 2 - Urgent Calls are misdemeanors in progress;possibility of injury; serious non-routine calls (domestic violence or other disturbances with potential for violence); burglar alarms. Response: Immediate response by one or more officers from clear units or those on interruptible activities (traffic, field interviews, etc.). Police-Priority 1 The current threshold standard requires properly equipped and staffed police units to respond to 81 City of Chula Vista Page 4 of 11 Printed on 1/8/2015 istar 2015-01-13 Agenda Packet powered by Leg age 158 File#: 14-0625, Item#: 11. percent of Priority 1 calls within 7 minutes and maintain an average response time to all Priority 1 calls of 5.5 minutes or less. Based on the discussion above regarding using the industry standard "Received to Arrive", the proposed Police-Priority 1 threshold standard reflects that change, and is proposed as follows: Priority 1-Emergency Calls*. Properly equipped and staffed police units shall respond to at least 81% of Priority 1 calls throughout the city within 7 minutes 30 seconds and shall maintain an average response time of 6 minutes or less for all Priority 1 calls (measured annually) *Priority 1-Emergency Calls are life-threatening calls; felony in progress;probability of injury (crime or accident); robbery or panic alarms; urgent cover calls from officers. Air Quality The Air Quality threshold standard, as currently written, does not incorporate a quantifiable benchmark or mechanism to measure whether or not specific growth management goals are being met. Also, reporting on air quality conditions is done on a subregional basis, and is influenced by factors outside of the City's control. The Air Quality Annual Report required by the threshold standard is more of an informational report to provide updates on Chula Vista's involvement with air quality issues. The GMOC's 2009 Annual Report brought up this issue, noting that it is "difficult to determine whether or not compliance is maintained." The GMOC also noted that because greenhouse gas emissions are influenced by a variety of environmental issues, such as water use, energy consumption, transportation levels and solid waste disposal, a more specific greenhouse gas emissions standard could be especially useful for assessing cumulative growth impacts. A new quantitative standard would also allow City staff to more effectively identify actions and resources to address related air quality compliance concerns. This would also better align with the City's other Climate Action Planning efforts. The report recommended that the threshold standard should be revised to include incremental, quantitative benchmarks, such as including a benchmark to attain a 20% decrease in greenhouse gas emissions per capita, compared to the Climate Protection Program's 1990 emissions inventory. And since Chula Vista has been actively implementing the council-adopted Climate Control Program since 2008, combining "climate protection" with the Air Quality threshold standard made sense. The proposed Air Quality and Climate Protection threshold standard, below, establishes a quantifiable benchmark that factors in greenhouse gas emissions: The city shall pursue a greenhouse gas emissions reduction target consistent with appropriate city climate change and energy efficiency regulations in effect at the time of project application for SPA plans or for the following, subject to the discretion of the Development Services Director: 1. Residential projects of 50 or more residential dwelling units or greater, or 2. Commercial projects of 12 or more acres (or equivalent square footage), or 3. Industrial projects of 24 or more acres (or equivalent square footage), or 4. Mixed use projects of 50 equivalent dwelling units or greater. City of Chula Vista Page 5 of 11 Printed on 1/8/2015 2015-01-13 Agenda Packet Page 159 File#: 14-0625, Item#: 11. The existing threshold measure, which requires an annual report and distributing it to the Air Pollution Control District (APCD), becomes an Implementation Measure. A previous draft of this threshold standard did not include the language "for SPA plans" or "subject to the discretion of the Development Services Director". This was added after input from the stakeholder meeting to ensure that subsequent SPA implementing projects would not be required to meet additional standards other than those prescribed in the Air Quality Improvement Plan (AQIP) Guidelines. Fiscal Similar to Air Quality, the current Fiscal threshold standard does not incorporate quantifiable benchmarks or mechanisms to measure whether or not specific growth management goals are being met. Therefore, the following two new threshold standards are proposed: 1. Fiscal Impact Analyses and Public Facilities Finance Plans, at the time they are adopted, shall ensure that new development offsets the cost of development. 2. The city shall establish and maintain, at sufficient levels to ensure the timely delivery of infrastructure and services needed to support growth consistent with the threshold standards, development impact fee, capital improvement funding, and other necessary funding programs or mechanisms. The existing threshold standard provisions, which require that the GMOC be provided with an annual fiscal impact report and a development impact fee report, become implementation measures. The Growth Management Implementation Manual states that Fiscal Impact Analyses are required "with all SPA Plans and TMs, and for the following, subject to the discretion of the Development Services Director: development proposals of 50 dwelling units or more, and commercial or industrial projects with 50 equivalent dwelling units (EDUs) or greater." As a result of the stakeholder's meeting, the language "subject to the discretion of the Development Services Director" was added to ensure that subsequent SPA implementing projects would not be required. Traffic There are currently two threshold standards for Traffic. The first one is for citywide maintenance of level-of-service (LOS) "C" on identified arterial and major roadway corridors. The second one has been outdated for many years and is specific to certain intersections "West of Interstate 805" that were not meeting the threshold when it was adopted (1991), stating that signalized intersections that do not meet the first threshold standard may continue to operate at their current LOS, but not worsen. The proposed changes to the threshold standards follow up and incorporate provisions of the 2005 General Plan Update (GPU). The focus of the first threshold standard continues to be "arterial level- of-service" (ALOS), while the second threshold standard addresses "urban level-of-service" (ULOS), which the GPU allows to have a lesser vehicular LOS on a select set of arterial roadway segments, primarily within the city's Urban Core area, as identified therein. The intent is to slow automobile traffic in favor of promoting pedestrian activity, bicycles and transit. City of Chula Vista Page 6 of 11 Printed on 1/8/2015 2015-01-13 Agenda Packet Page 160 File#: 14-0625, Item#: 11. The two threshold standards proposed are below: 1. Arterial Level of Service (ALOS) for Non-Urban Streets: Those Traffic Monitoring Program (TMP) roadway segments classified as other than Urban Streets in the "Land Use and Transportation Element" of the city's General Plan shall maintain LOS "C" or better as measured by observed average travel speed on those segments, except that during peak hours, LOS `D"can occur for no more than two hours of the day. 2. Urban Street Level of Service (ULOS): Those TMP roadway segments classified as Urban Streets in the "Land Use and Transportation"Element of the city's General Plan shall maintain LOS "D" or better, as measured by observed or predicted average travel speed, except that during peak hours, LOS "E"can occur for no more than two hours per day. At the stakeholder's meeting, there was discussion about S13743, which requires the governor of California to amend CEQA to provide an alternative to LOS for evaluating transit impacts. Since those amendments have not yet been made, it would be premature to amend the Traffic threshold standards by substituting LOS with other methodology. After the CEQA amendments have been made, however, the proposed Traffic threshold standards may be amended. Parks and Recreation The GMOC's 2009 Annual Report recommended that the existing threshold standard for Parks and Recreation be changed to apply citywide. The existing threshold standard specifies that three acres of neighborhood and community parkland with appropriate facilities shall be provided per 1,000 residents east of Interstate 805. However, as development in western Chula Vista occurs, population growth will require additional park and recreation facilities in that area as well. In fact, the City's Parkland Development Ordinance (PDO) already applies citywide, and all new development is required to contribute to provision of parkland at the rate of three acres/1000 new residents created by that development. Revising the threshold standard will make it consistent with the PDO. Therefore, the following threshold standard is proposed: 1 . Three acres of public parkland, with appropriate facilities, shall be provided per 1,000 residents for new development, citywide. The 2009 report also recommended a second threshold standard: That park demand created by new development west of Interstate 805 shall be met by new park facilities in Chula Vista west of Interstate 805. This was in recognition of the fact that much of western Chula Vista was historically developed absent contemporary parks standards, making it all the more important that new development in the area provide for parks in the area. At this time, however, staff is not recommending that a second threshold standard be adopted, but rather that it be considered in conjunction with forthcoming actions on the city's parks master plan and Parkland Acquisition and Development (PAD) fee structure. The threshold standard would be inconsistent with a potential citywide combined park development impact fee, where projects could be prioritized throughout the system. Libraries City of Chula Vista Page 7 of 11 Printed on 1/8/2015 2015-01-13 Agenda Packet powered by Leg age 161 File#: 14-0625, Item#: 11. The existing threshold for libraries requires construction of 60,000 gross square feet (GSF) of additional library space, over the June 30, 2000 GSF total, in the area east of Interstate 805 by build- out, phased such that that the citywide ratio of 500 GSF per 1 ,000 population will be maintained. The library facilities are to be adequately equipped and staffed. The city has been unable to maintain the ratio of 500 GSF per 1 ,000 population for the past ten years and is not expected to achieve compliance with the threshold standard for several more. However, the standard of 500 GSF per 1 ,000 population is a commonly used standard throughout the country, which was confirmed by the consultant who worked on the library facility master plan. Therefore, the proposed threshold standard does not change the existing ratio, but eliminates the section regarding construction of new facilities because that is a statement of an end result, not a threshold standard. The proposed threshold standard is: The city shall not fall below the city-wide ratio of 500 gross square feet (GSF) of library space, adequately equipped and staffed, per 1,000 population. Fire and Emergency Services The proposed changes to the threshold standard for Fire and Emergency Services are minor, simply adding the words "at least" before "80 percent", and clarifying how response time is measured: Emergency Response: Properly equipped and staffed fire and medical units shall respond to calls throughout the city within 7 minutes in at least 80 percent of the cases (measured annually). Notes: For growth management purposes, response time includes dispatch, turnout and travel time to the building or site address. Drainage There are two threshold standards for Drainage, and the first one currently specifies complying with the subdivision manual. The proposed threshold standard states: 1. Storm water flows and volumes shall not exceed city engineering standards and shall comply with current local, state and federal regulations, as may be amended from time to time. The words "with respect to the impacts of new development" have been added to the second threshold standard to make the focus clearer: 2. The GMOC shall annually review the performance of the city's storm drain system, with respect to the impacts of new development, to determine its ability to meet the goal and objective for drainage. Schools Minor modifications are proposed to the Schools threshold standard. The names of the school districts are now spelled out, and "5-year" forecast replaces the words "12 to 18-month" forecast because the existing language is outdated. The following threshold standard is proposed: City of Chula Vista Page 8 of 11 Printed on 1/8/2015 2015-01-13 Agenda Packet powered by Leg age 162 File#: 14-0625, Item#: 11. The city shall annually provide the Chula Vista Elementary School District (CVESD) and the Sweetwater Union High School District (SUHSD) with the city's annual 5-year residential forecast and request an evaluation of their ability to accommodate forecasted growth, both citywide and by subarea. Replies from the school districts should address the following: 1. Amount of current classroom and "essential facility"capacity now used or committed; 2. Ability to absorb forecasted growth in affected facilities and identification of what facilities need to be upgraded or added over the next five years, 3. Evaluation of funding and site availability for projected new facilities identified; and 4. Other relevant information the school district(s) desire(s) to communicate to the city and the Growth Management Oversight Commission (GMOC). Water There are two threshold standards for Water, and the first one requires a service availability letter from the water district for each project. To make the threshold standard clearer, the sentence "Adequate water supply must be available to serve new development" has been added to the beginning of it: 1. Adequate water supply shall be available to serve new development. Therefore, developers shall provide the city with a service availability letter from the appropriate water district for each project. The wording in the second threshold standard has been changed slightly, and refers to the growth forecast as a "5-year residential growth forecast, rather than a "12- to18-month development forecast" because the existing language is outdated. The following threshold standard is proposed: 2. The city shall annually provide the San Diego County Water Authority, the Sweetwater Authority, and the Otay Municipal Water District with the city's annual 5-year residential growth forecast and request that they provide an evaluation of their ability to accommodate forecasted growth. Replies should address the following: a. Water availability to the city and planning area, considering both short- and long-term perspectives, b. Identify current and projected demand, and the amount of current capacity, including storage capacity, now used or committed; c. Ability of current and projected facilities to absorb forecasted growth, d. Evaluation of funding and site availability for projected new facilities, e. Other relevant information the district(s) desire(s) to communicate to the city and Growth Management Oversight Commission (GMOC). Sewer There are two threshold standards for Sewer, and the words "existing and projected facility" and "current system and budgeted improvements" have been added to the first one to make it clearer. The proposed threshold standard states: City of Chula Vista Page 9 of 11 Printed on 1/8/2015 2015-01-13 Agenda Packet powered by Leg age 163 File#: 14-0625, Item#: 11. 1. Existing and projected facility sewage flows and volumes shall not exceed city engineering standards for the current system and for budgeted improvements, as set forth in the Subdivision Manual. The second threshold standard has been amended to include the possibility of wastewater treatment sources other than the San Diego Metropolitan Wastewater Authority and reads as follows.. 2. The city shall annually ensure adequate contracted capacity in the San Diego Metropolitan Sewer Authority or other means sufficient to meet the projected needs of development. 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. Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. Updates to the Growth Management Program maintain the threshold standards that support the Strategic Plan's major goals, including the Fiscal threshold standard, which supports the Economic Vitality goal, "encouraging policies, planning, infrastructure, and services that are fundamental to an economically strong, vibrant city." The Air Quality, Libraries and Parks and Recreation threshold standards support the Healthy Communities goal, promoting "an environment that fosters health and wellness and providing parks, open spaces, outdoor experiences, libraries and recreational opportunities that residents can enjoy." And the Police, Fire and Emergency Services, Traffic, Sewer and Drainage threshold standards support the Strong and Secure Neighborhoods goal, ensuring "a sustainable and well-maintained infrastructure to provide safe and appealing communities to live, work and play" and maintaining "a responsive Emergency Management Program." CURRENT YEAR FISCAL IMPACT Staff costs associated with the preparation of the proposed documents are covered within the adopted budgets of the various participating City departments. Adoption of the updated documents will not directly result in fiscal impacts. ONGOING FISCAL IMPACT City Departments' monitoring efforts needed to report annual compliance with any revised threshold standards will continue as they have in prior years. Actual field measured conditions will now simply be reported in relation to the revised standards. Staff costs associated with these monitoring efforts will continue to be included for Council consideration as part of each involved department's annual City budget adoption process. General Fund support for these efforts will continue to be offset by City of Chula Vista Page 10 of 11 Printed on 1/8/2015 2015-01-13 Agenda Packet Page 164 File#: 14-0625, Item#: 11. development fees, to the extent legally permissible. Any new project level requirements will be implemented through the development review process, which is funded by development processing fees. The fiscal impacts from the new standards will also be evaluated through the City's fiscal impact analysis process for future new development. These project specific analyses will continue to be funded by private development. While the anticipated fiscal impact of each project will be presented to the City Council in conjunction with the project approval process, actual fiscal impacts will vary based upon regional economic factors and local legislative actions. As such, the ongoing ability of the City to meet the threshold standards may vary, and cannot be directly attributed to new development. ATTACHMENTS 1 . Draft Growth Management Program Implementation Manual and Appendices A-C 2. Draft "Growth Management" Ordinance (CVMC 19.09) - Strike-out Underline Version 3. Draft "Growth Management" Ordinance (CVMC 19.09) - Accepted Edits Version Staff Contact: Kimberly Vander Bie, Associate Planner, Advance Planning, Development Services Department City of Chula Vista Page 11 of 11 Printed on 1/8/2015 2015-01-13 Agenda Packet powered by Leg age 165 aiY OF CHULA VISTA CITY OF CHULA VISTA GROWTH MANAGEMENT PROGRAM IMPLEMENTATION MANUAL .JANUARY 2015 2015-01-13 Agenda Packet Page 166 CITY OF CHULA VISTA, CALIFORNIA GROWTH MANAGEMENT PROGRAM IMPLEMENTATION MANUAL CITY COUNCIL Mayor Mary Casillas Salas Patricia Aguilar Pamela Bensoussan John cCann ir CITY STAFF Kimberly Vander Bie —Associate Planner Ed Batchelder— Planning Manager 06 CONSULTANT ECONOMIC& PLANNING SYSTEMS 2295 GATEWAY OAKS DRIVE, SUITE 250 SACRAMENTO, CA 95833 ADOPTED JANUARY 13, 2015 RESOLUTION NO. 2 2015-01-13 Agenda Packet Page 167 TABLE OF CONTENTS PAGE No. I. INTRODUCTION 5-6 II. BACKGROUND 6-7 III. SUMMARY OF GROWTH MANAGEMENT PROGRAM 7-10 IV. COMPONENTS OF THE GROWTH MANAGEMENT PROGRAM 10-31 A. GROWTH MANAGEMENT PROGRAM DOCUMENTS 10-23 1. THRESHOLD STANDARDS AND GROWTH MANAGEMENT OVERSIGHT COMMISSION POLICY 12-13 2. "CONTROLLED RESIDENTIAL DEVELOPMENT" (AKA"CUMMINGS INITIATIVE") (CHAPTER 19.80 OF CHULA VISTA MUNICIPAL CODE) 13 3. GROWTH MANAGEMENT ELEMENT OF CHULA VISTAS GENERAL PLAN 13-14 4. "PUBLIC FACILITIES AND SERVICES ELEMENT"OF CHULA VISTA'S GENERAL PLAN 14 5. GROWTH MANAGEMENT PROGRAM 14-15 6. "GROWTH MANAGEMENT OVERSIGHT COMMISSION (GMOC)" ORDINANCE 15 (CHAPTER 2.40 OF THE CHULA VISTA MUNICIPAL CODE) 7. "GROWTH MANAGEMENT"ORDINANCE 15-18 (CHAPTER 19.09 OF THE CHULA VISTA MUNICIPAL CODE) 8. "GENERAL RULES FOR BOARDS AND COMMISSIONS" ORDINANCE 18 (CHAPTER 2.25 OF THE CHULA VISTA MUNICIPAL CODE) 9. GROWTH MANAGEMENT OVERSIGHTCOMMISSION's(GMOC'S)ANNUAL REPORT 18 10. ANNUAL RESIDENTIAL GROWTH FORECAST AND AGENCY RESPONSES 19 11. FACILITY MASTER PLANS 19-20 12. AIR QUALITY IMPROVEMENT PLANS 20 13. WATER CONSERVATION PLANS 20 14. PUBLIC FACILITY FINANCE PLANS 20-21 15. FISCAL IMPACT FEES 21 16. GROWTH MANAGEMENT PROGRAM IMPLEMENTATION MANUAL 21-22 B. GROWTH MANAGEMENT-RELATED REGULATORY PROGRAMS 21-31 1. GROWTH MANAGEMENT OVERSIGHT COMMISSION (GMOC) 23-24 2. DEVELOPMENT IMPACT FEES 2-25 3. CAPITAL IMPROVEMENT PROGRAM 26 4. COMMUNITY FACILITIES DISTRICTS,ASSESSMENT DISTRICTS AND BONDS 26 5. INTERGOVERNMENTAL AGREEMENTS 27-28 3 2015-01-13 Agenda Packet Page 168 PAGE No. 6. DEVELOPMENT REVIEW PROCESS 28-29 7. ENVIRONMENTAL ANALYSIS 29 8. DEVELOPMENT AGREEMENT 30 9. TRAFFIC MONITORING PROGRAM 30 10. BUILDING PERMIT MORATORIUM 30-31 V. ADMINISTERING THE GROWTH MANAGEMENT PROGRAM 31-34 A. CITY STAFF RESPONSIBILITIES 31 B. GROWTH MANAGEMENT OVERSIGHT COMMISSION RESPONSIBILITIES 32 C. PLANNING COMMISSION AND CITY COUNCIL RESPONSIBILITIES 33-34 LIST OF TABLES TABLE 1-GROWTH MANAGEMENT PROGRAM DOCUMENTS ? 11-13 TABLE 2-SUMMARY OF THRESHOLD STANDARDS 17-18 TABLE 3-GROWTH MANAGEMENT-RELATED REGULATORY PROGRAMS 22-23 TABLE 4-THREE-TIERED DEVELOPMENT REVIEW PROCESS 29 LIST OF FIGURES FIGURE 1-GROWTH MANAGEMENT PROGRAM PROCESS 8 ',"' . FIGURE 2- IMPLEMENTATION ROLES AND RESPONSIBILITIES 33 APPENDICES APPEND - I ALITY I PROVEMENT PLAN GUIDELINES APPENDIX B-W TER CONSERVATION PLAN GUIDELINES APPENDIX EQUIREMENTS FOR PREPARATION, REVIEW AND IMPLEMENTATION OF PUBLIC FACILITY FINANCE PLANS 4 2015-01-13 Agenda Packet Page 169 I. Introduction The purpose of the Growth Management Program Implementation Manual(Manual) is to provide direction for implementing the city of Chula Vista's Growth Management Program, outlined in the"Growth Management Element" of the city's General Plan and in its"Growth Management" ordinance (Chapter 19.09 of the Chula Vista Municipal Code(CVMC)). The Manual sets out the procedures and requirements for how the Growth Management Program is administered, including how growth management policies integrate with other aspects of development regulation, finance, and municipal operations. The multi-faceted Growth Management Program is comprised of and executed through several documents and related regulatory programs, and includes a systematic application of land use regulations and policies, facility and service threshold standards, environmental review, financing mechanisms, and monitoring and enforcement functions. All are designed to ensure that development occurs only when necessary public facilities and services are provided to meet the demands of new development, so that quality of life in Chula Vista can be maintained or enhanced. The city's Growth Management Oversight Commission (GMOC) annually measures the city's quality of life by measuring the effects of growth against established performance threshold standards that reflect desired levels of services for eleven issues, and evaluates the city's ability to meet quality of life objectives at the build- out of its General Plan. While the focus is on the effects of new development, other factors not entirely related to new development can influence threshold compliance and/or quality of life. For instance, response times for Police and Fire/EMS encompass all calls for service citywide, not just those related to new development, and thereby may be impacted by circumstances unrelated to growth. In addition to the GMOC, other city boards and commissions or city departments may take the lead in addressing issues related to the city's quality of life. For example, the Police Department annually provides response time data to the Public Safety Subcommittee and the Chief's Advisory Committee, the Board of Library Trustees and the Parks and Recreation Commission advise on subjects such as facilities and master plans, and the Resource Conservation Commission makes recommendations on topics such as climate change and energy efficiency. The eleven quality of life issues that are measured annually by the GMOC have been integrated into the day-to-day workings of city business and that of involved agencies for the 25-plus years since growth management was instituted. Preservation of quality of life lies at the heart of the city's Growth Management Program and, as Chula Vista continues to grow, it will remain a vital component of the growth management process. In essence,the Growth Management Program has three primary objectives in managing quality of life: • To assure the concurrency of new infrastructure and public service delivery capacity to maintain or improve levels of public service for the residents and businesses of Chula Vista as new growth occurs; • To maintain the city's fiscal well-being by assuring that new development pays its proportional share of infrastructure and service costs while it strengthens the city's ability to sustain high-quality municipal services; and 5 2015-01-13 Agenda Packet Page 170 ■ To assure that growth does not negatively affect the public health, safety and welfare or diminish the city's ability to achieve its urban development goals as expressed in the General Plan. The Growth Management Program Implementation Manual begins by providing background information on the Growth Management Program ("GMP"). Next, it provides a summary of how the elements of the GMP function and interface with each other. Finally, the Manual explains the processes and procedures for administering the GMP. II. Background Chula Vista, the second largest city in San Diego County, was incorporated in 1911 and grew steadily and incrementally until the 1980s,when large-scale development began to occur in the eastern part of the city. In that decade, Chula Vista expanded its boundaries with large undeveloped ranch lands east of Interstate 805, establishing significant opportunities for the city to work with developers in providing high-quality master- planned communities, such as Rancho del Rey and Eastlake, the first of many master-planned communities in eastern Chula Vista. At that time, there was serious concern that poorly managed growth could strain the city's ability to provide public services,worsen existing traffic problems, and lead to an overall reduction in service levels and the quality of life of its residents. To ensure that adequate infrastructure and services were keeping pace with development and that quality of life was being maintained,the Chula Vista city council appointed an ad hoc committee to develop quality of life threshold standards for the city. The concept was to establish performance standards reflecting either current or desired levels of service, and then measure the effects of growth against those standards each year. In this way, the city could use the standards to evaluate its ability to meet quality of life objectives at the build-out of its General Plan, and also monitor the standards annually as growth occurred to ensure that they were being met. The ad hoc committee, consisting of representatives from community groups,the city's planning commission, and the development community, met several times over a period of months. They selected and defined threshold standards for eleven topics, including Police, Fire and Emergency Medical Services, Schools, Libraries, Parks and Recreation,Water, Sewer, Drainage,Traffic,Air Quality and Fiscal, which were introduced in a document called Threshold Standards and Growth Management Oversight Committee Policy(approved by city council in November 1987). The Policy defined a program that could preserve and enhance Chula Vista's public services and quality of life while growth occurs, requiring an annual citywide threshold compliance review assigned to a Growth Management Oversight Committee (GMOC) (now a commission),who must report through the planning commission to the city council, which holds a public hearing to discuss the report and take any necessary actions. The GMOC's review and report are intended to be completed prior to council budget workshops so that threshold situations, which may require funding for solution, can be accommodated during the regular budget process. Initiated by the Threshold Standards and Growth Management Oversight Committee Policy, the city adopted the following growth management documents between 1987 and 1991: 6 2015-01-13 Agenda Packet Page 171 1. "Controlled Residential Development" ordinance (aka the "Cummings Initiative") (Chapter 19.80 of the Chula Vista Municipal Code) (1988); 2. "Public Facilities and Services" element of the Chula Vista General Plan (1989); 3. "Growth Management Element"of the Chula Vista General Plan (April 17, 1990); 4. Growth Management Program (April 23, 1991); 5. "Growth Management Oversight Commission (GMOC)" ordinance (Chapter 2.40 of the Chula Vista Municipal Code) (May 7, 1991); and 6. "Growth Management" ordinance (Chapter 19.09 of the Chula Vista Municipal Code) (May 28, 1991). Since 1989, some minor changes have been made to the threshold standards, and the Threshold Standards Policy and the "Growth Management" ordinance have been updated,accordingly. The "Growth Management Components" section (Section IV) of this Manual goes into greater detail regarding these documents and various others, which are vital tools in accomplishing the Growth Management Program's ultimate goal of maintaining and improving a high quality of life for current and future residents of Chula Vista. In addition to growth management documents, the "Components" section summarizes various growth management regulatory programs that have been established to fund and/or are essential for the Growth Management Program to function effectively, including: 1. Development Impact Fees; 2. Intergovernmental Agreements; 3. Capital Improvement Programs; and 4. Community Facility Districts, amongst others. The growth management documents and regulatory programs are supplemented by coordination with other agencies (school districts, water districts and the Air Pollution Control District) to monitor the effects of growth on the city. In the 25 plus years since the Growth Management Program was established, additional master-planned communities have evolved in the east, including Otay Ranch, Rolling Hills Ranch, and San Miguel Ranch, resulting in over 30,000 new housing units between 1986 and 2014. Concurrent with this growth has been the provision of public facilities and services that have generally maintained the community's quality of life, consistent with the intent of the Growth Management Program. As development continues in both eastern and western Chula Vista,the city will continue to implement the Growth Management Program to help maintain and improve the quality of life for its citizens. III. Summary of Chula Vista's Growth Management Program Chula Vista's Growth Management Program (GMP) is based upon policies set forth in the Chula Vista General Plan's"Growth Management Element", and in the"Growth Management" ordinance (Chapter 19.09 of the Chula Vista Municipal Code), which outlines the procedures for threshold standards and related regulatory actions, and the imposition of growth controls. The GMP policies are implemented through three fundamental aspects—Forward Planning, Development Processing, and Monitoring/Tracking, providing a stable and balanced method for carrying out the GMP. 7 2015-01-13 Agenda Packet Page 172 The roles and functions of each of these three aspects are illustrated in Figure 1, below, and are subsequently introduced and explained. FIGURE 1— GROWTH MANAGEMENT PROGRAM PROCESS Forward Planning Development Processing Monitoring/Tracking General Plan- oex.elopment proposal submitted Annual Development Forecasts- • Establishes land uses for facilities • 5-}eartimeframe and services ■ Supports completion of annual GWC • Groudh Management Element and threshold corrpliance questionnaires Public Facilities and Services Element PC Zone Non-PC Zone Prepare General Prepare crtysponwred GMOCAnnualReport- D&.elopned Phan[GOP) specil�c plan . Yeady check and balance on effects of actual development adivityon threshold compliance Facility and Service Master Plans- Identification of any necessary remedial + lkeGP land uses toidentifyfacility& Prepare CEQA PrepareCEQA • actions forPCK)7 consideration service needsto ensure Threshold decunrani document Standard compliance at buildout Development Tracking- PrepareSPAPlanand Prepare PF FP and Fiscal .Table updated monthly PFFP and F tscalAnalysis Analysis .Shows#of units(SF,MF)at each stage of D evekopment Impact Fees- project implementation(SPA Plan,TM,FM,BP • Apportion costs for provding buildout issued,occupanc)j facilities&seruces(per MasterPlans)to •Assists PFFP&conditions rronitoring individual units of remaining development bytWe(res,corrmercial,industrial)(EDUs) • Regularly reuenedfor need to update PFFP&Project ConciitionsMoritoring- concidering changing land uses,costs, •Track timely implementation of phasing anWor other circumstances requirements&other SPAFM conditions relative to maintaining thresholds compliance Ktigation Monitoring&Reporting Programs PA RP)- •Ensures anyGEQA rritigation measures related to threshold compliance are irrplemerted. A. Forward PI , n n Forward planning begins with Chula Vista's General Plan, which has been updated twice since the inception of the city's Growth Management Program in 1987. Threshold standards are incorporated in the General Plan as policies and, when the General Plan is updated or amended, are used to analyze and provide technical analysis of the facility and service demands of the General Plan's land use proposals to determine whether they would comply with the threshold standards at General Plan build-out. The General Plan's"Growth Management Element" establishes policy basis for growth management provisions, and the "Public Facilities and Services Element" establishes the city's plan to provide and maintain infrastructure and public services for future growth, without diminishing services to existing development. 8 2015-01-13 Agenda Packet Page 173 Based upon the General Plan's land uses, the city's operating departments prepare various Facility and Service Master Plans, which underpin long-term threshold standard compliance by clarifying the obligations of new development with regard to a particular type of facility, such as parks or fire stations. The operating departments, as well as other agencies providing services in Chula Vista, also develop "strategic plans" that outline service demands and how these demands will be met. The city regularly interfaces with the water districts and school districts when they prepare their master plans and facility needs analyses. To ensure that capital facilities will be constructed for the benefit of new development, Development Impact Fees(DIF)are to be paid for each development project within the city. DIFs are one-time charges that fund capital construction of additional sewer systems, roads, libraries, parks and recreation facilities, etc. made necessary by the presence of new residents in the area and as outlined in the facility master plans. Costs are apportioned to individual units of remaining development by type (residential, commercial, industrial) and are regularly reviewed for potential updates considering changing land uses, costs and/or other circumstances. B. Development Processing The GMP is woven throughout the citywide development review process for projects to determine the possible impacts of the project and to apply appropriate conditions and requirements in order to mitigate those impacts. For projects in the Planned Community zone, threshold standards are integrated into the city's development review process in a three-tiered manner, involving preparation of a General Development Plan (GDP), the preparation of a Sectional Planning Area (SPA) Plan with a corresponding Public Facilities Finance Plan (PFFP)/Fiscal Impact Analysis (FIA), and a Tentative Map. This process establishes basic land use and development provisions, completes initial environmental review under CEQA, provides a framework for subsequent environmental review and actions, and establishes mechanisms and assurances that threshold standards can be met as development is actually occurring. This approach has served the city well in managing growth in eastern Chula Vista. For projects outside of the PC zone, a different approach to regulation has been established to manage development and redevelopment. This approach relies upon the preparation of city-sponsored specific plans and corresponding PFFPs (or equivalents), as well as a regulatory framework that accounts for the smaller size of urban infill projects and the related need for public investments. Growth management considerations for smaller projects outside of the PC zone are addressed through the CEQA process, which may result in mitigation measures; through conditions of approval,which may require improvements or dedications; and through payment of Development Impact Fees. C. Monitoring/Tracking-Given that the above noted project reviews and condition are based on assumptions about phasing and growth patterns, monitoring and evaluation of actual development is necessary to determine if assumptions were correct, and, if not, to be able to make adjustments as needed. Monitoring the status of development and compliance with the city's Growth Management Program is also done to ensure that the cumulative impacts of new growth do not result in deterioration of 9 2015-01-13 Agenda Packet Page 174 quality of life, as measured by the threshold standards. The monitoring is accomplished through various methods. One such method is the GMOC's Annual Report,which analyzes the effects of actual development activity on threshold standard compliance and identifies any necessary remedial actions for the planning commission and city council to consider. The report relies on responses to questionnaires completed by city departments and service agencies related to threshold standard topics. The questionnaires include a Residential Development Forecasts looking out five years, to provide agencies and departments with growth projections that may generate the need for additional services. kJ06�, Development Tracking is another tool used to monitor growth. The Development Services Department produces a table monthly to track the number of single-family and multi-family units at each stage of project implementation: SPA Plan,Tentative Map, Final Map, Building Permit Issued and Occupancy. The information is useful in tracking timely implementation of Public Facility Financing Plans (PFFPS) phasing requirements and other SPA Plan or Tentative Map conditions relative to maintaining compliance with threshold standards. #"q% Is Implementation of CEQA mitigation measures through Mitigation Monitoring& Reporting Programs (MMRPs) is another method used to assure threshold compliance. IV. Components of the Growth Management Program The Threshold Standards and Growth Management Oversight Committee Policy adopted by city council in 1987 was the first of several documents and regulatory programs that have established the framework of Chula Vista's Growth Management Program, and provide for its implementation. The functions of the various documents and regulatory programs are outlined in Tables 1 and 3 of this chapter, respectively, followed by detailed descriptions of each. The status of each document and program is also noted in the tables, as some of them have been amended or consolidated with others since their inception. TABLE 1— GROWTH MANAGEMENT PROGRAM DOCUMENTS Document Function Status 1. Threshold Standards and Growth Established Chula Vista's Growth Adopted by city council in Management Oversight Management Program,identifying November 1987;replaced and Committee[Commission]Policy* goals,objectives,threshold incorporated into the Growth standards,and implementation Management Program measures for 11 topics,and outlining Implementation Manual in 2014. responsibilities of Growth Management Oversight Commission. (See item 7,below,for more discussion on threshold standards.) 2."Controlled Residential Required council to adopt growth Adopted by city voters in 1988. Development"ordinance(aka management documents and Cummings Initiative)(Ch.19.80 of restricted timing for upzoning of 10 2015-01-13 Agenda Packet Page 175 Document Function Status Chula Vista Municipal Code) residential property in non-planned community areas. 3. "Growth Management Establishes policy basis for growth Established in 1989 General Plan Element"of General Plan management provisions. and revised in 2005 as part of General Plan update. 4."Public Facilities and Services Establishes the city's plan to provide Established in 1989 General Plan Element"of General Plan and maintain infrastructure and and revised in 2005 as part of public services for future growth, General Plan update. without diminishing services to existing development. MIL 5.Growth Management Program Implementation system to meet the Adopted by city council in April goals and objectives of the General 1991; replaced and incorporated Plan and the"Growth Management into the Growth Management Element." Program Implementation Manual in 2014. 6. "Growth Management Oversight Outlines functions,duties and Adopted by city council in May Commission"Ordinance(Ch.2.40 of regulations of the GMOC. It is 1991 and last amended in 2011. Chula Vista Municipal Code) supplemented by Ch.2.25,described in no.8,below. 7."Growth Management"Ordinance Legally establishes threshold Adopted by city council in 1991 (Ch.19.09 of Chula Vista Municipal standards,administration,and and last amended in 2014. Code) compliance requirements and mechanisms. 8. "General Rules for Boards and Outlines membership and operations Adopted by city council in 2008 Commissions"(Ch.2.25 of the information for city commissions, and last updated in 2011. Chula Vista Municipal Code) including the GMOC. It supplements Ch.2.40,described in no.6,above. 9."Growth Management Oversight Updates planning commission and 2014 Annual Report presented to Commission's Annual Report" city council re:status of threshold planning commission and city standards compliance,identifies council May 2014. Available concerns,makes recommendations. online. 1%�, 10."Annual Residential Growth Prepared by city staff with developer 2015 Forecast published in Forecast"and Agency Responses input,includes historical data and September 2014 and distributed to " projected number of building permits city departments and outside so to be issued over the next five years. agencies that monitor threshold It is used to assist city departments standards. Included in Appendices and outside agencies to evaluate to each GMOC Annual Report and possible threshold compliance issues. available online. 11. Facility Master Plans Based on the General Plan,provide Completed and periodically plans and preliminary design revised since 1987 by individual specifications for various major city departments. See page 20 for infrastructure and facilities to ensure a list. threshold compliance at build-out. 12. Air Quality Improvement Plans Provide an analysis of air pollution Required with all SPA Plans,TMs 11 2015-01-13 Agenda Packet Page 176 Document Function Status impacts and a means of improving air and development proposals of 50 quality for development proposals. dwelling units or more,and commercial or industrial projects with 50 equivalent dwelling units (EDUs)or greater. See Appendix A for preparation requirements. 13. Water Conservation Plans Provide an analysis of water usage Required with all SPA Plans,TMs and a plan of conservation measures. and development proposals of 50 dwelling units or more,and commercial or industrial projects with 50 equivalent dwelling units (EDUs)or greater. See Appendix B for preparation requirements. 14. Public Facility Financing Plans Identify cost,financial responsibility, Required with all SPA Plans,TMs (PFFPs) and proposed financing method for and development proposals of 50 each public facility,and a phasing dwelling units or more,and plan to ensure threshold compliance commercial or industrial projects during project construction. with 50 equivalent dwelling units (EDUs)or greater. See Appendix C for preparation requirements. 15.Fiscal Impact Analyses(FIA) To estimate the impact of a Required with all SPA Plans and development or a land use change on TMs,and for the following,subject the costs and revenues to the city to the discretion of the associated with the development. Development Services Director: Developments must have a positive development proposals of 50 fiscal impact,or provide backstop dwelling units or more,and funding for any negative years. commercial or industrial projects with 50 equivalent dwelling units (EDUs)or greater. 16.Growth Management Program Sets out the procedures and Adopted by city council in 2014,it Implementation Manual establishes requirements for how the incorporates and replaces both the Growth Management Program is prior Threshold Standards and administered,including how growth Growth Management Oversight management policies integrate with Commission Policy and the Growth other aspects of development Management Program documents. regulation,finance,and municipal operations. A. Growth Management Program Documents 1. Threshold Standards and Growth Management Oversight Commission Policy (Adopted by the City Council in November 1987) The Threshold Standards and Growth Management Oversight Commission Policy("Policy') established Chula Vista's Growth Management Program, identifying goals, objectives, threshold standards, and 12 2015-01-13 Agenda Packet Page 177 implementation measures for eleven topics, and outlining responsibilities of the Growth Management Oversight Commission. The eleven topics identified include: Air Quality, Drainage, Fiscal, Fire and Emergency Services, Libraries, Parks and Recreation, Police, Schools, Sewer,Transportation and Water. The information was updated and subsequently incorporated into the Chula Vista Municipal Code (chapters 2.40 and 19.09), which were most recently updated in 2011 and 2014, respectively, and replaces the Policy document. See item 7, below, for more discussion on threshold standards. 2. "Controlled Residential Development" Ordinance (aka the "Cummings Initiative"), Chapter 19.80 of the Chula Vista Municipal Code (1988) In 1988, Chula Vista voters adopted the Cummings Initiative (Initiative), which is codified in the Chula Vista Municipal Code as Chapter 19.80, entitled "Controlled Residential Development." It directed the city council to ensure that the city's General Plan had a "Public Services and Facilities" element and that developers, after receiving discretionary approvals for any development project, participated in the timely construction and financing of facilities, and that city council should expend all funds collected solely for the purpose for which they were advanced. It also directed the city to "adopt such further ordinances, resolutions, policies, or procedures consistent with the purposes, intents and requirements of the ordinance," which resulted in adoption of the city's "Growth Management" ordinance (Chapter 19.09 of the Chula Vista Municipal Code) in 1991. The Initiative included the finding that intense residential development was adversely affecting the health, safety and welfare of the citizens of Chula Vista, and that its purpose was to better plan for and control the rate of residential growth in the city and to preserve quality of life. It also establishes that rezoning of property designated for residential development outside of Planned Community(PC) zoned areas could only be permitted to the next highest residential density category in any two-year period (for example, RE, R1, R2, R3). 3. "Growth Management Element" of Chula Vista's General Plan (Adopted by City Council April 17, 1990 and updated in 2005) The purpose of the"Growth Management Element" is "to describe the various components that, together, create the overall Growth Management Program that guides future development in the City." The General Plan's"Growth Management Element" also provides the policy framework for Chula Vista's Growth Management Program, whose overall goal is"To direct and coordinate growth and development in ways that maintain, and consistently endeavor to improve, the quality of life for current and future residents of Chula Vista." The General Plan establishes the vision of the type of community Chula Vista will become, and the "Growth Management Element" serves as a guide to assure that the vision is achieved,without sacrificing the quality of life enjoyed in the community; it contains the tools to allow the development patterns described in the "Land Use and Transportation Element" to take place over time. It considers capacities and generation rates described in the "Public Facilities and Services Element" and supporting documents to establish standards for new development, redevelopment and revitalization. It recognizes the importance of resources described in the "Environmental Element" and the 13 2015-01-13 Agenda Packet Page 178 contribution they make to the overall quality of life enjoyed by existing and future residents. Where applicable, cross-references are provided in the "Growth Management Element"to identify where interrelationships with other General Plan elements exist. 4. "Public Facilities and Services Element" of Chula Vista's General Plan (Adopted by City Council April 17, 1990 and updated in 2005) The purpose of the"Public Facilities and Services Element" is to establish the city's plan to provide and maintain infrastructure and public services for future growth, without diminishing services to existing development. Public facilities collectively refer to utilities, such as water, sewer, drainage, power and telecommunications services, and to infrastructure such as parks and recreation centers, schools, libraries, fire stations and police stations. Public services collectively refer to delivery of services such as law enforcement and fire protection and to other services that support and enrich the community, such as art and cultural facilities and programs, childcare opportunities, and health and human services. California state law does not require this element in the city's General Plan; however, it permits a general plan to include other elements and subjects that relate to the physical development of a city and subjects that relate to quality of life. Once an optional element has been adopted, it carries the same legal force and effect as a mandatory element. S. Growth Management Program (Adopted by city council April 23,1991) The Growth Management Program (Program) document, along with the "Growth Management Element" of the General Plan and the "Growth Management" ordinance, created a comprehensive system to manage future growth. The Program established a foundation for carrying out the development policies of the city by directing and coordinating future growth in order to guarantee the timely provision of bl' facilities and services,with primary focus being on the area east of Interstate 805. The Program reviewed the goals and objectives of the General Plan and the "Growth Management Element" and how the goals and objectives were met. It also: ■ O ed t union and responsibilities of the Growth Management Oversight Commission; ro ed overviews of the different community planning areas, describing the existing elopment process and the status of specific development projects for planning purposes; Discussed each of the eleven topics with adopted threshold standards; ■ Provided a description of the various components of the overall phasing policy, proposed specific development phasing policies, and presented a development phasing forecast; ■ Provided an overview of finance, discussing the existing finance approaches being used and listed the various methods available to finance public facility improvements; 14 2015-01-13 Agenda Packet Page 179 • Summarized the key components of implementation, describing threshold standards, facility master plans, project processing requirements, the development phasing policies/forecast, the GMOC, pacing of development, prioritizing projects, financial management and proposed finance policies, and the organizational structure necessary to operate the program; and • Provided a summary of the current status of the facilities in relation to threshold standard compliance, as reported in the second annual report by the GMOC. The information in the Growth Management Program was updated and incorporated into this Growth Management Program Implementation Manual, which replaces the Growth Management Program document. K I 6. "Growth Management Oversight Commission" Ordinance, Chapter 2.40 of the Chula Vista Municipal Code (Adopted by City Council May 7, 1991 and last updated in 2011) According to the ordinance, the city council's purpose and intent in establishing the Growth Management Oversight Commission was to "create an advisory body to provide an independent annual review of the effectiveness of the General Plan regarding development issues," using "threshold criteria to make determinations regarding the impact of development on the 'quality of life' in Chula Vista; publish findings; and make recommendations thereon." Chapter 2.40 also outlines functions and duties, membership and meeting schedule information for the GMOC. One of the duties of the GMOC is to prepare an annual report, as described in no. 9, below. This ordinance is supplemented by Chula Vista Municipal Code Chapter 2.25, described in no. 8, below. 7. "Growth Management Ordinance" Chapter 19.09 of the Chula Vista Municipal Code (Adopted by City Council May 28, 1991 and last updated in 2014) Consistent with the General Plan's"Growth Management Element" and in order to protect the public health, safety and welfare, the "Growth Management" ordinance accomplishes the following: A. Ensures that public facilities, infrastructure, and services continuously meet threshold standards and are provided in advance of or concurrently with the demands created by new development; Assures that individual development projects measure potential impacts upon public facilities, infrastructure and services and provide a plan for funding improvements needed to meet threshold standards; C. Limits or prevents additional development if public facilities, infrastructure, and services improvements meeting established threshold standards are not provided in a timely and logical fashion; D. Controls the timing and location of development by tying the pace of development to the provision of public facilities and improvements to conform to the goals and objectives of the General Plan, the threshold standards, and procedures set forth in the Growth Management Implementation Manual; and 15 2015-01-13 Agenda Packet Page 180 E. Promotes revitalization and redevelopment of older portions of the city, including the "Urban Core" area and the commercial corridors. The "Growth Management" ordinance sets forth the basis of the procedures involved with growth management, including both the monitoring of threshold standards and related regulatory actions and the imposition of growth controls. Its purpose is to ensure that, as new development occurs, public facilities, infrastructure and services will concurrently be provided to meet the demands generated by new development, and that service levels to existing residents will not be reduced. Therefore, it establishes requirements (in accordance with the General Plan) and specifies goals, objectives, threshold standards, and implementation measures for eleven topics, including: Air Quality, Drainage, Fiscal, Fire and Emergency Medical Services, Libraries, Parks and Recreation, Police, Schools,Sewer, Transportation and Water. 4 X 40 • Each goal describes a desired condition or "end state",while the objectives represent measureable steps toward achieving the goal. • Threshold standards are levels of service or maintenance standards, adherence to which will achieve the objectives and goal. • Implementation measures are those techniques that will be used to encourage or enforce maintenance of the threshold standards. These are the actions the city can take to preserve the current quality of life while development progresses. Three key implementation measures can be applied: Issuance of a "Statement of Concern";Adopt and fund tactics; and Development Moratorium. Statement of Concern A Statement of Concern is an implementation tool that may be used by the Growth Management Oversight Commission in its annual report, should the GMOC determine that a potential problem exists with respect to any of the threshold standard topics. ■ When issued for an externally controlled threshold standards (e.g. Water, Schools, Air Quality), the Statement of Concern will highlight what action the city and/or other agency can take in order to solve the specified issue and encourages further or additional inter- agency cooperation/coordination. There may also be a recommendation to issue correspondence or a resolution by the city council to the external agency if the situation so warrants, as determined by the GMOC and city council. ■ When issued to a city department regarding a current or forecasted failure of a threshold standard, the Statement of Concern may include elements dealing with city management, organization and budget priorities. ■ When issued in response to an overall or general quality of life consideration, irrespective to whether a particular threshold standard has been exceeded, or if it is a non-growth- related issue, the Statement of Concern can offer a finding, or make recommendations regarding city management, organization and budget priorities. 16 2015-01-13 Agenda Packet Page 181 Adopt and Fund Tactics Capital, operational, or program elements may be identified as needing to be established in order to correct a current or future threshold issue or deficiency. Development Moratorium The "Growth Management" ordinance provides that the city council may, by ordinance, at their discretion or on the basis of recommendations provided by the GMOC, make specific findings and impose a causal moratorium on the issuance of building permits in the city. This limitation, consistent with the provisions of the "Growth Management" ordinance, must be directly related to a cause associated with non-compliance of threshold standards and may be for the entire city or a designated sub-area. Any such growth limitation would endeavor to minimize unintended consequences and would be balanced and equitable. The moratorium would specify the corrective action(s)to address the problem and a time frame for resolving the failure. See section IV.13.10 "Building Permit Moratorium" for additional information Table 2, below, identifies the review mechanism and implementation measure associated with threshold compliance for each of the eleven topics. . , TABLE 2— SUMMARY OF THRESHOLD STANDARDS Application/Timing Implementation Measures Topic Project Level Annual City- "Statement of Plan of Action Public Hearing Conformance wide Concern"to Considering Review by Conformance Council Timing Moratorium to Staff Review by Benchmarks Achieve GMOC Finance Plan Conformance Fire/EMS X X X Police X X X Traffi X X X X Parks/ X X X X Recreation Drainage X X X X Libraries X X X Air Quality X X Fiscal X' X X 17 2015-01-13 Agenda Packet Page 182 Application/Timing Implementation Measures Schools X2 X X Sewer X X X Water X X X 'Fiscal Impact Analyses required for SPA Plans,or projects of 50 units or more,or equivalent for non-residential projects. 2Required for SPA Plans,or projects of 50 units or more. Not applicable for non-residential projects. The Growth Management Program implements the threshold standards through five procedural steps: A. Determining the regulatory requirements to be imposed upon discretionary development projects as defined by various state and local regulatory laws and rules and the growth management threshold standards; B. Applying these requirements when conducting discretionary review of individual project proposals and modifying project proposal and/or applying appropriate mitigation measures; C. Requiring a financing and phasing plan that assures the required public improvements will be adequately funded, pay for themselves, and be available when needed; D. Providing an annual review by a citizen commission (the GMOC) on the status of the city's quality of life, how the growth management program is functioning to meet its stated objectives, and to issue recommendations to the city council regarding findings related to meeting growth related threshold standards and the growth management program in general; and E. Providing the city council with the opportunity to take growth management actions needed to preserve, protect, and enhance the quality of life for current and future residents of the city. 8. "General Rules for Boards and Commissions" Ordinance, Chapter 2.25 of the Chula Vista (Adopted by City Council in 2008 and last updated in 2011) This ordinance supplements the "Growth Management Oversight Commission" ordinance described in no. 6, above. It goes into greater detail regarding membership, attendance requirements, ethics, compensation, operations, vacancies, etc. for all city commissions, including the GMOC. 9. Growth Management Oversight Commission's Annual Report Chapter 2.40 of the Chula Vista Municipal Code requires that the GMOC prepare an annual report for the city council regarding the current and potential future compliance status of the quality of life threshold standards. The report is intended to serve as a basis for recommending changing the capital investment program, making changes to city organization and management, engaging in interagency 18 2015-01-13 Agenda Packet Page 183 cooperation, and imposing development restrictions or other actions to assure that the threshold standards and related quality of life in the city are sustained. The report: • Assesses the accomplishments and deficiencies of the Growth Management Program over the last year; • Makes determinations as to whether each of the Growth Management Program's threshold standards have been met during the review cycle; • Comments on the likely future compliance status of each of the threshold standards, for up to five years; ■ Identifies issues and concerns related to growth management and quality of life; ■ Prepares recommendations to the city council related to threshold standard compliance, which may include: city management and organizational changes; capital investments; budgetary and fiscal matters; areas needing interagency cooperation; and need to restrict or reduce the rate of growth; and ■ Recommends changes or additions to growth management threshold standards and their respective implementing actions. One of the tools used to acquire information for the annual report is the Annual Residential Growth Forecast and responses from agencies, described below. 10.Annual Residential Growth Forecast and Agency Response The Annual Residential Growth Forecast(Forecast) is prepared in the first quarter of each fiscal year by city staff. It includes historical information, as well as the number of building permits projected to be issued each year over the next five years. The projections are based on disclosures from developers and builders regarding residential projects that have been or are undergoing the entitlement process, and could potentially be approved and permitted for construction within the next five years. These projects are under the city's control with respect to the standard entitlement process time frames. As such, the projections do not reflect market conditions outside the city's control and do not represent a goal or desired growth rate. They represent a "worst-case" or more liberal estimate to assess maximum possible effects to the city's threshold standards. Using more aggressive development figures in the forecast allows the city and service providers to evaluate the maximum potential effect on maintaining quality of life, and the ability to provide concurrent development of necessary public 41a and services. '1W Nk The Forecast is distributed to the city departments and outside agencies that monitor the Growth Management Program's threshold standards. Each department and agency is asked for the compliance status of the relevant threshold(s), and any future compliance issues relative to the level of projected growth. The responses of the city departments and other agencies are then assembled and presented to the Growth Management Oversight Commission as part of the Commission's annual review activities. 19 2015-01-13 Agenda Packet Page 184 11. Facility Master Plans Facility master plans are the means by which public facilities (such as libraries and fire stations) and services are planned for future adequacy at build-out. Adopted by city council, these plans are prepared by applicable city departments and periodically updated. They contain assumptions regarding existing and projected land uses and development projections, and identify specific facilities that will serve the build-out of future development, along with phasing and cost estimates. Development Impact Fees and other associated funding programs are established based on the needs identified in the master plans. The operating departments may also develop "strategic plans" that outline service demands and how these demands will be met. The city also regularly interfaces with the water districts, school districts and the Air Pollution Control District when they prepare their master plans and facility needs analyses. Future development proposals utilize facility master plans to determine the adequacy of specific facilities and to demonstrate compliance with the adopted threshold standards. A development proposal must be consistent with these various facility master plans,which currently include: ■ Libraries Strategic Vision Plan (April 8, 2014) and Strategic Facility Plan (April 8, 2014) ■ Fire and Emergency Medical Services Master Plan (2014) ■ Parks and Recreation Master Plan (Draft December 2010) ■ Circulation Element of the General Plan (Updated in 2013) ■ Bikeway Master Plan (February 1, 2011) ■ Pedestrian Master Plan (June 15, 2010) ■ Greenbelt Master Plan (September 16, 2003) ■ Wastewater Master Plan (July 2014) ■ Drainage Master Plan (2004) 12. Air Quality Improvement Plans Air Quality Improvement Plans (AQIPs) analyze air pollution impacts that would result from development of proposed projects, and define methods for mitigating development impacts and improving air quality. To enhance opportunities to improve air quality and energy conservation, Section 19.09.050(B) of the Chula Vista Municipal Code requires AQIPS for: 1) all major development projects of 50 dwelling units or greater; 2) commercial and industrial projects with 50 equivalent dwelling units (EDUs) of air quality impacts or greater; and 3) all Sectional Planning Area (SPA) Plans and Tentative Maps(TMs). The specifics for preparing AQIPs are attached in Appendix A. 13. Water Conservation Plans In order to reduce future water consumption for approved development proposals, Section 19.09.050(C)of the Chula Vista Municipal Code requires Water Conservation Plans (WCPs)for: 1) all major development projects of 50 dwelling units or greater; 2) commercial and industrial projects with 50 EDUs or greater; and 3) all SPA Plans and TMs. The plans must include detailed information, such 20 2015-01-13 Agenda Packet Page 185 as: a project description, identification of water service and supply, projected water use, and implementation measures. The specific requirements are attached in Appendix B. 14. Public Facility Finance Plans Public Facility Finance Plans (PFFPs) detail infrastructure and service requirements for particular projects and indicate how the improvements will be phased and funded to ensure continued compliance with threshold standards as development proceeds. They are the critical link between the threshold standards and development entitlements. When specific thresholds are projected to be reached or exceeded based upon the analysis of the proposed phased development of the project, the PUP prescribes specific timing benchmarks for delivery of new infrastructure and services necessary for continued compliance with the Growth Management Program and threshold standards. Per Section 19.09.080 of the Chula Vista Municipal Code, PFFPs are required for all SPA Plans and TMs, and may be prepared at various times in the development review process. Instructions and requirements for preparing PFFPs are outlined in Appendix C. 15. Fiscal Impact Analyses The purpose of fiscal impact analysis (FIA) is to estimate the impact of a development or a land use change on the expenditures and revenues to the city for serving the development.The analysis is generally based on the fiscal characteristics of the community land values, needed facilities and services, etc.The analysis enables the city to estimate the difference between the costs of providing services, such as police and fire services, park maintenance, etc., to a new development and the revenues (taxes and user fees, for example)that will be generated by the development. Because a FIA is primarily based on an analysis of city revenues and expenditures, key players conducting an assessment include the Director of Finance, the county tax assessor, and typically a consultant to gather information and to prepare the analysis. The city's Finance Department maintains the current FIA models that applicants must use. Two models exist. One is used for large-scale analysis of build-out conditions, such as for General Plan level analysis. The other is used for individual projects, such as SPA plans and Tentative Maps,which evaluate conditions throughout the project's phased implementation. At the discretion of the Development Services Director,a FIA may be required for development proposals of 50 dwelling units or more, and commercial or industrial projects with 50 equivalent dwelling units (EDUs) or greater. Also, FIAs may be required for individual projects within SPA plans if they propose amendments to the General Plan, General Development Plan or SPA. Projects must be fiscally positive, and the "Growth Management" ordinance (Chapter 19.09 of the Chula Vista Municipal Code) requires offsets for any negative years. 21 2015-01-13 Agenda Packet Page 186 16. Growth Management Program Implementation Manual Adopted by city council in 2014, the Growth Management Program Implementation Manual ("Manual") incorporates and replaces both the Threshold Standards and Growth Management Oversight Commission Policy and the Growth Management Program documents. It provides direction for implementing the city of Chula Vista's Growth Management Program, outlined in the "Growth Management Element" of the city's General Plan and in its "Growth Management" ordinance (Chapter 19.09 of the Chula Vista Municipal Code). The Manual sets out the procedures for how the Growth Management Program is administered, including how growth management policies integrate with other aspects of development regulation, finance, and municipal operations. , TABLE 3—GROWTH MANAGEMENT-RELATED REGULATORY PROGRAMS Growth Management-Related Function Status Regulatory Programs 1.Growth Management Monitors and guides the Growth Established pursuant to the 1987 Oversight Commission Management Program,prepares Threshold Standards and GMOC annual report on threshold standards Policy,and updated in Chapter compliance. 2.40 of the Chula Vista Municipal Nk 'N Code adopted by city council in 1991 and amended in 2011. 2.Development Impact Fees(DIF) Provide financing for development- Originally adopted in 1986 for and other Funding Mechanisms related infrastructure improvements. Eastlake and extended to the eastern area in 1998. The transportation development impact fee(TDIF)has expanded to western Chula Vista. Updated in accordance with updated facility master plans,and periodically for changes in conditions or construction costs. 3.Capital Improvement Program To fund new infrastructure and/or to Updated annually looking out one CIP) increase the useful life or value of and five years. the city's physical assets or existing infrastructure. The CIP funds infrastructure not otherwise required to be built by developers. 4.Community Facilities Districts A special taxing authority that may The city has numerous CFDs, (CFDs),Assessment Districts(ADs) be formed to finance certain particularly in eastern Chula Vista, and Bonds designated public services and capital covering facilities such as schools, facilities by levying special taxes drainage,and open space which are continuing liens levied maintenance. Levies are against real property within the periodically reviewed and service area. updated. 5.Intergovernmental An agreement between agencies to The City has agreements with the 22 2015-01-13 Agenda Packet Page 187 Growth Management-Related Function Status Regulatory Programs Agreements upgrade services,consolidate city of San Diego for dispatching resources and save money. fire services,the San Diego Metropolitan Wastewater District for sewage treatment capacity, and San Diego County for shared sewer lines in portions of the city of Chula Vista. 6.Development Review Process Technical studies,PFFPs and In the PC zone,the threshold conditions of approval are used to standards are integrated into the evaluate and ensure projects comply development review process in a with the threshold standards and 3-tiered manner: General related requirements. Development Plan(GDP),SPA& PFFP/FIA and Tentative Map. 7.Environmental Analysis Compliance with threshold standards Conducted on all discretionary is analyzed through environmental proposals deemed to be"projects" review of development projects under CEQA;some result in consistent with state law(California preparation of Environmental Environmental Quality Act or Impact Reports(EIRs). "CEQA"). 8.Development Agreement An optional contract between the The city has development agree- city and a developer to specify ments for property associated with standards and conditions governing Otay Ranch,including Millenia. property. 9.Traffic Monitoring Program(TMP) The collection of traffic monitoring The city routinely monitors traffic data (traffic volume and travel times) at specific intersections and along carried out under a variety of select roadway corridors identified programs and used to determine LIX level-of-service(LOS)performance on the TMP's Arterial Segments pursuant to the Traffic threshold. Map. 10.Building Permit Mora i City council may,by ordinance, Used only on a case-by-case basis, impose a limit on building permits if if determined necessary by city specific findings are made. Limits are council in a public hearing. to avoid exacerbation of a problem until threshold compliance issue is remedied. B. Growth Management-Related Regulatory Programs 1. Growth Management Oversight Commission As outlined in Chapter 2.40 of the Chula Vista Municipal Code, the Growth Management Oversight Commission (GMOC) consists of nine citizens appointed by the city council and represent four geographic areas in the city(southwest, southeast, northwest, and northeast), four interest areas (education, business, development, and environmental), and a representative from the planning 23 2015-01-13 Agenda Packet Page 188 commission. The purpose of the GMOC is "to provide an independent annual review of the effectiveness of the General Plan in regard to development and growth-oriented issues; to make determinations in regard to the impact of development on the quality of life in Chula Vista, using the threshold standard criteria; and to publish findings and make recommendation on the same." In addition, the GMOC looks at facility master plans, development activity, financing plans for constructing new facilities, development phasing, and other growth management issues. The city provides secretarial support and a liaison who serves as lead staff support and contact for the GMOC, acts as facilitator for functioning the commission, and writes reports, including the annual report that evaluates compliance of threshold standards and makes determinations regarding the impact of development on the quality of life within the city. The GMOC's review is structured around three timeframes: • A Fiscal Year Cycle (July 1—June 30) to accommodate city council review of GMOC recommendations that may have budget implications; • The period after June 30 until completion of the annual report to address pertinent issues identified during this timeframe, and to assure that the GMOC can and does respond to current events; and • A five-year forecast, beginning in the first quarter of the fiscal year and ending in December five years later to assess potential threshold compliance concerns. 2. Development Impact Fees and Other Funding Mechanisms for Public Facilities Development Impact Fees (DIFs) are one-time charges applied to new developments. Their purpose is to raise revenue for the construction or expansion of capital facilities located either within or outside the boundaries of the new development, and to benefit the contributing development. Impact fees are assessed and dedicated principally for the provision of additional sewer systems, roads, libraries, fire stations and parks and recreation facilities made necessary by the presence of new residents in the area. The funds collected cannot be used for operation, maintenance, repair, alteration or replacement of capital facilities. Below is a list of established DIF funds as of Fiscal Year 2014-15: ■ astern Transportation TDIF ■ Western Transportation TDIF Traffic Signal ■ Telegraph Canyon Drainage ■ Telegraph Canyon Gravity Sewer ■ Poggi Canyon Sewer Basin ■ Salt Creek Sewer Basin ■ Pedestrian Bridges(Otay Ranch Villages 1, 2, 5, 6, 11 and Millenia) ■ Public Facilities (Administration, Civic Center Expansion, Police Facility, Corp. Yard Relocation, Libraries, Fire Suppression Systems, Recreation Facilities) 24 2015-01-13 Agenda Packet Page 189 Chula Vista originally adopted DIFs in 1986 for the Eastlake master planned community and subsequently adopted DIFs for all of eastern Chula Vista in 1998. Typically, the DIFs are updated in accordance with updated Facility Master Plans, and on a periodic basis to reflect changes in construction costs, etc. The terms for collection of Development Impact Fees are outlined in various authorizing ordinances. Fees are generally to be paid upon the issuance of building permits for each development project within the city of Chula Vista, except that, at the discretion of the City Manager, prepayment arrangements may be made. Also, whenever a developer is required to construct or finance a facility that services more than just the demands of their project (such as a portion of a major roadway), procedures are followed to receive DIF credit or reimbursement. There are a number of financing options available for developer obligated capit prov ents, including the following: JM4�• Cash/Pay-as-You-Go Financing: In this method the city charges the development community a series of fees that provide the source of income to pay for capital improvement projects. Once enough cash has been collected the city constructs the next capital project in order of its priorities. • Reimbursement Agreements: The city may, under certain circumstances, be asked by a developer to reschedule a project to an earlier date and to construct the facility before funds have been collected under the pay as you go or fee system. When this occurs, the city adopts a policy of having the interested developer construct the project based on a reimbursement agreement. The city pays the developer back for the portion of the project that was to be funded by city resources when funds are available. The use of this method of project financing does not eliminate the developer's obligations to pay city fees associated with their specific development project. • Credit for City Fees: When the city determines that the public interest is served by a developer constructing certain public facilities earlier than possible under a pay as you go program the city can consider giving the developer credit for fees that would otherwise be paid at building permit issuance. These credits would reduce the amount of fees payable in future years from a certain development. The use of fee credits is carefully examined to avoid reducing the amount of available funds necessary to build other capital improvements. Options exist when considering fee credits in the following areas: Full fee credit immediately: Under this alternative, the developer who builds a public improvement is eligible to deduct 100 percent of the cost of this improvement from the required city fees. Once the fee credit is exhausted the developer begins paying fees as normally assessed by the city. Under this option the developer gets immediate credit for the total cost of the project. 25 2015-01-13 Agenda Packet Page 190 • Full fee credit overtime: Under this alternative the developer who builds a public improvement receives credit for the cost of the public improvement. However, the use of the credit is spread over a number of years or payments. This would allow the city to continue receiving some fees while at the same time crediting the developer for partial fee payments • Debt Financing: The city has a maximum special tax of 1%of the sales price of new properties, as of the date of close of escrow. The statewide ad valorem property tax rate is also 1%. Some of the other debt financing options available are described below. 3. Capital Improvement Program The city's Capital Improvement Program is the annual council-approved compilation of all of the capital improvement projects designed to foresee and address the city's future capital needs. A Capital Improvement Project (CIP) is a public infrastructure project that increases the useful life of the city's physical assets or infrastructure and/or adds to their value. Specific funding is granted by city council. Implementation of CIPs may have a direct effect on threshold compliance. For example, CIPs to lengthen turn lanes or to add extra travel lanes may be necessary to improve traffic flow so that it will comply with the level of service that meets the traffic threshold standard. Recommendations in GMOC annual reports can, and have in the past, resulted in proposed CIPs to remedy issues such as these. 7 4. Community Facilities Districts, Assessment Districts and Bonds ff Various special districts wit m the city collect fees,which are used for capital improvements defined within their capital improvement programs. A Community Facilities District(CFD), such as a Mello- Roos district, is a special taxing authority that may be formed to finance certain designated public services and capital facilities by levying special taxes which are continuing liens levied against the real property within the service area. ■ Mello Roos Community Facilities Act of 1982: The Mello Roos Community Facilities District Act provides governmental entities with the ability to finance infrastructure through the creation of a special tax as allowed by section 4 of Article XIIIa of the State Constitution. This special tax may be created with the approval of two-thirds of the property owners based on the amount of property owned or registered voters based on one vote per person if more than twelve registered voters reside within the district. A Mello Roos district may finance a wide variety of facilities, including schools. Libraries, parks, streets and civic buildings. The act generally provides that a governmental entity, a city a school or a joint powers authority may use a Mello Roos district to finance any facility that the legislative body for that government is empowered to construct. 26 2015-01-13 Agenda Packet Page 191 Capital facilities that may be funded by a CFD include: police and fire protection stations, open space improvements, cultural facilities, and elementary and secondary schools. CFDs also fund maintenance for a range of facilities and open space districts. An Assessment District may be formed by the city when it embarks on a public works project — such as a new road or a sewer system upgrade —to raise the funds needed to cover the expense. It is a specially designated area encompassing properties that stand to benefit from a particular improvement. ■ Assessment Districts: Assessment districts generally fall into the Municipal Improvement Act of 1913 Division 12 of the Streets and Highways Code of the State of California and the Improvement Act of 1915 is Division 10 of the Streets and Highways Code. The city may use assessment districts to assist the developer in the construction of various public improvements that may be financed through either the use of a 1913 or 1915 assessment district. There must be a significant public benefit from this improvement to use these districts. Property owners in Assessment Districts collectively pay in proportion to their share of benefits received. Usually,the type or amount of use on the property and the size of the lot will determine the amount due. The resulting assessment will appear as part of the property owner's tax bill. These special taxes occur over the course of several years, because homeowners are actually repaying bonds sold by the city to finance the project. Since the life of a bond issue is an average of 15 to 20 years, special assessments do not disappear quickly. Due to Proposition 218, however,California State law now requires that property owners who would benefit from a public improvement — and thus pay for it— approve the creation of the Assessment District. State law also allows for the formation of special benefit districts. • Special Benefit Dist icts: State law allows for the formation of a variety of special benefit districts. �fhese disticts may be used to fund the construction of parks, libraries, police or fire faities and street lighting systems,to name just a few. These districts are formed by a vote of the property owners who are assessed for the cost of improvements. The developer and or land owner bears the burden of debt service payments. City icipation in a district of this type must be in proportion to the construction for which th 'ty is responsible. • ew evenue Bonds: The city may elect to issue revenue bonds to finance improvements elated to utility functions or other city services that generate a fee for service. If the public improvements are being installed ahead of the expected schedule to accommodate the developer,the developer must offset many of the costs of issuing the revenue bonds. • Certificates of Participation: Certain public facilities such as buildings can be financed through certificates of participation. This is in effect a lease agreement between the city and another agency. A developer wishing to move projects forward might consider constructing facilities such as a library, park, or fire station using this finance tool. 27 2015-01-13 Agenda Packet Page 192 ■ General Obligation Bonds: The city can issue general obligation bonds to fund the construction of public improvements. As required by state law, this can only be accomplished with the approval of two-thirds of the voters in an election. General obligation bonds can probably best be used in the older portions of the city. They provide facility improvements in areas where there is no new development to provide facilities. S. Intergovernmental Agreements I& Most intergovernmental agreements are made to upgrade services, consolidate resources and save money. They can be made between or among a broad range of governmental or quasi-governmental entities, such as a city and a county or a city and a school district. A typical intergovernmental agreement might involve a contract between two small cities to share police, fire and paramedic services. Intergovernmental agreements can improve services, save money through economies of scale, and lead to a culture of inter-community cooperation in many areas 7 The city currently has an intergovernmental agreement with the city of San Diego for dispatching fire services, the San Diego Metropolitan Wastewater District for sewer capacity, and San Diego County for shared sewer lines in portions of the city of Chula Vista. 6. Development Review Process Integration of the Growth Management Program into the development review process varies from projects in the Planned Community(PC) zone and projects not in the PC zone. The approach for each is explained below. Development in PC Zon The Growth Management Program's threshold standards are integrated into the city's development review process of large-scale projects, or those in the Planned Community(PC) zone, in a three-tiered manner, as shown on Table 4. • Tier 1 involves preparation of a General Development Plan, which establishes the basic land use and development policies. Initial environmental review is completed, which provides a framework for subsequent environmental review and actions. ■ Tier 2 involves preparation of a detailed Sectional Planning Area Plan and a corresponding Public Facilities Finance Plan, consistent with the requirements of the "Growth Management" ordinance. The SPA and the PUP are the basis of land development standards and infrastructure requirements, along with any related Development Agreement entitlements and responsibilities. • Tier 3 involves creating the Tentative Map and meeting key requirements, such as establishment of financing mechanisms and assurances that threshold standards can be met as development is actually occurring. 28 2015-01-13 Agenda Packet Page 193 TABLE 4—THREE-TIERED DEVELOPMENT REVIEW PROCESS Tier 1 Tier 2 Tier 3 General Development Sectional Planning Tentative Map Plan and Area Plan and Public Environmental Analysis Facilities Finance Plan Threshold Tests feasibility of project Demonstrates Project must guarantee Standards and at build-out per consistency of each conformance to CEQA Review threshold standards and phase with threshold threshold standard prior analyzes environmental standards to building impacts Public Facilities Allocates project share of Locates and describes Construction of public Requirements public facilities at build- public facilities needed facilities guaranteed out for each phase Financing of Identifies financing Identifies cost,financial Specific financing Facilities options responsibility,and mechanisms established proposed financing method for each public facility This approach has served the city well in managing expansion in eastern Chula Vista. Development Outside of PC Zone A different approach to regulation has been established to encourage and manage desirable development and redevelopment in western Chula Vista,given the unique development challenges faced in this area. This regulatory approach relies upon the preparation of city-sponsored specific plans and corresponding PFFPs. The western Chula Vista regulatory framework accounts for the smaller size of urban infill projects and the financial hurdles often facing infill and redevelopment projects (e.g., parking, hazardous materials remediation, etc.) and the related need for public investments. 7. Environmental Analysis California Environmental Quality Act (CEQA) review is conducted on all discretionary proposals deemed to be "projects" under CEQA; some result in preparation of Environmental Impact Reports (EIRs) or Mitigated Negative Declarations (MNDs). The process of analyzing a development project's impact on public services, consistent with CEQA, involves determining compliance with "thresholds of significance". Such thresholds may be actual GMP thresholds or a combination of GMP thresholds and other requirements from the General Plan, MSCP, etc. 29 2015-01-13 Agenda Packet Page 194 8. Development Agreement A development agreement is a regulatory tool that can be used to provide, enhance or advance a Capital Improvement Project. It is an elective contract between the city and a developer and specifies the standards and conditions that will govern the development of the property and provide assurance to the developer that they may proceed to develop the project subject to the rules and regulations in effect at the time of approval—generally, the development will not be subject to subsequent changes in regulations. For instance, a current agreement between the city and a developer stipulates that"If city amends its 'Growth Management' ordinance, the amended 'Growth Management' ordinance shall apply to the project upon master developer's written acceptance by a clarification pursuant to..., which acceptance shall not constitute an amendment to this agreement. This provision shall not affect any mitigation measures required of master developer under the environmental document certified for the project." The agreement should also benefit the city and may include conditions (mitigation measures)that must be met to assure that a project at a specific location does not have unacceptable impacts on neighboring properties or community infrastructure.The agreement may clarify how the project will be phased, the required timing of public improvements, the developer's contribution toward funding system-wide community improvements, and other conditions.The agreement can also facilitate enforcement of requirements, since it is a contract that details the obligations of the developer and the city. 9. Traffic Monitoring Program The city's engineering department has various methods of monitoring level-of-service (LOS) (physically driving or remote sensing) at key intersections and along corridors throughout the city on an annual basis. An "Arterial Segments" map defines the location and length of roadways to be measured for compliance, and each year findings are reported on arterial segment maps that show the LOS (A-F)for three time periods of the day: AM Peak, Mid-Day Peak and PM Peak. The Growth Management Oversight Commission reviews this information in determining whether or not traffic in the city is in compliance with the traffic threshold standard. 10. Building Permit Moratorium As provided in the city's "Growth Management" ordinance (section 19.09.070 of the Chula Vista Municipal Code), the city council has the ability to adopt an ordinance imposing a limit on building permits for construction of residential and/or non-residential development after making one or more of the following findings in regard to health, safety and welfare: ■ That continued development will make it unlikely for the intent of the Growth Management Program to be achieved, as expressed by the"Growth Management" element of the General Plan and this chapter. 30 2015-01-13 Agenda Packet Page 195 • That continued development will cause deterioration of the city's quality of life,and compromise the health, safety and welfare in the city of Chula Vista. • That continued development will strain the city's fiscal resources and ability to deliver high quality services to all of its residents. Limits are imposed to avoid exacerbation of a problem until threshold compliance issue is remedied. If the city council makes the necessary required findings to impose a limit on building permits, then it shall adopt an ordinance that specifies: 1�^ ■ Area where the moratorium applies; ■ Duration of the moratorium (when it begins and ends); ■ Any exemptions or exceptions or conditions. These shall be consistent with the overall objectives of the city action and broader land use policy. Exemptions could include "affordable" housing units (units sold or rented at below market rates to meet the city's Housing Element requirements). Exceptions might include units that have been allocated as part of a separate agreement (e.g., a development agreement); ■ Any conditions that would allow the moratorium to be lifted prematurely; and ■ How the building permits shall be allocated. V. Administering the Growth Management Program Administering Chula Vista's Growth Management Program is led by the city's Development Services Department as a part of the overall development review process; however, administration is a joint effort by other city departments, the Growth Management Oversight Commission, the planning commission and the city council. A. City Staff Responsibilitie kA As illustrated in Figure 2, city staff activities include monitoring threshold standards, forecasting growth- related impacts, reviewing and conditioning development projects, reviewing compliance with PFFPs, tracking and monitoring development, and preparing the GMOC's annual report. The city attorney provides oversight and assistance, and many departments contribute their technical expertise. 1. Tracking Development City staff tracks development to monitor growth, track timely implementation of Public Facility Financing Plans (PFFPS) phasing requirements and other SPA Plan or Tentative Map conditions relative to maintaining compliance with threshold standards. Tables are updated monthly to show the number of single-family and multi-family units at each stage of project implementation: SPA Plan,Tentative Map, Final Map, Building Permit Issued and Occupancy. 31 2015-01-13 Agenda Packet Page 196 2. Threshold Compliance Reports Staff also tracks and prepares threshold compliance reports for Police and Fire response times, and Traffic's level of service. Threshold compliance reports are also submitted by staff on an annual basis for Air Quality, Drainage, Fiscal, Libraries, Parks and Recreation and Sewer. 3. GMOC Support The Development Services Department currently provides administrative, technical and clerical staff support for the GMOC. City staff tasks include, but are not limited to, the following: • In the first quarter of each fiscal year, preparing a residential growth report containing a 5-year development forecast, running from the first quarter of the fiscal year through December five years later. • Scheduling an annual organizational meeting of the GMOC for the purpose of electing a chair and vice-chair, and setting the schedule for the current review cycle. • Providing administrative and clerical support to the GMOC for its meetings, and in the preparation of its annual report. ■ Advising the GMOC on technical and policy matters. • Requesting information from city departments and outside agencies, as may be necessary, for the GMOC to adequately perform its function. • Providing responses to GMOC requests for information related to their evaluation of threshold standard compliance and other related requests, as reasonable, and in a timely manner. This may include attending one or more GMOC meetings, in addition to providing written information. • Assisting the GMOC as it prepares its annual report, providing technical assistance and production. • Scheduling a publicly noticed joint workshop with the GMOC, planning commission and city council to present the annual report to the decision-making bodies for their consideration of findings and recommendations included in the report and in a "Recommendation/ Implementing Actions Summary." Any actions from the planning commission and city council are accomplished by resolution. 2L 'IN • After the planning commission and city council have acted on the GMOC's annual report, ensuring that any policy changes directed by the city council are returned to the city council in the form of a draft resolution initiating the recommended policy changes. The resolution and a related staff report are intended to be a ready and thorough reference for the public, city staff, developers and decision-makers documenting the changes needed are implemented. 32 2015-01-13 Agenda Packet Page 197 FIGURE 2— IMPLEMENTING ROLES AND RESPONSIBILITIES City Staff Activities Monitoring threshold standards Monitor Review and growth and condition PFFPs development L Projects Planning Commission & City Council Review and Actions 14 01 ago GMOC Review and Recommendations B. Growth Management Oversight Commission Responsibilities The functions and duties of the Growth Management Oversight Commission are outlined in Chapter 2.40 of the Chula Vista Municipal Code and discussed in sections IV.A.3. "Growth Management Oversight Commission Annual Report" and IV.13.9 "Growth Management Oversight Commission." C. Planning Commission and City Council Responsibilities The planning commission shall annually appoint a member from the planning commission to serve as a GMOC commissioner. The GMOC's Annual Report shall be submitted to both the planning commission and the city council to discuss findings and recommendations, and to request, by resolution, acceptance of the report at a joint workshop/public hearing, to be held before adoption of the budget each year. The planning commission may comment on the findings and recommendations and shall, by resolution, make a recommendation to the city council, who shall take action. Both the planning commission and the city commission are also responsible for reviewing documents and programs associated with development including, but not limited to: SPA Plans, PFFPs, EIRs, Financial Impact Analyses and Development Impact Fees. 33 2015-01-13 Agenda Packet Page 198 I ��/� D e v e l o p m e n t S e r v i c e s D e p a r t m e n t /Tr Planning Division I Development Processing CITY CHULA V ISTA AIR QUALITY IMPROVEMENT PLAN (AQIP) GUIDELINES V I. Introduction Community and site design features and environmentally conscious building practices can have a substantial effect on air quality emissions and energy consumption. In recognition of this,the City of Chula Vista has been progressive in its approach to advancing the practices of energy conservation and reduction of greenhouse gas emissions.This is evident through the City's Growth Management Ordinance (CVMC 19.09),Carbon Dioxide (CO2) Reduction Plan,Climate Change Working Group (CCWG) Implementation Measures,and Green Building and Increased Energy Efficiency Ordinances (CVMC 15.12,and 15.26.030, respectively).These programs promote energy conservation and reduction of greenhouse gas emissions by requiring applicants to implement the best available community site design practices such as providing alternative modes of transportation,transit-friendly,walkable communities,and sustainable building design. The City's Growth Management Ordinance, requires an Air Quality Improvement Plan (AQIP) to be submitted with all Sectional Planning Area (SPA) Plans or major development projects consisting of 50 dwelling units or greater(or non-residential or mixed use projects with equivalent dwelling units (EDUs)to a residential project of 50 or more dwelling units).As required by Growth Management Ordinance,the AQIP shall provide an analysis of air pollution impacts which would result from the project,and will be required to demonstrate the best available design to reduce vehicle trips, maintain or improve traffic flow, reduce vehicle miles traveled, including implementation of appropriate traffic control measures,and other means of reducing emissions (direct or indirect) from the project. To further enhance opportunities to improve air quality and energy conservation,applicable action measures contained in the City's Carbon Dioxide (CO2) Reduction Plan must also be addressed in the AQIP.The City's CO2 Reduction Plan was adopted in late 2000 and establishes a strategy for the City to reduce energy consumption, promote alternative transportation and design transit-friendly, walkable communities.As part of the AQIP,applicants will be required to demonstrate how their project was designed to help implement the action measures contained in this plan. In addition,although not required for AQIPs,at the time a building permit application is submitted,the developer/applicant will be required to comply with the provisions of the City's Green Building and Increased Energy Efficiency Standards,CVMC 15.12 and 15.26.030 respectively.These standards focus on implementing environmentally friendly construction practices and materials,and improving building energy conservation above current California State Title 24 Energy Code requirements.The environmentally conscious planning efforts developed in conjunction with the project's AQIP will facilitate compliance with CVMC 15.12 and 15.26.030 and expedite the building permit process. Through the AQIP,applicants must demonstrate how their project has been designed consistent with each of these programs and thus represents the best available design in terms of improving energy efficiency and reducing greenhouse gas emissions.These guidelines have been developed to provide direction in the preparation of AQIPs. II. City Requirements for AQIPs A. Sectional Planning Area Plans,Tentative Maps,and Other Major Projects In accordance with the City's Growth Management Ordinance (19.09),the developer/applicant shall prepare and submit an AQIP with applications for all SPA Plans,Tentative Maps,or for any major development projects that meet the following criteria: • Residential projects of 50 dwelling units or greater. • Commercial projects of 12 or more acres (or equivalent square footage). • Industrial projects of 24 or more acres (or equivalent square footage). • Mixed Use projects with a cumulative threshold equal to that of 50 residential dwelling units or greater (refer to Attachment A, Exhibit 1 for examples of AQIP equivalent dwelling unit determinations). As described further below,the AQIP must include a qualitative and quantitative analysis of the proposed project to demonstrate how the project has met the City's thresholds for reducing air quality impacts and improving energy conservation. Key components of the AQIP will address: • Air pollution impacts from project. • Project efficiency through quantitative project evaluation. • Community and site design features. • Eligibility requirements to receive energy efficiency credit toward CVMC 15.26.030. I I AQ8P Re 11 2015-01-13 AgendaPacka76 Fourth Avenue Chula Vista California I 91910 I (619) 691.5101 I ��/� D e v e l o p m e n t S e r v i c e s D e p a r t m e n t /Tr Planning Division I Development Processing CITY CHULA V ISTA AIR QUALITY IMPROVEMENT PLAN (AQIP) GUIDELINES V Additional details regarding AQIP requirements and format are provided in Attachment A: Required Content and Format for Air Quality Improvement Plans. III.AQIP Format and Structure As noted above,the key components of the AQIP must address:air pollution impacts of the proposed project, quantitative project evaluation through modeling, community and site design features,and eligibility requirements receive energy efficiency credit. Each of these key topic areas is further discussed below. A. Summary of Air Pollution Impacts The Applicant shall summarize the effect of the project's mobile and stationary emission sources on local and regional air quality. It is expected that this section will focus on highlighting the findings contained in the air quality impact analysis prepared as part of the project's respective Environmental Impact Report (EIR). This section of the AQIP must address the following: " Federal,State,and Local rules and regulations related to assessing air quality impacts. " Project's mobile and stationary emission sources and related criteria pollutants(including those associated with short-term construction and long-term implementation). " Effect of project emissions on local and regional air quality. "A summary of CEQA Mitigation Measures that will be implemented to reduce the project's effect on air quality. B.Quantitative Project Design Evaluation The Applicant(s) shall perform a quantitative analysis through one of two computer-modeling options in order to demonstrate that the project has met the City's required thresholds for community design considerations such as land use mix, street system connectivity,and pedestrian network.The primary means to accomplish this is through an INDEX PlanBuilder(INDEX) model developed specifically for the City (Option 1).As an alternative to the INDEX program, Developers/Applicants have the option to use other modeling tools similar to INDEX provided that the results can be translated to clearly demonstrate compliance with the City's established thresholds (Option 2).A summary of each of the two options is provided below. (1)Option 1:INDEX PlanBuilder INDEX is an interactive GIS-based planning tool designed to assist in community planning by evaluating proposed community/site designs against a set of performance standards.Applicants choosing this option shall have their project evaluated against a set of'Key Indicators'that measure the performance characteristics of the project in relation to required minimum baseline scores.An INDEX program has been developed specifically to model major projects in Chula Vista through a required set of Key Indicators focusing on air quality and energy efficiency. The Key Indicators that will be measured through the INDEX model are presented in Table 1. Definitions for each of the Key Indicators and the minimum scores for each are provided in Attachment A, Exhibit 2. TABLE 1: List of INDEX Key Indicators INDEX Key Indicators _ Land-Use Use Mix ■ Intersection Density • Land-Use Use Balance ■ Pedestrian Network Coverage • Neighborhood Completeness ■ Residential Multi-Modal Access • School Proximity to Housing ■ Residential Building Energy Use •Transit Proximity to Housing ■ Non-Residential Building Energy Use • Park Proximity to Housing ■ Residential Building CO2 Emissions • Internal Street Connectivity ■ Non-Residential Building CO2 Emissions ■Transit Proximity to Employment ■ Daily Auto Driving (Density,Diversity,and Design) 1.VMT:Vehicle Miles Traveled AQ8P Re 11 2015-01-13 AgendaPacka76 Fourth Avenue Chula Vista California I 91910 I (619) 691.5101 I ��/� D e v e l o p m e n t S e r v i c e s D e p a r t m e n t /Tr Planning Division I Development Processing CITY CHULA V ISTA AIR QUALITY IMPROVEMENT PLAN (AQIP) GUIDELINES V The Applicant is responsible for the costs of retaining the consultant to perform the INDEX modeling services and may choose to either 1) enter into a three-party agreement with the City and the consultant providing the INDEX modeling services or,2) contract directly with the consultant providing the INDEX modeling services.Additional details describing the timing of the modeling efforts,and required format of project information the Applicant will need to provide in order to run the INDEX model is provided in Attachment B. (2)Option 2:Alternative Modeling Programs As an alternative to the INDEX model,applicants may choose an alternative compliance program modeling software such as LEED ND,Community Viz,or PLACHS,among possible others, provided that the results address the topics on the Key Indicators List(Table 1),and can be translated to clearly demonstrate equivalent compliance with the minimum threshold scores established through INDEX for each of the required Key Indicators. AQIPs prepared through alternative modeling programs must summarize the modeling results in a format comparable to that generated through INDEX. Refer to Attachment A,Section 11.7.5 for additional requirements pertaining modeling Option 2. Applicants choosing to model their project through a program other than INDEX are responsible for the costs of retaining a consultant to perform the necessary modeling services. Applicants may choose to either: 1) enter into a three-party agreement with the City and the consultant providing the alternative modeling services or,2) contract directly with the consultant providing the quantitative modeling services. If the applicant chooses to contract directly with the consultant, the applicant will be required to submit a deposit to the City for third party peer review of the modeling outputs to ensure consistency with the thresholds established through INDEX. (3)Compliance with City Required Modeling Thresholds In order to deem the proposed project consistent with the City's adopted strategies for improving air quality and energy conservation,the project must demonstrate at or beyond the City's performance threshold scores for each key indicator as shown in Table A-1 of Attachment A. If the initial modeling results indicate that the project does not satisfy the City's minimum performance thresholds,the Developer/Applicant shall refine/redesign the project accordingly,and have it reevaluated through the applicable model until consistency with the established performance thresholds has been achieved. In the event that a project is unable to reasonably comply with all key indicator thresholds due to unique circumstances involving project land use make up,design,and/or pre-existing environmental/land-use conditions,the Developer/Applicant may request,in writing to the City's Development Services Director(or their designee),a waiver from those particular key indicators.The written request must substantiate the reasons why the indicator thresholds cannot reasonably be met.The discretion to waive performance requirements for certain key indicators from project evaluation rests exclusively with the City's Development Services Director(or their designee). C. Community Design/Site Planning Features (1) Use of Smart Growth Principles The AQIP shall provide a qualitative discussion describing the effect community design can have on air quality in terms of site planning,transportation,and energy efficiency.The focus of this discussion is to elaborate the on the specific project features that were used in conjunction with the quantitative modeling requirements.The discussion should be project specific, referencing as appropriate,acreages, unit counts,distances,etc.A list of typical design features with general definitions will not be acceptable.Applicants that incorporate smart growth design features targeted at reducing vehicle miles traveled (VMT) are more likely to receive favorable scores during the initial quantitative modeling,thus reducing the potential for additional modeling efforts. Some examples of commonly recognized principles of smart growth projects are provided in Attachment A, Exhibit 3. (2) Project Consistency with CO2 Reduction Plan The AQIP shall provide a comparative evaluation of the project's community/site design and other features and how these serve to implement the applicable action measures contained in the City's Carbon Dioxide(CO2) Reduction Plan. Details regarding report content and format as well as a listing of the action measure to be evaluated are provided in Attachment A,Section 11.7.7. AQIP Rev 08.11 2015-01-13 AgendaPacke176 Fourth Avenue I Chula Vista I California 1 91910 1 (619) 6 91.5 101 I ��/� D e v e l o p m e n t S e r v i c e s D e p a r t m e n t /Tr Planning Division I Development Processing CITY CHULA V ISTA AIR QUALITY IMPROVEMENT PLAN (AQIP) GUIDELINES V (3) Compliance Monitoring The applicant shall provide a checklist to track and monitor implementation of all contributing aspects(mitigation measures,site/project design features,credit options) of the approved AIQP following the entitlement process. In order to track compliance with the project features contained in the AQIP,the checklist shall indicate the method and timing of verification,along with the responsible party to ensure the project features described in the AQIP are sufficiently implemented. A sample checklist format is provided in Attachment A,Section 11.7.9. IV.Credit Option for Building Energy Efficiency Ordinance Requirements The following discussion is intended for informational purposes only. Detailed provisions related to the calculation and application of credits are currently under development and subject to subsequent review and approval of City Council. As noted in the introduction, under the City's Energy Efficiency Ordinance (CVMC 15.26.030),all new buildings must exceed minimum energy efficiency requirements under the State's current 2008 Title 24 Energy Code.This includes future buildings in SPA Plan areas with AQIPs prepared pursuant to these AQIP Guidelines. In recognition that community design and other planning considerations made at the SPA level contribute to overall energy savings in new development, new SPA Plan areas (those approved subsequent to the adoption of Energy Efficiency Ordinance) may be granted a partial credit toward meeting the more stringent building energy efficiency requirements under CVMC 15.26.030,if the SPA Plan conforms to a set of progressive community/site design threshold standards evaluated as part of the AQIP. If the results of the additional quantitative modeling do not meet the progressive set of qualifying thresholds,the applicant must modify the project design in order to meet the qualifying scores, or the credit cannot be granted.Applicants that are successful in demonstrating that their SPA Plan or project has met the qualifying energy savings thresholds will be eligible to receive the energy savings credit at the time of building permit. Following the successful completion of the progressive modeling,the City's Development Services Director(or their designee) shall issue a written communication to the applicant confirming that the project is eligible to receive an energy savings credit towards compliance with CVMC 15.26.030.The applicant shall include this letter as part of the building permit application at which time the credit can be applied as appropriate. AQIP Rev 08.11 2015-01-13 AgendaPacke`ir76 Fourth Avenue I Chula Vista I California 1 91910 1 (619) 691.5101 I ��/� D e v e l o p m e n t S e r v i c e s D e p a r t m e n t /Tr Planning Division I Development Processing CITY CHULA V ISTA AIR QUALITY IMPROVEMENT PLAN (AQIP) GUIDELINES V ATTACHMENT A Required Content and Format for Air Quality Improvement Plans The following outline has been developed to direct the content and format of Air Quality Improvement Plans(AQIPs) prepared for all major projects residential projects(i.e.,50 or more dwelling units).Equivalent dwelling unit determinations for non-residential or mixed use projects with equivalent dwelling units(EDUs)to a residential project of 50 or more dwelling units are provided in Exhibit 1. Please note that the Section numbers have been predetermined in order to accommodate the formatting requirements for Sectional Planning Area (SPA) Plans.Major project's that do not require the preparation of a SPA Plan shall apply a conventional numbering system. 11.7.1 Executive Summary This section of the AQIP shall provide a brief summary describing the intent of the AQIP,the project's goal with regards to community site design,specific planning features incorporated to achieve project goals,and the effectiveness of community design as demonstrated through preliminary modeling of the proposed project. 11.7.2 Introduction This Section of the AQIP shall describe the need to prepare an AQIP pursuant to the City's Growth Management (CVMC I9.09.050B) and how the AQIP has been prepared based on best available design practices which,in turn,will serve to implement several of the key aspects of the City's CO2 Reduction Plan and Green Building and Energy Efficiency Ordinances, CVMC 15.12 and 15.26.030 respectively. 11.7.2a. Purpose&Goals This section will describe the purpose of providing an Air Quality Improvement Plan. Provide a brief explanation of the regulatory framework identifying the authority and scope of the various Federal,State,and Local jurisdictions with regards to improving air quality,increasing energy efficiency,and CO2 reduction.As it pertains to local plans and policy,the AQIP shall describe how the project fulfills the City's commitment to improving air quality through compliance with the City's Growth Management Ordinance,Carbon Dioxide (CO2) Reduction Plan,and adopted Green Building and Increased Energy Efficiency Standards. 11.7.3 Project Description The project description shall include land use information,acreage,number of housing units, unit types and mixed-use areas. The project description shall include a Site Utilization Plan illustration from the SPA Plan document or similar site plan illustration for those projects that do not file a SPA Plan. 11.7.4 Effect of Project on Local/Regional Air Quality This section shall provide a generalized discussion on the proposed projects potential short-term and long term effects on local and regional air quality,including the projects contribution to global climate change or global warming.The discussion shall describe the project's mobile and stationary emission sources and related criteria pollutants (including those associated with short-term construction and long-term implementation),effect of project emissions on local and regional air quality,and community/site design features and mitigation measures that have been developed to reduce the projects effect on air quality. 11.7.5 Quantitative Project Evaluation Option 1: INDEX PlanBuilder(INDEX) This section of the document shall summarize the results of the INDEX modeling performed for the project.The section shall contain a written description of the project attributes that were considered in the modeling and the effect each of them had in terms of improving air quality,and reducing energy consumption and CO2 emissions.This discussion shall be supplemented with a table (refer to Table A-1 below) comparing the project's INDEX scores to the threshold scores for each Key Indicator. Definitions for each of the INDEX key indicators is provided in Exhibit 2. AQIP Rev 08.1 1 2015-01-13 AgendaPacke`f76 Fourth Avenue I Chula Vista I California 1 91910 1 (619) 691.5101 I ��/� D e v e l o p m e n t S e r v i c e s D e p a r t m e n t /Tr Planning Division I Development Processing CITY CHULA V ISTA AIR QUALITY IMPROVEMENT PLAN (AQIP) GUIDELINES V ATTACHMENT A TABLE A-1: Summary of Quantitative Modeling Results Threshold Compliance Status Element Indicator Units Score' SPA Plan Score Y/N Land Use Use Mix 0-1 scale 0.10 Use Balance 0-1 scale 0.60 Neighborhood Completeness %of key uses 60 Housing School Proximity to Housing avg walk ft to closest 3,200 Transit Proximity to Housing avg walk ft to closest stop 2,900 Employment Transit Proximity to Employment avg walk ft to closest stop 2,600 Recreation Park Proximity to Housing avg walk ft to closest park 1,700 Travel Internal Street Connectivity cul-de- 0.70 Intersection Density intersections/sq mi 210 Pedestrian Network Coverage %of streets w/sidewalks 81.0 Residential Multi-Modal Access %DU w/3+modes w/i 1/8 40.0 mi Daily Auto Driving VMT/capita/day 22.0 (3Ds Methodology) Climate Residential Building Energy Use MMBtu/yr/capita 29.0 Change Non-Residential Building Energy MMBtu/yr/emp 19.0 Use Residential Building CO2 Ibs/capita/yr 4,800 Emissions Non-Residential Building CO2 Ibs/emp/yr 3,100 Emissions Notes: 1.The threshold scores have been rounded from the INDEX baseline neighborhood composite scores. Option 2:Alternative to INDEX As noted in the AQIP Guidelines,developers/applicants have the option to run an alternative program such as LEED ND, Community Viz, PLACE3S,etc. provided that the results can be translated to clearly demonstrate equivalent compliance with thresholds established through INDEX for each of the required Key Indicators. AQIPs prepared through alternative modeling programs must summarize the modeling results in a format similar that which is described in Table A-1 and contain an equivalency spreadsheet demonstrating,to the satisfaction of the Director of Development Services,that the that energy and air quality improvements have been achieved consistent with the thresholds established through INDEX. 11.7.6 Community Design and Site Planning Features This section shall describe the effect the project's community design and site planning features have on air quality in terms of transportation,energy efficiency,and CO2 reduction.The focus of this discussion is to describe the specific strategies that have been integrated into the project to create a sustainable community; highlighting those project attributes designed to reduce air quality impacts through a combination of site design features intended to promote walking and alternate travel modes (transit, bikes,etc.), reduce vehicles miles traveled and improve energy conservation. It is expected that this discussion be project specific, referencing as appropriate,acreages, unit counts, residential proximity to schools,transit facilities, parks, etc. Providing a generic list of community design and site planning features will not be accepted. For projects located within Otay Ranch,additional information related to the Otay Ranch General Development Plan (GDP) implementing policies and how they can reduce CO2 emissions is provided in Appendix C of City's CO2 Reduction Plan. 11.7.7 Chula Vista CO2 Reduction Plan This section the document shall provide a comparative evaluation between the project's community/site design features and the energy efficiency and emission reduction action measures contained in the City's Carbon Dioxide (CO2) Reduction Plan. The following table (Table A-2) contains action measures as identified in the CO2 Reduction Plan and shall be included in each AQIP to demonstrate how the project has been designed to help implement the action measure listed in the City's CO2 Reduction Plan. (Note:Action measures 1-5,and 17 will be implemented by the City and are not included in the table and do not need to be addressed in the AQIP) I I AQ8P Re 11 2015-01-13 AgendaPacka76 Fourth Avenue Chula Vista California I 91910 I (619) 691.5101 I ��/� D e v e l o p m e n t S e r v i c e s D e p a r t m e n t /Tr Planning Division I Development Processing CITY CHULA V ISTA AIR QUALITY IMPROVEMENT PLAN (AQIP) GUIDELINES V ATTACHMENT A TABLE A-2: Summary Project Consistency with CO2 Reduction Action Measures ❑ Project/Community Describe how project design Action Measure❑ Design Features will Implement CO2 Reduction ❑ Action Measures Measure 6(Enhanced Pedestrian connections to Transit):Installation of walkways and crossings between bus stops and surrounding land uses. Measure 7 Increased Housing Density near Transit: General increase in land use and zoning designations to reach an average of at least 14-18 dwelling units per net acre within'%mile of major transit facilities. Measure 8(Site Design with Transit Orientation):Placement of buildings and circulation routes to emphasize transit rather than auto access;also includes bus turn-outs and other transit stop amenities. Measure 9(Increased Land Use Mix):Provide a greater dispersion/variety of land uses such as siting of neighborhood commercial uses in residential areas and inclusion of housing in commercial and light industrial areas. Measure 10(Reduced Commercial Parking Requirements):Lower parking space requirements;allowance for shared lots and shared parking; allowance for on-street spaces. Measure 11(Site Design with Pedestrian/bicycle Orientation):Placement of buildings and circulation routes to emphasize pedestrian and bicycle access without excluding autos;includes pedestrian benches,bike paths, and bike racks. Measure 12(Bicycle Integration with Transit and Employment):Provide storage at major transit stops and employment areas. Encourage employers to provide showers at the place of employment near major transit nodes. Measure 13(Bike Lanes,paths,and Routes):Continued implementation of the City's bicycle master plan.Emphasis is to be given to separate bike paths as opposed to striping bike lanes on streets. Measure 14(Energy Efficient Landscaping):Installation of shade trees for new single-family homes as part of an overall city-wide tree planting effort to reduce ambient temperatures,smog formation,energy use,and CO2. Measure 15(Solar Pool Heating):Mandatory building code requirement for solar heating of new pools or optional motorized insulated pool cover. Measure 16(Traffic Signal&System Upgrades):Provide high-efficiency LED lamps or similar as approved by the City Engineer. Measure 18(Energy Efficient Building Recognition Program):Reducing CO2 emissions by applying building standards that exceed current Title 24 Energy Code requirements. Measure 20(Increased Employment Density Near Transit):General increase in land-use and zoning designations to focus employment- generating land-uses within'%mile of major transit stops throughout the City. AQIP Rev 08.11 2015-01-13 AgendaPacke176 Fourth Avenue I Chula Vista I California I 9 19 10 I (6 19) 691.5101 I ��/� D e v e l o p m e n t S e r v i c e s D e p a r t m e n t /Tr Planning Division I Development Processing CITY OF CHULA VISTA AIR QUALITY IMPROVEMENT PLAN (AQIP) GUIDELINES ATTACHMENT A 11.7.8 Credit Towards Increased Minimum Energy Efficiency Standards Detailed provisions related to the calculation and application of credits are currently under development and subject to subsequent review and approval of City Council. 11.7.9 Compliance Monitoring This section of the AQIP shall provide a written description and a checklist summarizing the project design features and mitigation measures that have been identified to reduce the projects effects on air quality and improve energy efficiency. The following checklist shall be completed with input provided by the City and included in the project AQIP to ensure the project features described in the AQIP are sufficiently implemented: TABLE A-3: Compliance Monitoring Checklist [insert project title] Air Quality Improvement Plan Compliance Monitoring Checklist Method of Verification' Timing of Verification Responsible Party 2 Project Consistency& ❑ Compliance ❑ Documentation3 TM Pre Cons Post Cons. Cons. Planning AQIP Project Design Features/Principles Mitigation Measure Building Green Building Standards Energy Efficiency Standards Notes: 1.Method of verification may include, but is not limited to, plan check, permit review,site inspection. 2.Identify the party responsible for ensuring compliance(City of Chula Vista,San Diego APCD,Other) 3.This column shall include all pertinent information necessary to confirm compliance including document type,date of completion,plan/permit number,special notes/comments,and contact information. AQIP Rev 08.11 2015-01-13 AgendaPacke176 Fourth Avenue I Chula Vista I California I 9 19 10 I (6 19) 691.5101 I ��/� D e v e l o p m e n t S e r v i c e s D e p a r t m e n t /Tr Planning Division I Development Processing CITY CHULA V ISTA AIR QUALITY IMPROVEMENT PLAN (AQIP) GUIDELINES V ATTACHMENT A - EXHIBIT 1 Examples of AQIP Equivalent Dwelling Unit Determinations The City's Growth Management Ordinance, requires an Air Quality Improvement Plan (AQIP) to be submitted with all Sectional Planning Area (SPA) Plans or major development projects consisting of 50 dwelling units or greater(or non-residential or mixed use projects with equivalent air quality impacts to a residential project of 50 or more dwelling units).The following equivalencies apply to non-residential or mixed-use projects: Commercial projects of 12 or more acres (or equivalent square footage).Applying typical height and site development standards from the City's commercial zones,equivalent building square footage for a 12-acre commercial project is 210,000 square feet. ■ Industrial projects of 24 or more acres(or equivalent square footage).Applying typical height and site development standards from the City's industrial zones,equivalent building square footage for a 24-acre industrial project is 420,000 square feet. Mixed Use projects with a cumulative threshold equal to that of 50 or more residential dwelling units. Using the example calculations provided below, mixed use projects with a score greater than 1.0 will be required to prepare an AQIP pursuant CVMC 19.09.0506. Example Mixed Use Calculations: Example 1:Proposed Mixed-Use Project Equivalency Calculation Residential: 20 dwelling units 20/50= 0.4 Commercial:8 acres 8/12 =0.67 Industrial: 0 acres 0/24 =0 Total 1.07 (Score > 1.0:AQIP Required) Example 2:Proposed Mixed-Use Project Equivalency Calculation Residential: 10 dwelling units 10/50= 0.2 Commercial:8 acres 8/12 =0.67 Industrial: 0 acres 0/24 =0 Total 0.87 (Score < 1.0:AQIP Not Required) Example 3:Proposed Mixed Use Project Equivalency Calculation Residential: 0 dwelling units 0/50 =0 Commercial:5 acres 5/12 =0.67 Industrial: 18 acres 18/24= 0.75 Total 1.16(Score > 1.0:AQIP Required) I I AQ8P Re 11 2015-01-13 AgendaPacka76 Fourth Avenue Chula Vista California I 91910 I (619) 691.5101 I ��/� D e v e l o p m e n t S e r v i c e s D e p a r t m e n t /Tr Planning Division I Development Processing CITY CHULA V ISTA AIR QUALITY IMPROVEMENT PLAN (AQIP) GUIDELINES V ATTACHMENT A - EXHIBIT 2 INDEX Indicator Definitions ELEMENT INDICATOR DEFINITION Land Use Use Mix Proportion of mixed or dissimilar developed land-uses among a grid of cells of user-defined size,expressed on a scale of 0 to 1. Includes vertical dissimilarity in mixed-use cells. Use Balance Proportional balance of developed land-uses,by land area,expressed on a scale of 0(low)to 1(high). Neighborhood Completeness Percent of the following key uses present inside the SPA:1)fire/police station,2)library, 3)park,4)school,and 5)general retail opportunities. Housing School Proximity to Housing Average walk distance from all dwellings to closest designated school. Transit Proximity to Housing Average walk distance from all dwellings to closest designated transit stop. Employment Transit Proximity to Employment Average walk distance from all businesses to closest designated transit stop. Recreation Park Proximity to Housing Average walk distance from all dwellings to closest public or private park. Travel Internal Street Connectivity Ratio of street intersections versus intersections and cul-de-sacs or dead-ending streets. Intersection Density The number of street intersections per square mile. Pedestrian Network Coverage Percent of total street frontage with improved sidewalks on both sides. Residential Multi-Modal Access Percent of dwellings within 1/8 mi.of three or more travel modes(bike,car,transit,or walk). Daily Auto Driving Average daily vehicle miles traveled per capita. Threshold value is used as the baseline (3Ds Methodology) score;proposed SPA plan value calculated from 3D Methodology indicator elasticities. *Street Network Density Density of streets in centerline miles per square mile. *Pedestrian Network Coverage Percent of total street frontage with improved sidewalks on both sides. *Street Route Directness Weighted average ratio of shortest drivable route distance versus straight-line distance, from residents and employees of developed parcels to central node destination. Climate Change Residential Building Energy Use Annual MMBtu per capita for residential structural energy use. Units in MMBtu/yr/capita. Non-Residential Building Energy Use Annual MMBtu per employee for retail,office,and general commercial building operations energy use. Units in MMBtu/yr/emp. Residential Building CO2 Emissions CO2 pollution emitted from residential buildings,including operations and embodied CO2. Units in Ibs/capita/year. Non-Residential Building CO2 Emissions CO2 pollution emitted from retail,office,and general commercial buildings,including operations and embodied CO2. Units in Ibs/capita/year. AQIP Rev 08.11 2015-01-13 AgendaPacke176 Fourth Avenue I Chula Vista I California 1 9 19 10 1 (6 19) 691.5101 I ��/� D e v e l o p m e n t S e r v i c e s D e p a r t m e n t /Tr Planning Division I Development Processing CITY CHULA V ISTA AIR QUALITY IMPROVEMENT PLAN (AQIP) GUIDELINES V ATTACHMENT A - EXHIBIT 3 Commonly Recognized Principles and Practices of Smart Growth EXAMPLES SMART GROWTH DESCRIPTIONS Transit-oriented development(TOD) Encouraging transit travel by developing moderate-to high-density housing,shopping,and employment centers at key access points along a regional transit system,with enhanced pedestrian access. Transportation Options(Multi-model Streets) Design streets to create balance for all modes of transportation,including pedestrians,bicyclists,vehicles and public transit Mixed-use development Development that locates complementary land uses such as housing,retail,office,services,and public facilities within walking distance of each other.This can include both vertical mixing(such as residential above shops)as well as horizontal- Pedestrian-oriented development. Providing a combination of land use and urban design elements that encourage and make people want to walk thereby creating pedestrian oriented neighborhoods. Developing concentrated activity centers Encouraging pedestrian and transit travel by creating"nodes"of high density mixed development,that can be more easily linked by a transit network Strengthening downtowns: Encouraging pedestrian and transit travel by making central business districts concentrated activity centers that can be the focal point for a regional transit system Sustainable Design Incorporate"Green Building"and/or energy efficiency techniques that can have a positive effect on building sustainability and resource conservation- Jobs/housing balance Reducing the disparity between the number of residences and the number of employment opportunities by directing employment developments to areas with housing,and vice versa. Landscape Design Incorporate landscaping in a manor that reduces heat islands and energy costs by providing shading and improves air quality by reducing/filtering common air pollutants(i.e.carbon sequestering). The smart growth strategies listed above are commonly recognized by organizations such as the Environmental Protection Agency(EPA), Urban Land Institute(ULI), National Association of Home Builders (NAHB),San Diego Association of Governments (SANDAG),and the Smart Growth Network. The Applicant may apply comparable principles and techniques from alternative sources that are deemed acceptable by the City.Additional information, fact sheets,case studies,and publications related to current smart growth design practices is available through the following organizations: EPA: http://www.epa.gov/smartgrowth SANDAG's "Designing for Smart Growth",January 2009: http://www.sandag.org NAHB: http://www.nahb.org ULI: http://www.uIi.org/CommunityBuiIding/RegionaILeadershipandCooperation/Smart%20Growth.aspx Smart Growth Network: http://www.smartgrowth.org AQIP Rev 08.11 2015-01-13 AgendaPacke176 Fourth Avenue I Chula Vista I California 1 9 19 10 1 (6 19) 691.5101 I ��/� D e v e l o p m e n t S e r v i c e s D e p a r t m e n t /Tr Planning Division I Development Processing CITY CHULA V ISTA AIR QUALITY IMPROVEMENT PLAN (AQIP) GUIDELINES V ATTACHMENT B INDEX Modeling Information and Administrative Procedures Step 1:City Review of Project Submittal Prior to initiating any quantitative modeling,the City shall review of the applicant's project submittal to ensure that the project represents the best available design to improve air quality and energy efficiency consistent with the City's Growth Management Ordinance,Municipal Code Section 19.09.050B,Carbon Dioxide (CO2) Reduction Plan,and Green Building and Increased Energy Efficiency Ordinances (CVMC 15.12,and 15.26.030, respectively).The City's initial review will focus primarily on community site design. Following the City's review,staff may suggest refinements to the proposal that may in turn result in more favorable modeling results. Step 2:Consultant Contracting The applicant shall have their project modeled in conjunction with the City's second review of the SPA Plan.The Applicant is responsible for the costs of retaining the consultant to perform the INDEX modeling services and may choose to either: 1) enter into a three-party agreement with the City and the consultant providing the INDEX modeling services or,2) contract directly with the consultant providing the INDEX modeling services. If the applicant chooses to contact directly with the consultant,then the applicant will be required to provide the City with cash deposit for third party independent review. Step 3:Submittal of Documents As part of the second draft SPA Plan review,the applicant must submit,to the City,the following project information in GIS Shapefile: IMPUT SHAPEFILE DATA TYPE IMPUT ATTRIBUTE Case(neighborhood) Polygon Regional Populationl Boundary Regional Employment2 Land Uses- (parcels) Polygon Land-Use Type Dwelling Unit Count Residential Population per DU(based DU type-MF or SF) Employment Count Employment Floor Area(sqft) Pedestrian Routes-(streets+ Line None off road pedestrian trails,freeways &ramps excluded) Points of Interest Point Interest Group(central node,amenity-typically grocery or school) Street Centerlines Line Street Group(functional class) Percent of Segment with Sidewalks Supplementary Land Uses Polygon Parcels with multiple uses that include the following:parks,schoolyards,and open space. Transit Routes Line Transit Group(bus,light rail,heavy rail) Route Number Transit Stops Point Transit Group(bus,light rail,heavy rail) Notes: 1,2.Regional census data can be obtained through SANDAG and must be provide through a separate spreadsheet. AQIP Rev 08.11 2015-01-13 AgendaPacke176 Fourth Avenue I Chula Vista I California 1 91910 1 (619) 6 91.5 101 I ��/� D e v e l o p m e n t S e r v i c e s D e p a r t m e n t /Tr Planning Division I Development Processing CITY CHULA V ISTA AIR QUALITY IMPROVEMENT PLAN (AQIP) GUIDELINES V ATTACHMENT B Step 4:Verification of Required INDEX Input Attributes Once the City has received electronic copies of all required project input attributes,the City will submit the project documentation to the consultant providing the INDEX modeling.The consultant will then review the submittal to verify that all required information has been provided and has been converted into a GIS format acceptable to run the INDEX model. Only after the City has received confirmation from the INDEX modeling consultant that all necessary material has been provided and is in the proper format,may the quantitative modeling may proceed. Step 5:Quantitative Modeling Based on the information submitted by the applicant,the consultant providing the INDEX modeling,will model the project thorough a selection of twenty key indicators that will measure the project's attributes and performance characteristics against the City's required minimum baseline scores. In order to deem the proposed project consistent with the City's adopted strategies for improving air quality and energy conservation,the project must demonstrate improvements at or beyond the City's performance threshold scores established for each of the key indicators. If the initial modeling results indicate that the project does not satisfy the City's minimum performance thresholds,the applicant shall refine/design the project accordingly,and have it reevaluated through the model until consistency with the established performance thresholds has been achieved. Step 6: Project Approval Upon successful completion of the INDEX modeling,the consultant providing the INDEX Modeling services shall provide written confirmation to the City's Director of Development Services that the project as proposed represents improvements at or beyond the City's performance threshold scores established for each of the key indicators. In the event that a project is unable to comply with all key indicator thresholds do to unique circumstances involving project design and/or pre-existing environmental/land-use conditions,the Developer/Applicant may request,in writing to the City's Development Services Director(or their designee),a waiver to exclude those key indicators that,in the applicant's opinion,are not applicable to their project.The discretion to exclude certain key indicators from project evaluation rests exclusively with the City's Development Services Director(or their designee). AQIP Rev 08.1 1 2015-01-13 AgendaPacke`f76 Fourth Avenue I Chula Vista I California 1 91910 1 (619) 691.5101 1 P l a n n i n g & B u i l d i n g D e p a r t m e n t CITY OF Planning Division I Development Processing CHULA VISTA Water Conservation Plan Guidelines Part One—General City Requirements The City of Chula Vista Growth Management Ordinance, Municipal Code Section 19.09.050C, requires a Water Conservation Plan (WCP) to be submitted with all Sectional Planning Area (SPA) Plans. If a SPA Plan is not required, a WCP is required to be submitted with Tentative Subdivision Maps. The Growth Management Program further requires that a Water Conservation Plan be submitted for major development projects, defined as residential projects consisting of 50 dwelling units or greater, or commercial and industrial projects with 50 Equivalent Dwelling Units (EDU's) of water demand or greater. (See Part Six for an explanation of EDU's.) The WCP shall provide an analysis of water usage requirements of the proposed project, as well as a detailed plan of proposed measures for water conservation, use of reclaimed water, and other means of reducing per capita water consumption from the proposed project, as well as defining a program to monitor compliance. Part Two—Water Conservation Plan Outline Water Conservation Plans shall be consistent with the format and content identified in the Water Conservation Plan Outline, Attachment A. Part Three— Residential Water Conservation Measures All residential projects subject to the WCP requirements shall provide the following conservation measures in all dwelling units as more particularly described in Attachment B: a. Hot-Water Pipe Insulation. b. Pressure Reducing Valves. c. Water Efficient Dishwashers. d. At least one outdoor water conservation measure from the Residential Water Conservation Measures list. e. At least one additional water conservation measure from either the indoor or outdoor categories identified on the Residential Water Conservation Measures list. f. Water conservation measures not found on the Residential Water Conservation Measures list may be proposed consistent with the provisions of Part Five below. Part Four— Non-Residential Water Conservation Measures All non-residential projects subject to the WCP requirements shall provide the following conservation measures as more particularly described in Attachment C: a. Hot-Water Pipe Insulation. b. Pressure Reducing Valves. c. At least one outdoor water conservation measure from the Non-Residential Water Conservation Measures list. d. At least one additional water conservation measure from either the indoor or outdoor categories identified on the Non-Residential Water Conservation Measures list. e. Water conservation measures not found on the Non-Residential Water Conservation Measures list may be proposed consistent with the provisions of Part Five below. 2015-01-13 Agenda NcEkefourth Avenue I Chula Vista I California 1 91910 (619) 691-5101 Page 212 City Of Chula Vista Water Conservation Plan Guidelines - Page 2 Part Five— Future Water Conservation Technology and/or Measures The Developer may submit a Water Conservation Plan containing alternate water conservation measures not found on the Residential and Non-Residential Water Conservation Measures list. The alternate water conservation measures must be accompanied by data confirming, to the satisfaction of the City, the water savings achieved by implementing the measures. The Director of Planning and Building or his/her designee will evaluate in his/her discretion the alternate water conservation measures for consistency with the objectives of the Water Conservation Guidelines. Alternate water conservation measures may be approved through the review and approval process for the Water Conservation Plan. Part Six — Using Equivalent Dwelling Units (EDU's) to Determine Water Conservation Plan Requirements for Non-Residential and Mixed Use Projects. The following water demand equivalencies apply to non-residential or mixed use projects: a. Commercial projects of 12 or more acres. b. Industrial projects of 24 or more acres. c. Mixed Use projects with a cumulative estimated water demand of 21,200 gallons per day. The average daily water consumption per household as estimated by the American Water Works Association Research Foundation is 424 gallons per day (gpd). Major development projects are defined as projects that use the equivalent water demand for 50 residences, or 21,200 gallons per day. Using an estimated water demand factor of 1785 gallons per day per acre for commercial land, and an estimated water demand factor of 893 gallons per day per acre for industrial land, a commercial site of 12 acres and greater and an industrial site of 24 acres and greater would be required to prepare WCP's. For projects with more than one use, the threshold for requiring a Water Conservation Plan would be a cumulative estimated project water demand of 21,200 gallons per day, based on these factors as approved by the City. Infill or redevelopment projects that provide information, to the satisfaction of the City, indicating the net water demand increase resulting from the proposed land use does not exceed 21,200 gallons per day will not be required to prepare a Water Conservation Plan. Adopted May 27, 2003 2015-01-13 AgendaPack&76 Fourth Avenue I Chula Vista California 1 91910 (6 19) 691-5101 Page 213 P l a n n i n g & B u i l d i n g D e p a r t m e n t CITY OF Planning Division I Development Processing CHUTA VISTA Water Conservation Plan Outline Attachment A The following outline sets forth the format and content of the Water Conservation Plan (WCP). The Water Conservation Plan shall provide an analysis of water usage requirements of the proposed project, a detailed plan of proposed measures for water conservation, use of recycled water, and other means of reducing per capita water consumption from the proposed project, as well as defining a program to monitor compliance. All SPA Plans must incorporate the following numbering system consistent with the master planned communities SPA plan outline. For projects that do not require a SPA Plan a comparable numbering sequence is to be used. (e.g. 11.8.1, 11.8.2 replaced with 1., 2.) SECTION 11.8 WATER CONSERVATION PLAN Table of Contents Abbreviations, Terms and Water Equivalencies 11.8.1 Executive Summary Provide a brief summary of the Water Conservation Plan. Particular emphasis is to be given to the water conservation measures identified for implementation in the project. 11.8.2 Introduction Identify the project and list goals of the project's Water Conservation Plan. 11.8.3 Purpose Describe the purpose of providing a Water Conservation Plan. Identify the authority and scope of the City of Chula Vista, State, and Federal regulations, where applicable. A brief explanation of how the project has addressed regulations is to be included. 11.8.4 Project Description Project description including land use information, acreage, number of housing units, unit types and mixed-use areas. Include the Site Utilization Plan illustration from the Sectional Planning Area (SPA) Plan document. 11.8.5 Water Service and Supply Identify the local water agency that will supply potable and recycled water to the project site. 11.8.6 Projected Water Use Potable Water Demand Summarize the potable water demand in a table based on land use type and projected residential density. Base the unit demand on data provided by the water purveyor. Recycled Water Demand Summarize recycled water demand in a table and identify recycled water use areas in the project using an illustration. Use the unit demand factor consistent with the water purveyor. Include land use, acreage, percent to be irrigated, irrigated acreage and gallons per day for all land use types within the project. 2015-01-13 Agenda Hdkef o u rt h Avenue I Chula Vista I California 1 91910 1 (619) 691-5101 Page 214 City Of Chula Vista Water Conservation Plan Outline Attachment A- Page 2 11.8.7 State and Federal Water Conservation Requirements List the Federal and State mandated minimum water conservation standards. 11.8.8 Local Water Conservation Requirements Description of local water conservation standards including requirements of the water purveyor and the City of Chula Vista Landscape Manual. Description of indoor water conservation measures as required by the Water Conservation Plan Guidelines and additional indoor and outdoor water conservation measures to be used in the project. (See Attachments B &C) Any additional water conservation measures to be offered by merchant builders as an option for homebuyers are to be included in this section. 11.8.9 Water Conservation Estimated Savings Total estimated potable water savings (gallons per day)for the project due to implementation of the additional conservation measures. 11.8.10 Implementation Measures List the water conservation measures to be implemented in the project and summarize the water conservation program including any efforts involving merchant builders, local water purveyors the City and any other public or private agencies. 11.8.11 Monitoring Summarize the implementation timing for each water conservation measure including the responsibility for monitoring and reporting on the effectiveness of the measure if applicable. References Appendix Adopted May 27, 2003 2015-01-13 Agenda Ndkefou rth Avenue I Chula Vista California 1 91910 (619) 691-5101 Page 215 P l a n n i n g & B u i l d i n g D e p a r t m e n t CITY OF Planning Division I Development Processing CHULA VISTA Residential Water Conservation Measures Attachment B All residential units subject to the Water Conservation Plan requirements shall contain the following three indoor water conservation measures: Savings & Costs data are estimates based on the Water Use Efficiency, Strategies for Proposed Residential Developments, April 2002 report and are provided for information only. 1. Hot Water Pipe Insulation Insulation of hot-water pipes, and separation of hot and cold water piping to avoid heat exchange. Savings & Costs Water savings - 2,400 gallons per residential unit per year. Estimated cost of insulating hot water pipes during construction -$50.00. 2. Pressure Reducing Valves Pressure reducing valves maintain the pressure below 60 psi reducing the volume of any leakage present and preventing excessive flow of water from all appliances and fixtures. Savings & Costs Water savings - 1,800 gallons per unit per year. Estimated cost of pressure reducing valves -$100.00. 3. Water-Efficient Dishwashers Dishwashers with water saving features such as water level sensors instead of timed fillers. The website <www.energystar.goy/products/dishwashers/> may be consulted for a current list of Energy Star label dishwashers. Savings & Costs Water savings—650 gallons per unit per year. Estimated cost of water efficient dishwashers $300.00 to$700.00. All residential units subject to the Water Conservation Plan requirements shall contain at least one outdoor water conservation measure and at least one additional water conservation measure from either the indoor or outdoor categories. Outdoor Water Conservation Measures 1. Evapotranspiration (ET) Controllers Timed, fixed irrigation scheduling based on estimates of actual plant evapotranspiration rates. Radio signal from a central control station or satellite transmits information to the controllers to operate the sprinklers for the appropriate length of time. Savings & Costs Water savings —20,000 gallons per single-family unit per year. The cost is estimated to be $175.00 per installed controller and may require a signal and maintenance fee, estimated to be$48.00 per year. 2015-01-13 Agenda Pidkefourth Avenue I Chula Vista I California 1 91910 1 (6 19) 691-5101 Page 216 City of Chula Vista Water Conservation Plan Attachment B - Page 2 Outdoor Water Conservation Measures (cont.) 2. Water-Efficient Landscaping Use of drought tolerant plant materials, irrigation systems, and controllers as required by the Chula Vista Landscape Manual. In addition, the use of drip irrigation where possible and restriction of sprinkler irrigation as recommended by the water purveyors. Savings & Costs Water savings — Up to 50% of outdoor water use. For a 2,100 sq. ft. landscaped area a water savings of 12,000 gallons per year is estimated. The cost of water efficient landscaping is no different than conventional landscaping, possibly lower. 3. Xeriscape Xeriscaping is a combination of seven principles, planning and design, practical turf areas, efficient irrigation, soil analysis and improvement, mulching, low water use plants and appropriate maintenance. Savings & Costs Water savings—30% reduction in irrigation demand or about 16,000 gallons per year on a typical single-family lot. The cost of xeriscape does not exceed conventional landscape. 4. Soil Moisture Sensors Soil moisture sensors placed at two or more depths and at several locations in the landscape to help determine when the soil is dry enough to require irrigation. Savings & Costs Alone, soil moisture sensors do not achieve water savings. However, in combination with other systems they are important tools for water savings. The cost of each sensor is approximately$235.00 and it is estimated that one or two soil moisture sensors are sufficient for a typical single-family lot (sunny and shady areas of landscape). Indoor Water Conservation Measures 1. Dual Flush Toilets Provides option to flush with partial (0.8 gallon)flow of water or with a full (1.6 gallon)flow depending on need. Savings & Costs It is estimated that a dual-flush toilet can save 4,000 gallons per year. Estimated cost of dual flush toilet - $200.00. 2. High-efficiency Washing Machines Front loading and top loading Energy Star qualified clothes washers that use 35% to 50% less water than conventional washing machines. A current list of Energy Star high efficiency clothes washers can be found at <www.enerqVstar.gov/products/clotheswashers/>. Savings & Costs Water savings—7,000 gallons per year. Estimated cost of high-efficiency washing machine$800.00. 3. Point-of-Use, or Tank-less Water Heater Installation of small water heaters close to the point of use, such as in bathrooms, kitchen and laundry area. Savings & Costs Water savings - 5,300 gallons per residential unit, per year. Estimated cost of point-of-use water heaters - $700.00. (The cost is approximately the same whether one large household unit is installed or three smaller ones at each point of use.) Optional Water Conservation Measures • Education Program including educational materials and guidance to new homeowners. • Submeter all individual tenants in multi-family projects. • Install waterless urinals in intensively used settings such as recreation areas and school sites. Adopted May 27, 2003 2015-01-13 Agenda Pidkefourth Avenue I Chula Vista California 1 91910 (6 19) 691-5101 Page 217 P l a n n i n g & B u i l d i n g D e p a r t m e n t CITY OF Planning Division I Development Processing CHULA VISTA Non-Residential Water Conservation Measures Attachment C All Non-Residential uses subject to the Water Conservation Plan requirements shall contain the following two indoor water conservation measures: 1. Hot Water Pipe Insulation Install insulation on all hot water pipes in all common areas and all tenant-developed areas. 2. Pressure Reducing Valves Provide pressure reducing valves at all meters, set to deliver water at no higher than 60 psi. All Non-Residential uses subject to the Water Conservation Plan requirements shall contain at least one outdoor water conservation measure and at least one additional water conservation measure from either the indoor or outdoor categories. Outdoor Water Conservation Measures 1. Water Efficient Irrigation System Use of rain sensors, and soil moisture measuring devices for scheduling and controlling all landscape irrigation programs in commercial, industrial and business centers including tenant areas. 2. Evapotranspiration (ET) Controllers Timed, fixed irrigation scheduling based on estimates of actual plant evapotranspiration rates. Radio signal from a central control station or satellite transmits information to the controllers to operate the sprinklers for the appropriate length of time. 3. Water-Efficient Landscaping Use of native vegetation and drought tolerant plant materials, avoiding grass and turf to the extent practical and use of irrigation systems and controllers as required by the Chula Vista Landscape Manual Use. In addition, the use of drip irrigation where possible and restriction of sprinkler irrigation as recommended by the water purveyors. 4. Recycled Water Expand use of recycled water beyond areas mandated by the water purveyor to those areas where landscaping is within a reasonable reach of recycled water pipelines, to the extent that such use is acceptable to regulatory authorities. 5. Outdoor Garden Sales All tenants with outdoor garden sales areas to install micro-irrigation systems (trickle or drip irrigation) and provide water conservation educational materials for customers. Indoor Water Conservation Measures 1. Dual-Flush Toilets Install dual-flush (ULFT)toilets in public restrooms including gas station restrooms. 2. Waterless Urinals Install waterless urinals in public restrooms (men's rooms) including gas station restrooms. 2015-01-13 Agenda NcEkefourth Avenue I Chula Vista I California 1 91910 1 (619) 691-5101 Page 218 City Of Chula Vista Water Conservation Plans Attachment C - Page 3 Indoor Water Conservation Measures (Cont.) 3. Pre-Rinse Sprayer on Sinks Install automatic shut-off sprayer for pre-rinsing dishes with a maximum flow rate of 1.6 gpm in all restaurant and fast- food units. 4. High-Efficiency Dishwashers Install high-efficiency dishwashers in restaurant buildings. 5. Air-Cooled Ice Machines Install air-cooled ice machines instead of water-cooled machines in restaurants. 6. Conductivity Meters Install conductivity meters on cooling towers to regulate cycling of cooling water and chemicals. Optional Water Conservation Measures • Submeter all individual tenants in buildings. • Provide educational materials and guidance to tenants. Adopted May 27, 2003 2015-01-13 Agenda Ndkefou rth Avenue I Chula Vista California 1 91910 (619) 691-5101 Page 219 APPENDIX C — PUP Requirements Public Facility Finance Plans (PFFP) Requirements A Public Facility Finance Plan (PFFP) is a document that details infrastructure requirements for particular projects, and how the improvements will be funded. The Chula Vista Municipal Code (19.09.080) requires Public Facilities Finance Plans (PFFPs) for Sectional Planning Area (SPA) plans and Tentative Maps; they are also be required for development proposals of 50 dwelling units or more, and commercial or industrial projects with 50 equivalent dwelling units (EDUs) or greater. I. Initiation and Preparation Typically, PFFPs have been prepared early in the development review process, at the time a SPA plan is prepared; or, if no SPA is involved, as a part of the Tentative Map application. In some instances, the city may choose to incorporate the PFFP into other documents that meet the basic policy and technical requirements of a PFFP. For example, a PFFP could be incorporated into a Specific Plan or an area- specific financing plan sponsored by the city. In some instances, the city will sponsor preparation of a PFFP; for example, when the geographic coverage involved encompasses a large area with multiple landowners and no single development project. The procedures for such city-sponsored PFFPs will be similar to developer-sponsored PFFPs. Adoption of a PFFP does not establish any entitlement or right to any particular General Plan or zoning designation, or any particular development proposal. A PFFP may be initiated by filing an application with the Director of Development Services. The applicant shall pay a deposit at the time any application for a PFFP is accepted, and the PFFP shall be prepared by the city, or a consultant selected by the city (which is typical), according to the procedures established. In some instances, developer cooperation in the preparation of PFFPs (e.g., infrastructure design and cost estimating) is acceptable. In the case of a city-prepared PFFP, the city may recover the cost of PFFP preparation by adding the cost to the impact fees (or other financing mechanisms) created to fund the required public facility improvements. II. Content PFFP content requirements are outlined below. A. A PFFP shall include a complete description of the proposed development project and a complete description of all public facilities included within the boundaries of the plan, as defined by the Development Services Director. It shall also include a description of the individual and cumulative impacts of the proposed development on the community as it relates to the Growth Management Program, the specific facility master plans and the threshold standards. B. The PFFP shall consist of maps, graphs, tables, and narrative text and shall be based upon the General Plan and zoning applicable within the area of impact. It shall be consistent with the Growth Management Program and threshold standards and shall implement the Growth Management Program within the area. 1 2015-01-13 Agenda Packet Page 220 APPENDIX C — PUP Requirements C. The boundaries of the PUP shall be established by the city at the time a SPA plan or Tentative Map is submitted by the applicant. The boundaries shall be based upon the impact created by the project on existing and future need for facilities. The project boundaries will correlate the proposed development project with existing and future development proposed for the area of impact to provide for the economically efficient and timely installation of both on-site and off- site facilities and improvements required by the development. In establishing the boundaries for the PFFP, the city shall be guided by the following considerations: 1. Service areas or drainage or sewer basins that serve the project; 2. Extent to which facilities or improvements are in place or available; 3. Ownership of property; 4. Project impact on public facilities relationships, especially the impact on the city's planned major circulation network; 5. Special district service territories; and 6. Approved fire, drainage, sewer, or other facilities or improvement master plans. D. The boundaries shall be established by resolution after a public hearing, notice of which is given pursuant to CVMC 19.12.070. E. The PUP shall show how and when the facilities and services necessary to accommodate development within the area will be installed or financed: 1. Police; 2. Fire/Emergency Medical Services; 3. Schools; 4. Libraries; 5. Parks and Recreation; 6. Water; 7. Sewer; 8. Drainage; and 9.Traffic; F. The PUP shall include the following information with regard to each facility and service listed in Section E, above: 2 2015-01-13 Agenda Packet Page 221 APPENDIX C — PUP Requirements 1. List of Facilities and Services. A list or schedule of facilities and service requirements correlated to individual development projects within the area. 2. Inventory. An inventory of present and future requirements for each facility and service based upon the threshold standards. The inventory shall include life cycle cost (LCC) projections for each element in Section E, above, as they pertain to city fiscal responsibility. The LCC projections shall be for estimated life cycle for each element analyzed. The model used shall be able to identify and estimate initial and recurring life cycle costs for the above elements. Because requirements for certain facilities and services may overlap plan boundaries, the plan shall address the need for coordination and shall propose a coordination plan for facilities and services extending from one project boundary area to another. Cost estimates for funding public facilities and services directly related to the impact created by the project as well as for proposals for funding existing deficiencies required by the project prior to the phasing schedule set forth in the Growth Management Program shall be included. It must be shown that development in the area will not reduce the existing facilities or services capabilities within the project boundaries or create facilities or improvements shortages in other areas or reduce capability in any area below the threshold standards, which are established pursuant to CVMC 19.09.040-050. The growth inducing impact of the out-of-area improvements shall be assessed and mitigation provided, if appropriate, to the satisfaction of the city council. 3. Phasing Schedule. A phasing schedule that complies with the adopted development phasing policy as set forth in the Growth Management Program and the threshold standards, which establishes the timing for installation or provision for facilities and services required by the project. The phasing schedule shall ensure that development of one area will not utilize more than the area's pro rata share of facility or service capacity within the projected service area of a facility unless sufficient capacity is ensured for other areas at the time of development.The phasing schedule shall include a schedule of development within the area and a cash flow analysis for financing of facilities and services for the PUP area. The phasing schedule shall identify periods where the demand for facilities and improvements may exceed the capacity and provide a plan for eliminating the shortfall. If a project cannot demonstrate consistency with the phasing schedule, the PUP must demonstrate, to the city's satisfaction, how facilities required for the project in advance of the phasing schedule as set forth in the master plan will be provided. If no facility master plan or threshold standard exists for a particular facility, the PUP for the project must demonstrate how that facility will be provided and financed in a phased and timely manner. 4. Financing Plan. A financing plan establishing specific methods of funding each facility and service identified in the PFFP, which allocates the cost to the various properties within the plan area. The plan shall identify those facilities and services that would otherwise be provided as a requirement of processing a development project (i.e., requirements imposed as a condition of a development permit) or provided by the developer in order to establish consistency with the General Plan, Growth Management Program or facility master plans, and those facilities and improvements for which new funding methods shall be sufficient to ensure that funds are available to construct or provide facilities or services when required by the phasing schedule for the project. Where facilities or services are required for property within the PUP area, other than the project, the phasing plan shall identify those 3 2015-01-13 Agenda Packet Page 222 APPENDIX C — PUP Requirements other properties and the PUP for each property shall be coordinated. Coordination, however, shall not require identical funding methods. G. The PUP shall establish the proportionate share of the cost of facilities and services identified in the Growth Management Program and the facility master plans attributable to the development of each property in the PUP area. H. In the event that an applicant provides private financing for public facilities or services to service a project in advance of the normal time frame for constructing such facilities, the approval of credits against any city fees for such advanced private financing may be postponed until the estimated time of such construction as specified in the specific facility master plan or the city's capital improvement program budget. In lieu of a facility master plan phasing schedule, such determination shall be made by the city council after reviewing information from the Development Services Director, City Engineer, Finance Director, and Deputy City Manager. In no event shall a developer receive interest on funds for providing public facilities or services in advance of the city's schedule. The developer shall also become responsible for the maintenance and operation costs associated with the early construction of said facility. No repayment will be made to the developer for the funds provided for maintenance and operational costs. All repayments will be considered in accordance with the city's projected construction dates for said facilities. I. Assessment districts requested by the developer shall not be given credit for facility fees when a facility is constructed above the standards established by the respective facility master plan or standards imposed as conditions on the approval of the project by the city council. J. A fiscal analysis/economic impact report shall be provided identifying capital budget impacts on the city as well as maintenance and operation costs for each proposed phase of development. The report shall include an analysis of the project impact on school districts and water agencies as well as the life cycle analysis set forth in Section F.2, above. Each year during the development of the project, the Development Services Director may require the applicant to provide the city with an updated fiscal impact report reflecting the actual revenue and expenditure impacts based upon the development of the project. The project shall be conditioned to provide funding for periods where expenditures exceed projected revenues. K. Developer contributions shall not be required as a source of funding for that proportion of the cost of any facility or service that is needed to reach threshold standards due to the demands created by existing development. (Ord. 2790, 1999; Ord. 2448 § 2, 1991). III. Public Facilities Finance Plan Amendment The City Council may initiate an amendment to any PUP at any time if, in its discretion, it determines that an amendment is necessary to provide adequate facilities and improvements, and subsequent permits will be conditioned on conformance. An applicant can also initiate an amendment to a PUP that was originally adopted for their project, following the same procedures as those for establishing a new PFFP. 4 2015-01-13 Agenda Packet Page 223 ATTACHMENT.2 � I �� l� Chapter 19.09 GROWTH MANAGEMENT Sections: I19.09.010 Purpose/and-ilntent. Policies and Findinos. 19.09.020 Defini6ons. •a 19.09.030 Growth mNlanagement �Program Implementation Manua�. �` 19.09.040 Qaal+iy ef-li€e-tThreshold sStandards for Citv Facilities and Serv'ic*e�s`. 19.09.050 Threshold Standards for External Facilities and Serw"�`'ces. "�� 19.09.0�60 Amendments and Suoplemental Threshold Standards. � � � .r.. �� \* � � A� �• 19.09.0670 Moratorium on Buildinq Permiis Allowed.-�ub4iG{asE4E#+ � '" r�ser�Fents: §i'"�.. 19.09.0�80 Requirement for�ublic #Facilities #Finance,�gPians(PFFP..). Air Qualitv Improvement �5� k}v' Plans and VJater Conservation Plans 19.09.0�90 �ublic€Facili6es #Fnanc�Flan (PFFP) Cont�� 19.09.91900 Public#Facilifies €Fnance �Pal n (PFFP�Rreparation.implemeaFaEiert- 19.09.1910 Public #Facilities tFnance �PIan�FP Review.��^^^�T�^^^' � 19.09.1�20 Public Facilities Finance Plan(PFFP) Imolementation. 19.09.1�30 FUbIic:F.aciltiies Finan�ce Plan (PFFP)Amendmeni.°v°^°:^^° ^'^^^.^^^.^,.^'° 19.09.1� E eoUOn�s`cand Exdusions.n�''^^`'^^ `^ ^ .'^^^ ^ ^^`n0 �^^'','^° .^ •^�' �,.^^„ , „- >�� 19.09.1450��qsions> t Prior Aoprovals. *�� '�� 19.09.7'3ti0 Otili al'ibn to Pa Fees or Install Facilities Re uired b An Other Law.Geunsil � ' ��T�^ r�.,��T.,o.��.- ..,.,�,.e . �`•� � � 19.09�670 lmolementinq Procedures�everabilify. �� 19.09.1'�80 Council Actions. Fees. Notice.�^^'''', �^^°'^•^'^^ •^f�•^^^° �'^^ �^°^'° 1�9 '4+` 090 190 Severabilitv. 19.090.200 Facilitv Master Plans. 1 i : - - 19.09.010 Purposel-ar�dalntent, Policies and Findinqs. A. Puroose/Intent The purpose and intent of this chapler is to' 1) Implement the policv framework established bv Chula Vista's General Plan for Chula Vista's Growth Manaqement Proqram 2)Codifv threshold standards desiqned to assure that as new development occurs public facilities infrastructure and services will exist or concurrentiv be provided to meet the demands qenerated bv new development and service levels tot''2�x��istinq residents will not be reduced and 3) Establish administration and compliance mechanisms. �� B. Policies � ,�� ,�4 It is the policv of ihe citv of Chula Vista to: �'�'^'��+ ��, �. �� >. :c�.'+�•�,�Z^�. '^.�.� �� ,.,. ,:� � \�• �r„�;� 2-P-r- , '�� ,,.��,,, . �ae..�..i ,. ,.v��,,. ,.�., �>�. �:� � ,� �: � '�, ?� �, �, �a � ��a �„ a� �i� r� �''y � . .... . _ ..__ - -- - -� ._.. __ _� .._. , �� 1 Provide that oublic facilihes ulfrasVucture a�nd services meet the threshold standards set forth in this � �a� cha ter and are rovided i�dvance:of or concurrent with the demands created b new develo ment �� 2 Assure that individual•de�elopm2nt proiects measure potential impacts upon public facilities infrastructure ia r ti and services and proviiie a p�an�for fundinq improvements needed to meet the threshold standards set forth in ; '+Y ��, this cha�e T�� $�,. 3. P�ov'ide qualitWFiousinq opportunihes for all economic seqments of the communitv' 4 Provide a'tiala'nced communitv with adequate commercial. industrial recreational and ooen space areas to ,�. support the residential areas ot the citv; 45. Balance the reqional housing needs ^f'��^ �°^.^o..^�.gainst the public service needs of Chula Vista residents and available fiscal resources. and-environmental constraints. •°°.��and qualitv of life considerations; 56. Provide that all development is consistenl with the Chula Vista general plan; 2 i 67. Limii or Rprevent grewihadditional develooment ^�.�-if public facilities. infrastructure and services;,;,�:^��,�.:T meetinq the threshold siandards sei(orth in this chapter are not rovided in a timelv. phased and logical mannerfashier�,as required by the gGene�al sPlan; 8_ConVol the timing and location of development by tying the pace of development to the provision e#that public facilities. infrastruciure and services#a�3reveraeais-Faconform to the city's threshold standards,and to meet the goals and objectives of the QGrowth raManagement pProgram; � 9. Promote orderlv revitalization and redevelooment of older portions of the citv. irtcludinq�=Ur�b ore and � � the commercial corridors: � � �10. Provide that the air quality of the city of Chula Vsta is maintained?consisteni wiih aopl�'�cab� siandards'�^ � '.^^� ^ '°''^ ^^�',^ � �k�� ..�� -r � � r.--�� 911. Reauire developmen�'conserves w�a��te�c so that an adequate supply .�__ isbe mainiained to serve the needs of curte�i ail�ii:ii:fctcSi�c�iS. � �� C. Findings. The city council of the city of Chulai�sfa hereby find� '{ �� ,+ � �� , . . �_ � � . �� . �-�� _ �� ._ :� . 1 New developmeni creates incremen'al demands for public facilities infrastructure and services provided bv the citv and oiher public aoencies servinq ihe area: 3 i - 2 New development demand for public facilities infrastructure and services if not concurrentiv met with expansion of public facilities infrastructure and services would resul�in facilitv and service shortaqes includinq but not limited to streets schools libraries and qeneral qovernmental facilities. These shortaqes would be detrimental to the public health safetv and welfare of the citizens of Chula Vista' 3 The cdv has adopted and reqularlv updates facilitv master plans to ensure adequate Infrastructure and services will be avadable to support the build-out demands of the adopted General Plan� f:+:'�'. 5x?1. ?y �'�'ub.l�'��.:R . 4 Since 1991 the citv has maintained a qrowth manaqement ordinance to achieve the "Puroose outlined in "A" above and has adopted a varietv of related fee and fundinq proqrams to ensure'�that qublic improvements . �,;�'f.Mt ..,,�::?' ,,..i,� keep pace with qrowth. �'��wr �,�'`�� '+' �^Si�%� 5 Chula Vista's adopted General Plan includes provisions requirinq'facihties and services in advance of or ,z ``;P� concurrent with,qrowth. ¢, r �A�„��n�, � 'ijr �'aa14GS� ,..�„ .� �6. Prohibiting aew or limitinq development unless adequate`{5ublic'fSCiliti�s,infrastructure and services are �,,�.,,°.:,. f'9. 'SC"�` available in advance of. or concurrent4y with. development is consistent,,with the city's policy to provide housing �'� "��. '.- opportunities for all economic seqmentssecleFS of the community, because sufficient opportunities for new housing continue to exist within the city,and this chapter does�,not affect the number of houses which may be ;�' ' built. In addition, development of housing for low,-,and moderate-income persons and families would most likely �+;F,m. a°°g�" occur in areas of the city thatwhisl3 are designated for highest development priority. �`f �;t�"»=�" �:��. 47. Adoption of this chapter will!not ad4ersely affect the regional welfare. By providing that adequate and safe �P�, :i�,.�;„^ public facilities. infrastructure and�servicesii�evemeais will exist to serve all of the development in Chula f.��''"�� "i�� Vista, and because=many o�hese faalities and improvements are used by persons residing in neighboring �� ,� :; areas and cities, the public�healtFi�safety and welfare of the whole region is enhanced. .�-,`'r.�: ":�g;�' �� k... �rjYa, v� L. .iyV�µ"�''I' .�I ,4�� 'f L. /.. �h.. n 1ho{'.. ..I� e.l n fl�� n �fVi �2��a(��B�Fam ,,,�r,A' r�,Sp � � o , .. :titi v ide�te-accom ards, 4 . i 68.This chapterwill further the policies_, set forth above, �^�+ •'0 �^'^ ^''�^'^-�� h� ^ ��^ f�^�'�, ��^�'^^^° '-'^^'''^�' ^�^„^ by; a�requiring identification for e€-all public facilities. infrestructure and services�evemeaFS-required fefias a result of development;;�by-prohibiting or limitinq development until adequate provisions for the public facilities infrastructure and services::..�,�-are made within the city, as herein provided,;and cZby-giving development priority to areas of the ciry where public facilities, infrastructure and �^..:�°services are already in place. (Ord. 2448 § 2, 1991) 9. The ciN has influence upon, but not control of. the actions oi other public aqencies in�d:in:orovidinq � �services to the residents of Chula Vista. indudinq school districis and water servic�ourvevors� �� 19.09.020 Definitions. „ Whenever the following terms are used in this chapter, they shall h�ve th meaning estabfi h d by this section unless from the context it is apparent that another meaning is.intended: _y� � `d . �"�. .!�'s� A. "Air Qualitv Improvement Plan"(AQIP)means a proiect-specrfic Air Qualiiv�lm�rovement Plan orepared and �� approved in accordance wiih CVMC 19.09.080. and Appendix A of ihe Growfh Manaqement Proqram Implementation ManuaL �j�� B_"Available faciliry and service capacity'shall be determin��the diresier--e�Develooment Services Directo , using generally accepied pla�g standards and criteria, including the threshold standards set forth in this chapier°^'��"^�.. �^'�rt,. Speafic facility service capacity shall be detertnined by subtracting from the total capaciry for��pecif�i'c`f�-acil�-ity service the demand of existing development plus the demand that will be created by approved il�e"v�elo��n� ' @C. "Developed areas of t�"�mea s those areas of a predominantiv urban charecier where development has alreadv_occur�d and oblic'fa ilities. infrasiructure and services servinq that development are in place. .� � D."De elopment"'meansany land use, building or other alteretion of�and and construction incident thereto. �� E. "Develoo eni-Services DirecioT or"DirectoP means the Direcior of the citv's Develooment Services v Department or iheir desiqnee. 6F. "Discretionary planning approval" means any permit, entitlement or approval issued under the authority of the zoninq and subdivisiont#�fs titles of ihe Chula Vista Municipal Code(CVMC), and any Iegislative actions such as zone changes, gGeneral pPlan amendments, sSectional �Planning aArea S( PA)olans or gGeneral dDevelopment aPian approvals or amendments. 5 i . G "Extemal public facilities and services" means the threshold standard topics that pertain to facilities and services provided from outside the citv such as schools water and air qualitv. 9H. "Facilities" means any schools, public safetv facilities infrastructure civic buiidinas�s corporation yards,eFpark/recreational areas or structures providing for fire, libraries, traffic controls, streets and highways, including curbs, gutlers and sidewalks, bridges, overcrossings, street interchanges,flood control or storm drain facilities, sewer facilities,water facilities, lighting facilities or other governmental services,Zrequired to be �.;, identifed in a �Public SFacilities#Finance�Plan. 4`'•*� "�;;;,�?'��a4 M�p �''V'v°ye°�r h-.:.A „',�y4�&� V. .�.{n I "Facilitv Master Plan" means anv adopted master plan for future facilitv needs for services assoaated with , ,.�K^t1��'* ,`�Vi�� the Growth Manaqemeni Proqram's threshold standards includinq but not limited to sewer drainaqe water :;;', r�, `"+,�p�`r°' police fire and emerqencv services libreries and parks �'� �,� €J. "Facili and service capaa means the maximum amount�of de ( x �� :,�a-�, .?.h t�v'�LL� '4. ty ty^ velopment which could take place prior to ?;,s �,�.w ,� increasing the number or size of a facility or the level of service as'determined by;applying the appropriate v�}°: q,5..,, threshold standard. "''.'; "'`: � M'. i;�r, , �� tih,�4 '1+� €K. "Growth raManagement�Program Implementation'Manuai means a plan prepared and approved .��.., ��l::ro according to CVMC 19.09.030,which establishes compliance"witR the threshold standards, as provided in v CVMC 19.09.040 and 19.09.050. � `��'�� ,�;J' � �� L "Moratorium" means buildinq pe�mits will not be issued for an area that has been identified as havinq a direct causal relationship to a spe fied thrVnes iold standard failure Cdv council must make specific findinqs and follow � � �� LS::. `�Y'i� specific procedures as �rovided in:CVMC 19.09.070. �`r.,- � �, '�t;; Ywe�7 `��r r.�"t =��a-„ 6M. "ProjecY' means the activity for;,•.which either an application for a sSectional pPlanning aArea(SPA)plan,eF �,.��r;�.::.m "�'�;\ �i�'�.F"� a tTent�ative'faMap (TM) a Conditional Use Permit(CUP), or a similar activitv has been or is required to be �'�. � �� submitted and wfiich may�be subject to discretionary approvals by the city �`�*v { klN. "Publi�cilities`�finance plan (PFFP)" means a project specific pPublic#Facilities fFinance�Plan prepared � and approved in accordance with CVMC 19 09 0�80 throuqh 19.09.130 and Appendix C of the Growth Manaqement Proqram Implementat�on Manual. d0. "SPA plan" means a sSectional pPlanning aArea plan. as prescribed in CVMC 19.48. 6 . i P. "Statement of Concem" means an imolementation measure the Growth Manaqement Oversiqht Commission (GMOC)mav issue in its annual report: 11 for an external public facilities and services ihreshold standard. to hiqhliqht what action the ciN can take in order to solve a specified issue and encouraae further or additional inier-aqencv cooperation/coordination. There mav also be a recommendation for the issuance of correspondence or a resolution bv the citv council to the extemal aqencv. if the situation so warrants. as determined bv the GMOC: or 2)for a threshold standard ihat is currentiv failinq or forecasted to fail. and mav include elements dealinq with ciN manaqement and orqanization. budqet priorities. and��onsiveness to previous GMOC requests: or 31 in response to an overall or qeneral qualitv of life consid�e ationt�e pective to "ri � whether a oarticular ihreshold standard has been exceeded. or if it is a non-qrowth-related issue. It can offer a findinq or make recommendations reqardinq citv manaqement. orqanization and budqe�t�priorities� KQ. "Substantial compliance'means performance meeting the intentyo�arties with res�the obligations imposed pursuant to the PFFP. (Ord. 2448§2, 1991). , � � R. ." " Threshold standards"�ns.those 6�a n standards identified in CVMC 19.09.040 and 19.09.050 specifying the fac�lit�s and services r�d to support the present and future needs of the city. � �.3 , - ,�,� S. "Transoortation Monitorinq Proqram(TMP)" means the technical analvsis of traffic operation on all urban and �' suburban arterials with averaqe weekdav traffic�v°olumes qreater than 20.000 vehicles per dav. The TMP shall � � be based on the current Hiqhwav�Caoacitv Manual. as mav be amended from time-to-time. The technical � �� analvsis shall be conducted annuallv or�as directed bv the citv council in order to monitor actual traffic �� operations and to predict future traffic levels:and related deterioration in the ievel of service. �� . T. "Water Conserva'fion Pian"means a proiect-soecific water conservation plan prepared and approved in � � �� accordance with CVMC 19.09:080. and Apoendix B of the Growth Manaqement Proqram Implementafion Manu�al � 19.09.��rowth �Management gProgram Implementation Manuai. ��. — A. . .� 7 i � ai-The citv council shall adopt, bv resolution, a Growth Manaqement Prooram Implementation Manual that specifes how the policies and threshold standards set forth in this chapter are to be implemented and. in so doinq, assure that new development does not occur unless oublic facilities infrastructure and services consistent with the threshold standards are available in advance of or concurrentiv with. developmenL B.The � gGrowth raManagement pProgram Implementation Manual willshall incorporete antl'inlerpret the threshold standards as set forth in this chapter�°f°�^^^^a '^ r��nnr ,o no nnn �� . ��._,�;'�r,a �, �:�� (r��„�. ��..: C. The gGrowth mManagement pProgram ImAlementation Manual w�illshall incorporate bv reference'sthe adoqted facility master plans prepared bvi certain citv departments, and ��`,`�` , wr'��/�b n��, ��i','G�e� rB:;:�.^'v.£r, ,..�,-�.o.r�o• ..,� ��,..u�.. �. o o�^!�. , t, +g� '�";ar,;iF 4'✓ wil�alse-shall address air quality and eceaemisfiscal issues. ` `""-� �'�u',j .;.:,,-: �,.-....... :e::�,._,,,.._; » �'YF ✓ ;�4j'M. �' +� �" ,.,,. �� D. The gGrowth faManagement pProgram /mplementation Manual willshall proviile orocedures for ""°a�"•� ,.._ implemenhnq anv limits on buildinq permits established pursuant to CVMC 19 09 070 and address qrowth- �;.o, �, related fiscal and economic issues. ' '' ''4�I'" `Y�� ' E,.: . "�:'ar.� ti�!;ti � , �� a*� ..a,. ,.i,. „a .. �.v� F'*� �'�� '-y,�i� ��,'�,`1 v'''.='.�:�: w;.,. .a,�'�' .�-��:-.��f '��r- °':,n, E. The Growth Manaqement�+P opram Implementation Manual shall define the contents of Public Facilities � �.w- Finance Plans (PFFPs).itiat`are required for all develooment proiects pursuant to CVMC 19.09.080. � a `�+� �' �z�'�� €F. The citv council�shall aopointla QGrowth mManagement oOversight sCommission (GMOCI, and the GMOC `�::� shall!skieuldannually� � prepare an a�ndal repoR and, upon doing "�'n:�.1 Y`�4F� � so, the GMOC shallisubmit such repoR to the planning commission for input and recommendalion, and to the '`"�` � city council'f r their.action. -�::�...:� aF �G. The city council should annually review and, bv resolution, act upon the gGrowth mManagement eOversight sCommission's annual report. 6H.Amendments to the QGrowth raManagement qProgram Implementation Manual may be initiated by action of the planning commission or city council, or upon request of an applicant. The city council shall act on the requested application. (Ord. 2448 § 2, 1991). 8 i 19.09.040 ^•�^''� "��..�-�-.^"',€��Threshold sStandards for City Facilities and Services. Threshold standards for ciN facilities and services are those under ihe direci control of the citv. and applv to eiqht public facilitv and services topics. includinq: Drainaqe: Fire and Emerqencv Services: Fiscal: Libraries: Parks and Recreation: Police: Sewer: and Traffic. In order to provide that public facilities and services, govemment and other utility services, and improvements Ithat are adequate to meet present and future needs of the ciry, the city council hereby ad� ^ �''.,w,��n,-�^','.'.� threshold standards for each faciliry or improvement listed below: �'�r �� A. Police. � �;_ � Goal: To maintain eFand improve the current level of police:�ce in the city�Vista. �� E� Obieciive: Ensure thal Police staff,is adequatelv equip`'�edmer�t and tra ni ed'^^ '^�^'° ^�^ ^�'^^ ^'^ to provide police service at the desired level throughout the ciry.� 4''�_ �� '�. 4�� Threshold Standards: �� ' � � �� < 1. Prioritv 1 —Emergency Calls'Resryense. Properly equipped and staffed police units shall respond to ai least �� 81%�ercer�t of"Priority 19ne"eraerger3sy calls within seve�7�minules 30 seconds and shall maintain an average response time of 6 minutes or less for�II "Priority 1 calls 9ae"-erae�geasy s�lk:a€�5-raiattiesef less{measured annuallv). '� � �_ 2. Prioritv 2—Urqent Calls'. P�operl�ipped and staff oolice units shall respond to all Prioritv 2 calis within 12 minutes or less(meas dtan ua Iv). � .A � �� ., � ��w . , 'Pnoritv-L=Einemenw.Calls are life-threateninq calls:felonv in proqress:orobabiliri of iniurv(crime or accidenU:mbberv or oanic alarms�'ument coJe��callsfrom o�cers Resoonse:Immediate resoonse bv two officers from am source or assiqnment immediate resoonse bv oaramedics(fire�if iniuries are believed to have ocwrred. 'Prioriry 2"'�Urqent Czlls are misdemeanor in�moress oossibilitv of iniurv.serious non-mutine wlls(dome5,ic violence or other disturbanc`es«ith potential for violenceY burolar alartns Resoonse'Immediate resoon�e bv one or mo•e offcers from Gear uni•s or those on inteiruptible.activiUes(traffic.field inierviews.etcJ - � Note: For qrow�manaqement pumoses. response time includes dispatch and travel time to the buildinq or site address. otherwise referred to as"received to arrive." Implementation Measures: t. Should the GMOC determine that the Prioriiv 1 —Emerqencv Calls�threshold�standard is not being saiisGe�met due to qrowih impacts, then the Gcity Gcouncil sba!lshould, within 60 days of the GMOC's report, 9 i schedule and hold a public hearing to_fer�t�e�urryese-ei-a)consider adopting a moratorium on the , issuance of new buildinq permits' or b)adopt other actions sufficient to rectifv lhe deficiencv(ies).ba i. TI.-�} �. ..1..: /.Ivo m'1'n..��n � �'�avc�..1 f..�nf. C4. I.V L� I.I' {. .�1 L. L. 11 V. ll 1n .. ...�I'f'n cl�... .�i'.� ...'1'nn1'n onv �.............. � .� .....� _.._.. __ __�• ��.Y r �* __a. ,.�,.� "°Tl�. jit��'n v �� ':� 2 Should the GMOC determine that the Prioritv 2—Urpent Calls thresholdistandard is not being?'met, it mav issue a Statement of Concern in ds annual report. �"�t: ��P. �`Y;'?..�"i ,*�:`y;.;'y':-` ��.7'✓' B. Fire and Emergency Medical Services. �`�;, :`= /� Y�� µµi ��,T"' ,'. �lo.,ol M��]v��Un °4� "'riX� Goal:—To maintain and improve the uq alitv ��°.�. of fire'protection and eme�gency medical services �a �V`,� (EMS)in the 6city of Chula Vista. " �`"� ;?j:r, �°y;dc�'=�''' Obiective: Ensure that Fire/EMS staff are p op rly equipped;and`tra ned�ed-to provide the - i'R':,%y�. �;;;�,`,,, - desired level of service throughout the Scity. Mry,, 4'i��,l,,v,,�`, Facilitv Master Plan A minimum of everv five vears or whenever an update is needed. the citv manaqer r``� shall brinq a f re and emerqencwmedical services master olan to the citv council for their consideration. The r °u,` master plan shall include p�ovisio s:for facilities. equipmeni and depiovment. 'E:qF�9 '4�� l'pzfs W Threshold Standard: �h^i ''`•- �'"r��`� r� ti; ,.r;.°,� ��s f� .��. .ax+. � 4=-�T'��. � Emergency Response: Properly�equipped and staffed fire and medical units shall respond to calis throughout � ��- �4' the �city witfiin 7 minutes in at least SO% of the cases(measured annually). �",';s �� k:�� ai:';`-, C� w'�''v";:. +!�!v. '��,� �� Note F'o��qrowth ma:9naqement purposes response time includes dispatch turnout and travel time to the �`''=:aa �,`'x'!f buildinq or sde address. �,r Implementation Measures: 1 Should the GMOC determine that the�threshold �standard is not being met due to qrowth imoactssat+s#ied, and the Facilitv Master Plan milestone tarqets are not beinq met, then the 6city Scouncil sballshould,within 60 days of the GMOC's annual report, schedule and hold a public hearing to a teNFie „�fconsider adopting a moratorium on the , ��' ^�.,�" 10 i ssuance of buildinq oermits. or b)adopi other actions sufficient to rectifv ihe deficiencv(ies1. 2 The GMOC mav issue a Statement of Concern in its annual report if it determines thai the threshold siandard� a)is not beinq met. but the reason is not due to qrowth impacts: or b)is not beinq met due to qrowth imoacts bui the Facilitv Master Plan is meetinq its milesione tarqets. in which case the Fire Department will address ihe adequacv of the Facilitv Masier Plan. ��d � , . � � ��.,�.r�r.oa. .,.,a _ � c F�� " � �^^�.. �S . . , . , }� 4 � � � �� C. LibrariesSsbeels. �'�'' :-�_ ,�� t'°�r �" =F Goal: To provide a high=quality, contemporary�ibrary yst�aiw#a+sli meets the varied needs of the P community. .. Obiective: Suppleme�nt t#��-e�xistinq libra es " " y providing and ooeratinq additieaa�library�facilitie1s��fficient to meet the needs of new developmeni.:^ '�� ^�o.^'^� ��' � �_ � ,� , FaciliN Masier Pla�� A-mi��everv five vears. or whenever an update is needed. the citv manaaer ��'� � �� shall�6rinq Iitiranes�master olan to ciiv council for their consideration. The master olan shall define the 't=�a "�� adequacv of librarv(acilities and equipment and what consiitutes adequate staffinq and appropriate hours of operation�'and iden fv librarv square footaqe needs consistent with the threshold standard at build-out � Threshold Standard: , The city shall , , f��i«^^ ��,�� , ^�.��^.+ � ^� ,�^�`�^ ^`....."' ^ot fall below the ciry-wide ratio of 500 aross square feet(GSFZ ', of librarv space. adequately equipped and staffed. oer 1.000 population. 11 i Implementation Measures. 1. Should the GMOC determine that the�threshold�standard is not being meisaitsfied,or is expecied to fail within three vears(based on forecasted qrowth and planned improvements), then the 6ciry manaqerSe�sil should oresent to citv council for their consideration a plan of action which includes timinq benchmarks and a finance plan that will bring the library system into conformance. ��.3=�''_= ;� ,ti� �',f'yr'"r� a �, y: . i';.r `''�,,a:�,, :.�9 �,;,,�,�q�� x�.�,,�.�`�,"-'�w �y "0�r::",. .�:,., 2 The GMOC shall be qrovided with an annual report that documents the aopropriate-staffinq levels, 4i��r' '�u;�;J �'%' equipment and operatinq hours of librarv facilities over the oast vea�,current vear operation, and anticipated �;.:.��T� � hours of ooeration Should ihe GMOC determine that the libraries are not�adequatelv staffed. equipped, or are `'' �x'+. not maintaininq appropriate hours of ooeration it mav issue s"'Statement of Concem in ds annual report. (N, M1 . 'f;�;1y o-'��qil,^fl;;,. €D. Parks and Recreation-A�eas. 7}y ,, �. ","" t"'� '�-`;-,. 4r,,,•.. ..,`tiw."`R, "� Goal: To provide a diverse and flexible park °•�°�^:;svstem that meets both the active and passive :,..,�:,,.M 3,iv� recreational,needs of the sitiseasresidents of Chula Vista. :°i,;'-"' r �� : Obiective: Provide public parkiand recreational opportunities in a timely manner, implementing a 5-yeac facilit master ^'^^, �'^�� _� ,��-:.,,,o.,olah tYiat d'escribes the location, facility improvements operational oolicies and funding program for propos d��' � i�k" up blic parks and recreation facililles. �. ''��M1 �3 Facilitv Master Plan:�-. � A�minimum of everv five vears, or whenever an update is needed, the citv manaqer n «�. shall bnnq,a•parks and recr ation�master plan to citv council for their consideration and shall define terms r^:;;�"'.......,::��-�i _�.:� .,,... such as"appropnate facilities." Supplemental information mav come from the Recreation Department Strateqic "+�,'�. �� `� Plan and�from specific olans. ��"�'" i a .,..a ,.,,...,,, ,.�, Threshold Standard; _Rep�+laNea-ratie—Three acres of�oaw„o-w.,,..�,,,.�oublic park land,with appropriate facilities shall be provided per 1,000 residents for new developmeni, cdvwide�95. Implemeniation Measures: 1 Should the GMOC determine that the�threshold Sstandards+sare not being metsa£+sGed, then the Scity manaqer6eaac�l skial{should present to lhe citv council, for their consideration, a plan of action that 12 . i includes timinq benchmarks and a finance plan that will ring the parks and recreation system into conformance. . «,�., ,�..ee, �� 2. If construction of needed new park and recreation facilities is not staRed within three years of ihe deficiency reported by the GMOC, then the Scity Geuae+l-sFaallmanaqer should,within 60 days of the GMOCs report, schedule and hold a public hearing�^",�;��^�#to: a)consider adopting a moratorium on the acceptance of new buildinq permits: or b)adopt oiher actions sufficieni to reciifv ihe de�ncv(ies).`^^'ti„�,.�''�•^ �� r�,.,��t,e .., ..,�.,� � r..�'toa �.. ., .�.,,..,�.. ..i .,.i...�....�t,'.. �..rt,o .....tii..... �...� �.�,... l��.r�r.,,.�. ..a �f7.��"-�'- � ^ � � � `� � €�. d �� . � �L� n3 � �� , � �� q � �, � �a +� . �� €E. SeweruYaFeF. � — — f� G Goal: To provide a healthful and sa'nitary sewer collection and disposal system for the residents of the Gdty of Chula Vista. consistent�ith_[fie c�'s Wasiewater Master Plan. �� Obiective: Individual projects.will provide necessary improvements consistent with �^• ^•^�^:��:-°;a^�.,; ancl-Gdty€engine�g�sta�nda t1s.�Treatment capaciiv should be acquired in advance of demand. •�`� '�::�� Thre�{oi S andar� � �� 1. Existinq:and proiected facilitv Ssewage flows and volumes shall not exc°°d city e.^.gineering standards for the current�em and Sor budqeted improvements. as set forth in the sSubdivision �aManual,�y v ,ti� � �a�a� rv. �rv.� ,� �m 2. The city shall annually ensure adequate contracted capacitv in�ev+�e-the San Diego Metropolitan Sewer Authority or other means sufficient to meet the oroiected needs of development. ' 13 i a .,i � �, ..�,r, , ..a.,«o ,ho t.. ,jdGeFlf;Rti;R., .«, .,�,,, ,.,., , � d.. ..a �,..ii , �, ��,,, ., ,,��r� Implementation Measures: 1. The citv enqineerinq department shall annuallv c7ather and provide the followinq information to the GMOC. , �� .,� „ f .,,,.i ^c�..�,,..,�.,�.,a r....�o... .��.�., �� .,,, .,..n �liFdl-3�i2t •• �=`v . . �� i .o ....,... .,. _.,..__.... ......... .._ _...__. ._�__. =m',t,'`�� Q�,�w;!hit:� v:. }`,,� , ti a a �, �.i„ �.�,. ;r�,E,.��„ ..�„ �� . �z^�Y � �_� e� x`','��' ?.q, �yjv�l�' :...:._ _ c,:, ,., � _�' . - �"t:,;ri�lar,m ,�. ,. a. Amount of current capacity in the Metr000litan Sewer Svstem now usedtir'corrimitted and the status of � ., r � ry„'G Chula Vista's contracted share; r y ` „ -,,•. �„r,�v'F ,, ","�;,,, .,,,�{.,'�`�` a\,�� "±��*"ha ...#?; V b. Ability of a#esie�sewer facilities and Chula Vista�s share of the Metropolitan Sewer Svstem's capaciN to absorb forecasted growth over the next five vears;'"~��y, ,8,,�, '';:r.��`V�.,, . ., ry".9.'f c. Evaluation of funding and site availability for budqeted and`projected new facilities; and ,�,;� � �-� .:,:xr d. Other relevant information. �' � �;;'' � �*. -a^.�-.. .�`:R, :"%°"€vA, 2. Should the GMOC determine=that a�potential problem exists with respect to sewer, it mav issue a Statement + --. �t�.; '�W��q`rN,,,;"., of Concern in its annual report `r.'.-.�a '�""4�.�.�,.� `� v�a' _ �� r�� ;�i�4� r�.,, ,. ..�,v,....,...��'',..a .. ��,,.:�.,..e�......�e io,�o.� ��.�n ti., .. n,a„a i,. ��,o r_nnnr v,..�..,.i �� . .,, � �: '� �� -,,��.�� .��.. F�'.:.,��'.;_ ,�.�� - �s� '�;�,;r ; � �.,,� �:r:., �:�g ��;-�� .;.. ,. ,�.; �.�,, w� klF. Drainage. �M�. ��ir>' �- , - m Goal: To provide a safe and efficient storm water drainage system to protect residents and property in the Scity of Chula Vista. Obiective Individual projects will provide necessary improvements consistent with «°�°'�- D1n^�Q current Scity€engineering �standards and local, state and federal reoulations. Threshold Standards: 14 . i 1. Storm water flows and volumes shall noi exceed ciry engineering standards and shall comolv with current local. siate and federal requlations. , , as may be amended from time to time. 2. The GMOC shall annually review the performance of the citys storm drain system, with resoeci to the imoacts of new development. to determine its ability to meet the goals and objectives for drainaqe2beve. Imolementation Measures: �� ; 1_Should the GMOC determine that the�threshold Sstandards+sare not being� ,��sGe� with r�e\s ct to � new development.then the Gcity manaqerCeaasil�#aall should present to the ciiv counat�for theiY� consideration. a plan of action that includes timinq benchmarks and a:#iiFance plan that will�` `'�`�s�a4�4y-a�e�Faa� � '� #aa�-tasEisste bring the storm drain system into conformance. Const�ructi n or other actualo lution shall be \�''�� scheduled to commence wiihin three years. � * �� 2. Should the GMOC detertnine ihat the threshold standard is not beiivqxn=�with resoect to exisiinq •�*� development. it mav issue a Statement of Concern in�ts annual report.`�ti` � �� 1G. Traffic. ,� Goals; �,� ��. �\�%�`` �'� , 1_To provide and maintain a saf�nd efficient street system for all modes of iransoortation within the 6ciry of Chula Vsta. ��y � � 2. " � iTo accurately determine existing v V and proiected levels�',of serv�e(LO)for motorists usinq the Hiqhwav Capacitv Manual (HCM)oerformance � '� �2a�Si° meas rement,metho�oloqv. �` �� 3. To reco'qnize the��nique nature of urbanizinq neiqhborhoods as destina!ions. and;o establich a �� y commensurafe�street classification and LOS ihreshold that encouraqes altemative modes of transportation. such as oublic transit. bikinq and walkinq. 4.To �emaintain a level of service value that represents a high quality of traffic Flow under constrained operating conditions during peak periods of traffic activity. I 15 i � ��. ��,e a�et�e�e4e�a�d-Ene-� Obiectives. 1. Ensure timely provision of adequate local, multi-modal circulation system capacity in response to planned growth,and maintainiag acceptable levels of service{695�. . ��° ,�v- t';'"� �� ,� 2. Plan desiqn and construct new roadway segments and signalized intersections to maintaintacceptable LOS ,�g,T, �-�;r"'' '�;:%� standards at buildout of the General P/an's"Land Use and Trans�ortation—SiFSalat+ea ElemenP'. A V^ v,!:;^;,., - �� .^ 'd°� !�-5. n� 3 Plan desiqn and construct biwcle and pedestrian infrastructure improvements pursua'nt�to the most current ,�J!:''w`�ywv �'�' Bikewav Master Plan and Pedestrian Master Plan. r:'% �_"�+ t'- . xr � � ��, Threshold Standards: k�� " ��.1� 6.�, ... ,r;;" „ ,, .,. . ,.� ,,,,:�fc:a.. 1. Arterial Level of Service (ALOS)for Non-Urban Streets' 6iEy-wi��THose Traffic Monitorinq Proqram (TMP) i%-_ " roadwav seqments dassified as other than UrbanryS�treets in the "Land U'se and Transoortation ElemenC'of the ;:�; �* a"U�,, citv's General Plan shall A4maintain LOS "C"or better asmeasured'bq observed average travel speed on all .'°i'11kk.,d"'�'}"n ^^^,,,s„Q::a�a-a��r',a:those segments; except, that during peak fiou�s,aLOS "D"can occur for no more than two �,%�� hours of the day. ��?':> m,�'. 2. Urban Street Level of S�ice(�OS) Those TMP roadwav seqments classified as Urban Streets in the "Land Use and Transportati n�Elemen�P`��of.ihe.citv's General Plan shall maintain LOS "D"or better, as �+�3,, `'•'�?�,'T" measured bv observed or predicied`'averaae travel speed except that dunnq oeak hours LOS "E" can occur for no more than lwo�hours�pe'r�`dav. �^��'.�s �..��.�� anc T�.��o �,....,r,o,� ..� _:,.. ..___ .. �� .I IV.e'. n1 /••o�+r 'I(ln�\ I f1C L. { ei.nll ....f • ��y_i.a_S';t � �r � � !IU�� ke?y H"i�4 r�';it�. � 3,Notes to Standa�ds. "'�::y1p. ('(Fh4 P., �;:,�,._'±. ,F'u� a1. Arterial s_Segment LOS measurements shall be for the average weekday peak hours, exGuding seasonal and special circumstance variations. �. i i.�..,.. .,�.� � �, .�..,.. ,.n,,:.,i�w., „ a„r�„a .,�..:oys-t�av+aQ-signal � „�i�� ..,.. r,.,. .,,io� .'1h �+ ..L.V�.�ilmii.. ..1 M A��nln .. nl�..!'f'e�iJ 'n1r� 0.�ve nlnac�s 16 i . , ,� ��. �.� o�o � �m.�e� � `�. -� �._ � � �� r ��.. �.:��e� � =_ � � �.�� .� �� 2. The LOS measurement of arterial segments atnd freeway ramps�shall be a.growth management �,. �-1-_.. �''�� -� consideration in situaGons where proposed developments have'a.significarit im�at interchanges. �� I � e3. Circutation improvements should bs implem=nted prior to an[icipat'ed deterioration of LOS belo�+ � � established standards. f' � � � #4.The criteria for calculaling arterial LOS and defining a�terial leng�ths and classifications shall follow the � procedures detailed in the most recen�Highway Capacity Manual(HCM)and shall be confirmed by the city's traffic engineer. � v � � �v=-�. �.'-1_1!. ' �t �, ��a.�e�„«,-.�or,...�..i.,T � �.'�� v � �� k b5. L'eve" I o'�f service�lues for arterial segments shall be based on the HCM.#e14ew+aQ-ta�4e: � � � IT+�1.. 1 I �2V2��f's0�Y16C I6{355-� GI355--� �I,355-� � IA �5 }�8 �-25 17 i I � � � � I6 � � z13 IB ��Z �-14 >-9 I € � }�9 � I � {-M13 =-18 � 4 . � � �� i � . .� ' a :�JY" { '�P'^ ��`` �,x � Implementation Measures: ;� '�> �� '� - 1_Should lhe GMOC determine that the�threshold �standard isare not being metsatis#iedy du`e'to qrowth ryxn,;n, `impacts, then the Scity Scouncil sbal{should, within 60 days of the GMOC s'','report, schedule�and hold a public � ," hearing fer-E�ie-purpeee-e#to consider adopting aj a moratonum on the accepta ce of"n'ew buildin �` >'a� j�.:3 eo rmiis , or b)other actions sufficie�t to�rectifv the deficiencv(ies).b^°°� ^^�" ^"�^ ��.� •w:� a..i,�i..n�;,��^: ^'��"; ,�..h„ r�� +"SM. . , y��m, , 2 The GMOC mav issue a Statement of Concem in it5annual repoct if it determines that the threshold .,,� �v�":o. standard will likelv not be met within three vears due to qrowth��a.i'mpacts. :'^�r^°' 3 The Department of Public Works shall annuallG�report on proqress made in implementinq construction of � facilities listed in the Bikew`a Master'Plan Pedestrian Master Plan the Transportation Development Impact L'y °.i+'i:.-:?- Fee Proqram(TDIF) and t e Westem TDIF. t'`t� �� :. ��*=°• ., �,. ��,,, ...,,�.ie.., �...� �,oe., o��,r� , ..,. �� v':;' 2A�- ,°yi�,a=.; �y:.:; �, ,a ti':; �='� � �"��v��''� F� ��:. q� � � �`d'``:� �� , t.�. "`q'�;;>a :3 �;' ,r" , '�t�..;!,y;te'� Monitorinq Methodoloqv 1 IdenUfv all Traffic Mondonnq Proqram (TMPI corridors and classifv accordinq to the latest Hiqhwav Capacitv Manual (HCM) meihodoloqv. Tvpicallv. a TMP roadwav is four lanes with a volume of 16.500 . Irips and at least one mile and a half in lenqth. If the Averaqe Dailv Trip(ADT)-based level of service 18 . i is"C"or worse on a street seqment located wiihin a citv TMP corridor. then the citv shall consider conductinq a TMP measurement. ADT volume data shall not be older ihan two vears. 2. A TMP measurement shall consist of a two-hour AM peak period measurement, a two-hour mid-dav period measurement. and a two-hour PM oeak period measurement. 3. TMP measurement shall be conducted bv followinq the curreni protocol in the latest adopted HCM. 4. Anv speed collection and volume data methodoloqv that ulilizes the latest technoloqv consistent with HCM protocol can be used in obiaininq arterial LOS. subiect to approval bv the°c'i�N's traffic enqineer. -a > �-= KH. FiscaL - �� - Goal: To imolement�revi�e land uses and activities that oenerate an adequate tax and�revenue base ihat ��._ meets wl�isb-res�ead-Fe the ewnomic needs of the residents aa�of�he Gci_ty of Chula Vst�a w�h new oroiect development providinq self-financinq of capital proiects. � �j �� Obiectives: � � _�} 1. Monitor the imoacts of arowih on the citv of Ch a Vista's fiscal well-bei q. considerinq both ooeratinq and � f^. � capital imorovement costs and revenues. � .� 2. Monitor and uodate the effectiveness of the develooment�impact fee proqrams. considerinq ihe aoorooriate and timelv use of such funds. �-�- ' � 3. Monitor and update ihe effecfiveness of various public faciliiv master olans to ensure adequate fundinq will be available to meet ihe de a-d�of qr�fi'_� �� F- �� ti Y�� sJ , � � Threshold Standards: 1. Fiscal Imoact Analvses and Public Facilities Financinq Plans at the time thev are adopted shall ensure ihat new develoomeni offsets the cost of develooment. 19 i 2. The citv shall establish and maintain at sufficient levels to ensure the timelv deliverv of infrastructure and services needed to support qrowth consistent with the threshold standards a Development Impact Fee capital improvement fundinq and other necessarv fundinq proqrams or mechanisms. �. �a''�4,�,�'';"�� ._"'�.. �� •-.=;''�: Implementation Measures' ��' 4�'"",, � �;:. ��w, � ��f;,n.��., ..;.a,,.; 1 Use Fiscal Impact Analvses (FIA)and Public Facilitv Financinq Plans (PFFPs)to evalua�fe anii ensure that ' �'.d,:'r';. ,,,,,;�iry'� �eu,;: new development requirinq the preparetion of a SPA plan or equivalent p'ursuant to CVMC`19 09 040 and ,�:a. ��s�-i"-��h. `� 19 48 contribute to ihe citv's fiscal well-beinq bv qeneratinq revenues and^'related'economic activiN that, at a i:'i' -, };;�v minimum offset the cost of providinq municipal services for tfie new�'developmenf '` 4�µ4"dn� � � t�x�^��,M,^�'�l. A��lt. 2_The GMOC shall be provided with an annual fiscal,impact report whic�,ittiat provides an evaluation of the P{E �,�'$ tii =''S' �:+�:w impacts of growth on the city,�ei�i in terms of operationsyand capital,improvements. This report should +�i`*, evaluate actual growth over the previous 12-month period,as,",well as projected growth over the next ^' '-.«TO-'° ^^�� ^ '^�', ^^�"' �^ �^ ° °^5-year period. "; 3 The GMOC shall be pro ded�`w�'ith an annual "development impact fee report,"which provides an analysis of development impact fees col�ected�a 5'd xpended over the previous 12-month period and proiected for W'/..d.a., `ti'y'?Ph..B°.�? expenditure for proieci�s induded-within the DIF proqrams. €,.f �� `'�`� �, A�� 19.09.050 Threshold Standards for External Facilities and Services. _..........................................._..... r,�,-ti,,� -::-� �;�,�a� .,�.::;:!:.:n;,c„._. °4��,. �' dA. Air;,Quality�!and Climate Protection. 4`'`:;�.* �'�;;.- �'`,'� y.� � � �uv., ��- Goal: To'maintain�and improve the ambient air quality enjoyed by the si{izensresidents of Chula Vista. '�=:m � o,_�.�� n�i w Obiectives. 1_0^^^^^'�'^^ ��^� ^ ^��oe .,�'^� ^^^�'° '^ �° ^�'�'�^�°^-' In an effort to address the impacts of transportation and buildinq-related enerqv use at both the regional and local level, the Scity shall endeavor to implement applicable air quality improvement strategies and programs that meet or exceed those established 20 � i through the current4y adopted Regional Air Quality Strategy(RAQS). Califomia's Global Warmino Solutions Act of 20061AB32). and the Chula Vista Climate Protection Proqram mease�Fes. 2. In an effort to maintain and improve ambient air qualitv. the citv shall endeavor to locallv mitiqate anv new stationarv source development oroiecYs criteria air pollutant emissions thai exceed local air qualitv standards. � Threshold Standard: �� The citv shall oursue a qreenhouse qas emissions reduction tarqet consistent with�oorooriate citv Gi te � '��chanqe and enerqv efficiencv requlations in effect at the time of proiect application for S .A plans�o�'for the followinq. subiect to the discretion of the Develoomeni Services DirectoT� �� +'�. a. Residential proiects of 50 or more residential dwellinq units.�ti�� '� ?a*�,, '> b. Commercial proiects of 12 or more acres(or equwale"ht square tootaqel: ��y. c. Industrial proiects of 24 or more acres (or equivalent sauare foQtaqe): or r� d. Mixed use proiects of 50 equivalent d�wetlinq units or qreatei.- � � � � * s \`��f� � ,iere e r�v^ ,z.ao..f,.,� ..w., �, 8�.,f#l^�aoQ.� e�o ��;�, �.l '+.�`'nypreverao.,� ,.�-s ,4 � .��> �o^�,. b� 4 `� � . @ , �y, „ �� ,�`��`� � �� .� '� � ,� .�� , Implemeniation Measures: 21 i 1 In order to determine compliance with the air qualitv and climate protection threshold standard, citv staff shall provide the GMOC with an annual report that evaluates the citv's proqress toward adherence with relevant federal state reqional and local air auahtv improvement strateaies, reaulations, and oroqrams. The report shall include the followmq: a An overview and evaluation oi local development proiects approved durinq the prior vear identifvinq r;, compliance levels and proqress towards meetinq the air qualitv and climate protection threshold standard. ��',"�,�`°' .`�`"�: ?> e":-`:,.r'�::i�.. b An assessment of whether the qreenhouse qas emissions reduction levels should'b�e:revised�based on �.:, � - w�: updated state and federal standards. as applicable. �"`��'� ��'� �3 �;1`: ��r,,,, ...��J� c Additional information on non-development achviUes beinq undertaken bv the citv tliat�contnbute to 93�" "„' ', �;_:,:'' meetinq or furtherinq the air qualiN and climate protection threshold�standard.,_ � p"� � ��3. '�'''_`�is,`�. ti�'.:'a�:., .. -.;�.. 2. After�the city s#�a14-prepares an annual evaluation report,�i{shalL provide a copy`of thesaid report to the aAir . ,,;w��,,.. `•i:dpM1, ...�:::,�:;!,. ,.,, pPoliution sConfrol �Distnct(APCD)fo�its response.°��° ^�,..�' ^^^�^'^,�..�'. la,ad�ti+ea-t The APCD sbaUshould �., `;;aa;,,,'',;:;^ provide the citv with a report on overall regional and local air quality conditions, the status of regional air quality k��,� �� ; �. improvement implementation efforts under lhe fRegional;aAir qQuality sStrategy and related federal and state �.y°�, programs, and the effect of those efforts/programs on the city;ofrGhula Vista and local planning and �.��,., ,.�,µp��,` development activities. •"�," , ��, a�'" � �� 3_Should the GMOC determine that a deficiencv exists with respect to any of the '�v,'�".7>x.�::"k��`''.,�''S3a above air quality and climate'piotection'implementation measures, +mpr., ^m^^'�.-..�^�^ �'°ither t#�e-locally,eF �;.�:-.3, *,,.� �_.. .,f regionaly leve�or both„it:may a�4issue a'#ecraa�Statement of Concern"w+ihin its annual report. Sucha �.`T'"'t'� `'�'� ,�cr.,�o..,....w . � ��.�r�„�r� �i�,.. ��,a,,.��.� „�,...�„ .,a ., ..i t.. .oaio..��.... ��,.,� .. .. a .. ��,.. ........ .�^.y r'��. .. .,.&'��..F��^�.. ... .,�.^......... ..... .....,r.._.^. ,,. ,. .'°�.,._, .. ......o. :.. vY Y �`1 ' . �°o�-v�f IV.c "Ce�TVomonl" cah.m'�;-24E'�f3-�3E�Ife6�-�6-3l�Tv��^�°�=-r'°c�p^�w�.�°�`°" �q/6�.'�, (:q��4��.,4 �S�^�• `:;::rify;a+ 19., L�I'.'� `/f�ecl� 'fF'fnlln n Vn �1., .. L.� IL... /'..�\ � �� :�� :?�. ��r ,�,k ri, wi,, �� Ez' B. Schools'�-m r �.��.r�r Goal: To ensure that the Chula Vista GiEy-Elementarv School District CV( ESDI and Sweetwater Union High School District SU{ HSD)have the necessary school sites infrastructure and fundinq mechanisms to meet the needs of students in new development areas in a timely manner. Obiective Provide school district personnel with current development forecasts so that they may plan and implement school building and/or allocation programs in a timely manner. 22 . i Facilitv Master Plan: The GMOC will requesi updates of the school districts'faciliN master plans or equivalent documents that define the schools' essential facilitv needs necessarv to orovide adeouate ohvsical accommodation. Threshold Standard: The ciry shall annually provide the Chula Visia Elemeniarv School District(CVESD)and the.Sweetwater Union �' Hiqh School District(SUHSD)with the citv's annual 5-vear residential qrowth iweaecals`��eel-disifisis-wiih-a orecast and request an evaluation of their abiliry to ac�mm�"od`aC'�,e�i�ie-f`�recasted ^^o.,a-�,^^^��i.^air�growth. both citvwide and bv subarea. �iae �' °��,�,;;o,�-�^'°' �Replies from�the;school districtsshould address the following: � v�. , \4 I1. Amount of current classroom and"essential faciliiv" (as defined in��titv Master Plan�pacity now used or committed; �� '�,\ �� 2. Ability to absc�foracasted yrowth in affeci2d facilities and identi�at�on of whai faciliti2s need to be �� upqraded or added over ihe next five vears; ,� �,u \ � 4 3. Evaluation of funding and site availability for projected new��f�a�ylities identified; and �sr 4. Other relevant infortnation the school districi(s);desire(s)to communicate to the city and the QGrowth �� Management eOversight<sEommis`sion(GMOC). �� .�,r ��\ �'� �`. \� �� .;� � Implementation Me`a�sure: `�. Should the GMOC determine that a geF��aFially-ser+euscaoacitv problem exists with respect to phvsicallv accommodatinq students. either currentiv or within the next five vears. schee{s it may issueade�t a #er�raal 5tatement of Concem"w+t#�in its annual report. The annual report shall be orovided to both school districts. with follow-up. to assure appropriate resoonse.�� "c�..�.,,..�„�� .�.. < «.e r.,�,._.._.� ,__...,_:.+o�+�,o �y.. ._ 23 i � �-$�iGp„ ., r�,o r_nnnr�.. . ,..� �., �,,,a�. ��oa C. Water Goal: To ensure that adequate supplies of potable and recvcled�al'�app�oP;;of�'��:^'.°^�'=�' ___;water are available to the Sciry of Chula Vista. � �=.=.. 4M1,.,�_ Obiectives' ` 'w .,. y..,, �.;,,;y�,�, i.v,` ''.„"r'.v, S�,i.;��w:.M�,R, a� fo�. "4;^}�. 1. Ensure that adequate storage, treatment and transmission facilities are constructed,concurrently;with �� planned growth. _ ��;.,,,A4� ..;, m ;i. , '",�;g 2. Ensure that water quality standards requirements are metr�c�4-jeepard+Eed;during growth and construction. �„ e��,�,_ ��.�:ro �� r k�' l i�^"°� }`,�� 3 Encouraqe water conservation and use of recvcled water where�aopropriate.and feasible. -�:�;, .��. Threshold Standards: i�.'".;. . w;. �i , u',` 1. Adequate water suppiv must be available to serve new'iievelopment Therefore developers shall provide y...�F:.,y i'_�..a::L ��„��^^�". '� .�^ ��' ^^�' �'°",°�'^the Scity with a service;availabiliry letter from the aopropriate YVwater 9disfict for each project. {Rj �w� .�: . �'y?,,.:a;. �;� �;:�: 2. The Scity shall annually"provide tFi`e:San Diego County Water Authority, the Sweetwater Authority and the �';-;:� `r� Otay Municipal Water District�with,the citv's:annual 5-vear residential qrowth �� u forecast and request tha[`{Fie�provide an evaluation of their abiliry to accommodate tbe-forecasted aa� ,� '�; ��^"v",. ='� ^�"�' ,�" ^�growth.`T�,,,�rn'°�.n;;o^Fs-fReplies should address the following: <�...: �.a:-:'a ��,. i aM — � ,�_ a :.. F� _ ... ��'�` N�. w�-.e � � a. Water,ayailability to the Scity�-Area, considering both short-and long-term �. ��.� ��y �"'�'?. e�s ectives. '�'.,, P ._,P �;�*�. i-� I �"'r�, J�'.e "�J'Se.::.;:w• b. �;Jdentifv current and proiected demand, and the Aamount of current capacity, induding storage capacity, now used or committed. c. Ability of current and proiecteda#ested facilities to absorb forecasted growth. d. Evaluation of funding and site availability for projected new facilities. 24 . i e. Other relevant information the 8district(s)desire to communicate to the Scity and the Growth Manaqement Oversiqht Commission (GMOC�. Imolementation Measure: Should the GMOC determine that a current or potentially-seFie�s problem exists with respect to water, it may a�e�Eissue a fermal�tatement of Concem"w+tlain its annual repoR. " .r'� . '��.� , � "�„' ,xy�� ,�. .�..�.r �.:�� 19.09.060 Amendments and Supplemental Thresho tliStandards. �` � �� Q�`�� ' ^�^^^�'�^°^'° �^�' � ^^'^�^^^`^'T�•^°�^'�'° These standards may be:ainended from time to time on .. . \� `�� approval by the city council. (Ord. 2860§§ 1, 2, 2Q02;•Ord. 2859 §.`1�, 2002; Ord. 2748 §3, 1999; Ord. 2456 a § 1, 1991; Ord. 2448§ 2. 1991). ,�� t 19.09.070 Moratorium on Buildinq Permits Allo ed �� w�� ,�� A. Imposinq Temporarv Limits on'':Buildinq Permits � . V�l. The ciN council mav. bv ord'inanc'e,'mpose a limit on buildinq permiis for construction of residential and/or non- residential developmen�afier�makinq�cific findinqs as to the health. safetv and welfare concems of ti�� Z�. �� continued develcYpment. as�set forth in "B" below. `�0',�` �� \ �� B. Findinqs Required Prior to adootinq an ordinance imposinq a limit on buildinq permiis. the atv council shall consider makinq one or more of the followinq findinqs 25 i � 1 That continued development will make it unlikelv for the intent of the Growth Manaqement Proqram to be achieved as expressed bv the "Growth Manaqement Elemenf' of the General Plan and this ch2pt2f, 2 That continued development will cause deterioration of the citv's qualitv of life, and compromise the health safetv and welfare in the citv of Chula Vista. 3 That continued development will strain the citv's fiscal resources an abilitv to delroer hiqh qualiiv �s,,�, services to all its residents. ��'�!'�� ,i":,,.::,�. '��'. .�CS�fS� � iu`�4�+..—a.',+b C,i'�s � �� C. Procedures for Implementinq Limits on Buildinq Permits. �:iK;�4 r� � �� ,,aCf:°: If the citv council makes the necessarv required findinqs to impose a limit on buildinq permits then�it'shall ��; adopt an ordinance that specifes: ��:1`Y' �"'' P, �w"'"� ,Y,N'i� dJ. 1. Area where the moratorium applies: ,°'" ... ,r*. a"i, *%:e::'�::mM�� ¢'',�i� 2 DuraUOn of the moratorium (when it beqins and ends); "+". Yl:��ry °�iN��flv, dryivAi 3 Anv exemptions or exceptions or conditions. These slialL be consisteni with the overall obiectives of the citv action and broader land use policv. Exemotions'''could include "affordable" housinq units �'�'a:�. �„*�,"° (units sold or rented at below market��ates.to meet the citv's Housinq Element requirements). . '�`;::t;,� .:..,. Exceptions miqht include units that have beentallocated as part of a separete aqreement(e.q., a �„!";�`��`�. development aqreement): ::��;:.� 4. Anv conditions that would allow the`'�moratorwm to be lifted prematurelv' and v 5. How the buildi q pe�mits shall be allocated. =:;h.°�� .��:`•`"Y�"G �<�y:'f�� k;�::�}ia I"'<i'^. 19.09.0�80 Requirement�for.pPublic�fFacilities #Finance pPlans PFFP , aAir qQuality , +Improvement pPlans nd w�Water eConservation �Plans. _........ _ ,�`�. ' �� A. Public Facilities`F.inancing Pla,�mn's.`� ..,,,''�;P`,;.,, `i.w;i;� ��'3'a:'Ra?t� �}::;b:�.,�.,!;,;�:.� ' �a A•+'-° 'y=>s��` '� No application for-aa SPA plan, or, if an SPA plan is not required, no application for a ITentative r�Map, shall '-,;L� _'' be deemed,-completg or accepted for review unless: `"'.� fiz <;3 f:,u •�;•`�,.�:,: 1. It is acco'm'panied by a PFFP which has been approved by the city; or I2. A PFFP w#iich.that includes the project,has already been initiated; or 3. The applicant initiates the preparation of a PFFP. 26 . i The PFFP may be waived by the ciry council upon a showing that there are no public °°^�-,^°,'acilitie ,s infresiruciure and serviceyefi-�hasiag needs warranting the preparation of aa PFFP. B.Air Qualiry Improvement Plans. No application for aa SPA plan, or, if an SPA plan is not required, no application for a iTentative raMap, shall be deemed complete or accepted for review unless: 1. It is accompanied by an aAir qQuality ilmprovement�Plan whishthat has been approved by the city; or �� 2. An aAir�Quality ilmprovement�Plan which.thai includes the project,has already been�inihst�or ��v 3.The applicant initiates the preparation of an aAir qQualiry ilmprovement pPlanln such form an�or \� O�` containing such information, including maps, drawings, diagrams,�etc�.,,as the city��e�Development Services Directo shall require. �� c,�y � ' �� C.Water Conservation Plans. No application for an SPA plan��if an SPA plan is;�ot required, no application \ � for a iTentative raMap, shall be deemed complete or accepted for review unless;� 1. It is accompanied by a wWater sConservati�� Plan whiehthat has be�een approved by the city; or e � - � �� 2. A wWater sConservation �Plan,whiehthat includes the;prc;ect,has already been initiated; or ��`•v �n 3. The applicant initiates the preparation of:aC'wWater sConservation gPlan in such form and/or containing '�` �9�'`',�P�, 9 9 tY,� «,..o„��r,,.,,. such infortnation, includfn mu's;drawin s, dia rams, etc., as the ci Develooment Services �:.��- Directorg � shahi�eq�uir�. •:�� \ D. No SPA plan, nor an��"y�Tenta�ve .��sa�f�siea-taMap, shall be approved, or deemed approved,without an ♦ , approved PFFP, ari approved afu��Qualiry ilmprovement pPlan and an aoproved wWater sConservation a�:c4._ k�\ ��.�l�: . pPlan.cTo provide consistency.and implementation of said plans, the city council may impose any condition to the a� �� ,,,,;..,.,, m ppr�oval of aq;S_PA p7an or iTentative �,,,Map necessary to implement the PFFP, the aAir qQualiry If mprove�t�Plan, the wWater sConservation �Pian, the QGroHrth a?Man2gement eProgram, or the � \ raasie��Facilit'y�tVlaster pPlans. � E. No tFnal ;aMap shall be approved until ali the condilions of the PFFP, the Air Qualitv Imorovement Pian and the wWater sConservation gPlan ave been met, or the project applicant has provided adequate security to the city that said plans will be implemented. 27 i � F. No other discretionary planning�approvals shall be granted unless the city council finds that the project is consistent with an approved PFFP, an aAir qQuality ilmprovement pPlan, and a wWater sConservation �Plan. G. No building permit shall be issued unless the permit is consistent with any applicable PFFP, the aAir qQualiry ilmprovement pPlan and the wWater sConservation�Plan and all applicable fees, including, but not limited to, development impact fees, traffc impact fees, drainage fees, school fees, park fees, sewer fees, water fees, or other development fees adopted by the city council, have first been paids��provision for their payment has been made to the satisfaction of the city council. �G��,ti�� '� I H. No development shall occur in a PFFP area if the demand for any public faciliti��af7astructure a d ~ � C��t services exceeds capacity and it is not feasible to increase capacity prior to completion of;development unless I ��ti. the means, schedule and f nancing for increasing the capacity isare�jstablished through theaexecution of a ; binding agreement providing for installation and maintenance of such facilit es:or;improv,ements in advance of '.i�ia. �L' '�� the city's phasing schedule. (Ord. 2790, 1999; Ord. 2448 §2„1991.). � �� u:3'�,. 19.09.0690 Public #Facilities €Finance �Plan Pf FFP�sContents`•. �+� �,v A. The reqwred contents of a Public Facilities Finand��P.lan 1�jPFFP�are outlined in Aopendix C of fhe atv's � `,� Growth Manaqemenf Proqram Implemenfation Manual, as�mav be amended from time to time. sbaN-seaiata a \��, ,*: � iR61tld2dwit#�t#ae�, a.. � t r, i„ a;:s'�.�a �.,,��,.� '�:.'��...F.,i..,,.,�..,. ..a �,_;ia�.,� T�... �i.,., _�,�ii � � � ., , � r..... �.. ;�.. .,, . .,. r._.......� _ _... . ..._ ._.. .._.. 'f�- •� . '��,�ti�? �� ' fi: l3� c.,��'��.�. oa ., �t�„ ,. �i ..i.,.. .'� .:�� . � � , ` .s?'t.`�: . '+>a:. A�\�:� �� A � �* Inn �.Mn1n1'. � �P�` \ ' .� � n 1 mnr� , ��; �^9 .. �^�^ ^^a-;e4m'�°�,o ,..��..� .. �o.a r...��,o ., ..s .,, �..�r., .,...vid.,�^�' .,�,��69F6faIER�4y-e�i61EF2-2(�d �a a,. ,,.�,.�,,,,:--�.,i.. .�,., .�.,.�, � �o��..� 28 . i 7 CvfonS In..fi'.�V� f�..�'I'S'.. ..1e � ..I�.�.. .. �.'I�.hl..� q Cnen'nl r�'Ni n4 e o 4r��i 1r�i� � F'c;�. _ �. � � . � � �� rvnnr� ��o mn '''� _ � �.._ n o`s"`r�� , .:f4.'..Ih.. �. .'0 L.� ' N�II.�.i ...f'n o.�i_ i � t �> .�p� � orro..e�i:.. � - 3 �� O C.cIC�AC� �' �� A I 'I.��o�� Z �� n r, ..�.,..�n:�� r,.........��,. ...a� _ 29 i � F f ❑ f 1' 'fh • y ;�� ..a�� 1 I '�I..f C-+n'I'1'.+ .A C A I' h rV I f F. 'I' ' rl cnlc I .1 .V' 'rl ..1 .i I ..� .. roo .'4L.'n �F.o t&-f e., p �.w,j°� `�`:.�.�t_;:�".:Ya� ?voh �............. ....�'..��f_.. /C\_i IK° ___I.'�.. _e lL... r.-..In �'{1�. fb ..1 . o q'1'4fi. TL._ 1 !'!" �I.�II L.�i.. ` cFm�},.,� I'f.� nlo fn nh ��:./'^��I.L o.i^Tl�a ...�I.:� e.� __ � _�-___.._ ._.._. _ _ .' . .� ,y,.�i,H.' m�,f;'� c Snvll {. �4.1` .., .'�.,.. � ...� �_�;..._IC :n:l.�ln_n.� .___''n.. IIF .� nlc.�..,°� �fRr'1L... ..4...:,cnclomo.d� ..� .".. _ . . . . _ S ' „i r%n . ..... (�iii/1/YS1n �5�4•�f��" �;;Y "��:1"� "' .:,, �- -..�.=5 �^ �::iir°n. Y�•. i.. . _.. °�: r;; ( '1' ' .� .V' I 1..1 iV 1.. �V... ' M.� �':.1�.� h.,iViA'�..r..'...�1 �. ..II �e 4nr . x . , '�dl �'�ill °;,:+y��'^AU Ai(e y:, � f AV� ' V� h = .+n!'� rn cl��li I�.. 'nrl (lo.l II m �-1 V�e cF�n nrn }ti.�} n �M '�i?'_ Y�=':. *`'Y f� Y �� . �9,8�949�pe gre fea-im,,.,.,,e..,�..�� ,..ii �.o ,.a .,..a ��s.,..��i`��. �� v r _ , --�.��-�{,- -t.,- F.�'�''� � �•��•f f..nV. '..�V.o n ..tL. ... .,..� n.l �V.e�h.ocL.nlrl �1.,..(1�..�1� r _ �_.. ._ ._._. . . _ .. ^ „ , " , � � �, `�, � �..'*�`J ��AQ\i��.L. V. �L.L.I 4. 1he� f m i r I..eb.l . . .I f oc �.nrl �oni�.+c ..+.. '.�.1 4��•fL.n V,Y d� � �l''�i!�� ,�� ,5:.'� . 'iy„,p.VYh `u e�.;t� �Y��?(w 'y M��'��".�, ll..,c.,�'11. .. ..�.. �V,., nf f..n'1'f�r =f326i �''�,?s{ �,_ ....�...`, r..'., ... ,� ., ...� ., ..�' ' _' __. ..__ _ � r{-'v� __ �2_..� Li�c'.. nhorl lo �h�.11 ' .�I .I.. �. .�V. .J Ie ..i.�e"el..nmone .;1V�'n 1ho �. ...�I �+ �h fl... Y " '.V.,.J'Ai .. ...�le .V.e.e�ha �o.....nrl fn.f..nIIIN..� .....�I ' .d� ... .,.i R.c n Nh, .....1 ..I+.�c nL,c.V Ic fho DCCD��f .V�...�..�i...f� I�fL.� .�'hi� ��1.°l..nl:n h.... lo..�l.__ '_�_.`_'� pna .. ..� ... _ . _. . _ 30 . i �m�,.. � � � � . � . �� . . � ��, � �_. �� p�� . . �� > ��_ , ��L��_ �. � �� '- ��` �� , , `il �'�� v ..�.�e�1..-,_..,00�_.�� $ � •��-'' �� DCC��. ��f'�±'�5��3 , �r�• � � G3'' �`�"�a�,, ° , �� . �� 4� .� �� . �� . . . ,. , , �� _ ��, _,�� .,�„� ,� � a.��,e 31 i . �s -d��,...m�.., T�, . ..,..,��,�� :...�„a,. _.. ..r. �r........ ___ yh� „'.:.'.'� ��iiy� , y�j�� . !;^,.��`:d,y,, f{sa I .1 rV'� .��c 1... o.,l n �V.e�ryflt ••f�I.., � �TVi'c ..f�h�.IliL.., ......... .... ..'.�.. .._'_ ' �-_•_ _`___ _r-'� - ' �,�_��2 �.�x �i; 1"'"�t":�h �`�� '� 1� ��:�,p �� K n � 1. ,.I...�� ..,.� L.e , o.l o .,f! ...V' ' ' n cn 'r n n cr� . .....'. T° _.._ . .✓ . . ... ...................� _.._.. .._`__ ._�_.'__ __ - _ _ __ _.,. . � . �IiM� Ijy�,,;p 4;��'1��. ��,. �Q �p�, .l'�An�Y AY�'i�°,.�.r� rn�,�i�s �1 i ...,� m.a o�on �000� n..� onna a o �oo�� ..4t '+'.c_�° �.� .,r,,,.,.. . �..,.... .... � � — . _. ._ o _. __ ., +;'.e: �x="'n. ,:-M, . ✓'k �',',:x•_. _..........................................._.............._Py�,.�!�.......�...........�..�_. .�f�.' ;. 19.09.8�100 Public #Facilities €Finance Plert PFFP Pre "aration. �........... . .... . •�ye'r c^^,,, a,�,,, k,�.. A. A PFFP, an aAir qQuality Elmprovement pPlan, and a wWater;sConservation pPlan may be processed �p;{.L�rllr}— 5uj�..v concurrentty with the SPA plan or tTentative mMap. 1;i'��' T�, ,�d';✓ B. A PFFP may be initiated;by filing an application with the dkectefiof-Develoqment Services Director�lan�i�� '�.; �',;-�,�,. aa�-�ui4ding. The applicant shall:pay a�deposit at the time any application for a PFFP is accepted. �� . �. �;,� �:;:: C. A PFFP for a project�hall;be prepared by the city, or a consultant selected by Ihe city, acwrding to the P °fii;� `'�� procedures established'by ttiis cfiapter.`? �� .�-� �� ,;�... :�,.� � �.,� D. The:cost of�P_FFP�preparation shall be advanced to the ciry by the applicant and any participating owner or °<:;"^�, `=i `�:r�_ ownersrprior to PFFF preparation. (Ord. 2790, 1999; Ord. 2448 §2, 1991). ti �'f 19.09.A�.� . �� 110tP_u61ic #Facilities #Finance Plan PFFP fReview. . .._..__:_._..__._.__.._...---__...._................._P_............. _,............. A. PFFPs shall be reviewed according to the following procedure: 1. A completed PFFP complying with this chapter, and accompanied by a processing fee in an amounl established by city council resolution, may be submitted to the ditester-o#-Development Services Director p4��+tdi�g for processing. If the di�ester-e€Development Services Directorp��.:�a�^� determines that the plan complies with the provisions of this chapter, the dDirector shall accept the PFFP for 32 . i Ireview. Once the PFFP has been reviewed and complies with the provisions of this chapter, it shall be set for public hearing before the planning commission together with the accompanying development plan. 2. The hearing shall be noticed according to the provisions of CVMC 19.12.070. A staff report containing recommendations on the PFFP shall be prepared and fumished to the public, the applicant, and the planning commission prior to the hearing. ��°' 3. The planning commission shall hear and consider the application and shali by resolution prepare Irecommendations and findings for the city council. The action of the commission:shall be fled��h`tfie city � � clerk, and a copy shall be mailed to the applicant. �� 4.When the planning commission action is filed with the ciry clerk, the clerk shall set the m� fr o public I r� � hearing before the city council. The hearing shall be noticed according to th=e provision�s of CVMC 19.12.070. 5. The ciry council shall hear the matter, and after considering the,findin9s�an�ecommendations of the I � � planning commission, may approva, conditionally approve, or deny thepl� The city council may includ�in the resolution adopting the PFFP any fees or facilih s improvement requ e�nts provided for in city I � �� ordinances in order to implement the QGrowth rr�AAanagement�Program, the raas4e�faciliry master olans and the PFFP. �� . 6. A PFFP may be amended following the sam�procedures for the onginal adoption. (Ord. 2790, 1999; Ord. 2448§2, 1991). `'� _� ��. ��- 19.09.99120 Public #Facilities #Finance pPlan �PFFP) +Implementation. ��'. �•� �,.,�� ..,.,,,,,...�,,, ,,,,, ..�,...m.,.,, .,,.�,;�„�,..,,,,.� A. The si£y-maaageFDevelooment Services Director° shall ensure thai PFFPs are pFe�red fo all SP.�,4'plans and Tentative Maps. or equivalent�roiects pursuant to CVMC r'-�i. `e"� �� 19.48: _ w , , . �� . \� _,�' �,� . , �� . B. In the event that Ihe eiFy-see�asilDevelooment Services Director or his desiqnee finds that the project is not in substantial compliance with the PFFP as modified or amended, the developer s#alimav be deemed to be in default and ae taRbercontinued issuance of building or development permits°��" �- °° ^�' �^�' �'^.,°'^^�^°^' °��"��^�^^mav be affected. (Ord. 2448 § 2, 1991). 19.09.1630 Public #Facilities #Finance pPlan PFFP aAmendment. 33 i � A. Adoption of a PFFP does not establish any entitlement or right to any particular general plan or zoning designation or any particular development proposal. A TL. 'I V...II ., .,II . �V.o DCCD . ...� n rorl V.�i f�... ......��f'..... '��....��'.V�.c fV.o � i � i � . o I . ...1 �°r�' 6B. If the ^�� Development Services Direcior pursuant to CVMC 19 09 110 determines that facilities �*��4,. or improvements within a PFFP are inadequate to accommodate any further development within that area, then development shall cease or be metered until a remedv is implementedtk�e-c+ty-ma�r�a��e�'�` �^^�� +�f'�'�^^.,�^ ��^�"^^ ^^" If the s+FysedasilDevelopment Services Di�rec or determines th�aet4ysuch ' �,� ��,.� events or changed circumstances adversely affect the health, safety or welfare of the city�th�e city may require I .��*'�4. "+`�� the amendment, modification, suspension, or termination (hereinafte.rJ'cHange")of an approved PFFP. If the :� � � city requires such change, the city shall (1)give notice to applicant or owner.;of;(a)the'city's intended aclion to �z,*�'" ''1 change the PFFP, and (b)the reasons and factual basis for the�city's determination; (2)give notice to the �d '+��r. .�\\�a applicant or owner, at least 3�days prior to the hearing date, of the tim��e,.and"p'lace of the hearing; and(3) hold "�'��;c 4'�. a city council hearing on the determination, at which,hearing the applicant,or owner shall have the nght to I ��c ;�r present witnesses, reports, and oral and written testimony. Prior to-approving any change, the city shall find "3�� Zs;' that(i)the circum�'3nces were unknown or that the circumstances have changed; and (ii)the health, safety or I �; welfare of the community requires the change of the PFFP._This provision shall neither limit nor expand the rights of liabilities of either of the parties with resp ct to the PFFP or the development of the property. :�V � ��',,3i �`��, v� If, after notice and hearing, the;c uncil`.'determines that a deficiency exists, then no further building or �� 11\k ��\ development permits shall be issued withiri:th'e affected area,and development shall cease until an �� amendment to the app�cable:PF.FP wJ�cls-mitigatin�c es the deficiency is approved by the city council. BC. T�he,,city:coun�may in tat�amendment to any PFFP at any time if, in its discretion, it determines that an amendmen�ec�s3,ry to provide adequate facilities and improvements and subsequent permits will be �;�. °�� conditioned.on conformance. (Ord. 2448 § 2, 1991). � s� �� 19.09.1�40 Exceptions and eExclusions_ A. Exceptions. Nothinq in this chapter shall alter or amend the terms and condihons of anv development aqreement entered into between the citv and a develoqer. 34 : i .��.,,,�,...me.,, .. ..,e.,,e.e., ..,,. �,.,..,. ,. ,�.. .:... ...... .. ae„e�,...e. � � ,�- :� =� ��:-- �� .�� ' _ •��=� �� r��: S� , �� . � _ �, �, _ �, �-: 6B. Exclusions. Development projects which cons s�o facilities or struc�t�ures constructed by a city,counry, �;� 4,=,, special district, state, or federal govemment or any agency;d��rtment, or subsidiary thereof for governmental purposes are excluded from the provisions of this chapter. STo`the extent that the city has authority to regulate such development projects, such projects shall��t be exempL For example. anv orivate development occurrinq on land leased fr� a p�aqencv would not be exempt. This exclusion shall not apply to ��T ��: development projects to whicli�ess_�ry�terest tax would be applicable. (Ord. 2445§2, 1991). I19.09.1�50 Extensio of pPnor a provals. �� " � After approval of an•applicable PEFP for a development project, an extension of the expiration date of a �.��.�-�. �� fTen�vta�t,ive ° ��''•�m°'^^ ^�Map may onty be granied if the project is in confortnance with the PFFP and the gGrow h faMana�eM�Program. The exiension may be conditioned on such matters as the city deems �� jusEapprooriate or necessarv to make the Tentative Mao conform to the PFFP and the Growih AAanaqemeni �-'�:iry, Proqram, including, but not limited to, requirinq ihe develooer to submit anv information. studies. plans and diaorams to show compliance wilh the applicable PFFP . (Ord. 2448 §2, 1991). 19.09.1360 Obligation to pPay#Fees or ilnstall €Facilities fRequired by aAny eOther_ILaw. 35 i � Nothing in this chapter shall be construed as relieving a builder, developer or subdivider from any requirement to provide public facilities, to dedicate property or to pay fees,which requirement is imposed pursuant to this title or pursuant to any city council policy. (Ord. 2448 §2, 1991). 19.09.7740 Implementing �e4inesProcedures. _... �...._.. The city council may adopt any proceduresgaideliaes it deems necessary to implement this chapter, including procedures for administerinq the a gGrowth �Management�Program or rr�asleFfacility rtiaster plans. (Ord. 2448§2, 1991). �� 19.09.1850 Council aActions, #Fees, +�Notice. ` � � 'e �` ,.:;�. _......_......................._..- ---__....---........._......._.........._....................._ .._................... __............... .. .. ........._"•.s;...._..._..........r v,_.............................. A.Whenever this chapter requires or permits an action or decision of the:city council, that action or decision �ati:;�s:;;:;> ^,`+�' shall be accomplished by resolution and/or ordinance. as appropriate �+y �� ";,, <#i�;�J�� c,� Z'�;, .,v, B. The city council shall establish application and processing fees;for the submission and processing of gPublic fFacilities fFinancing pPlans PFFPs . � ��. C��, � ^:;\�``? ��.. �> C. W henever written notice is required to be giveri;to property owners under this chapter, the notice shall be �. •:�� , mailed by first class mail to the owners shown on the last'equalized'sssessment roll. (Ord. 2448 §2, 1991). � �v �'\�Z2,.�ao 19.09.1690 Severability. _..........__.._.._ �k- a;>, ,_................... �„ �;° If any section, subsection,.sentence;°clause or phrase of the ordinance codified in this chapter is for any reason � �� held to be invalid or unconstitutional by.the decision of any court of competent jurisdiction, such decision shall �� . �`�..._;;3 not affect the validity of the remairnng portions of the ordinance codified in this chapter.The city council ��;�, '��, declares that it would have passed tfie;�ordinance codified in this chapter, and each section, subsection, "�" �'� '^:x.. sentence, clause,a��nd phrase�the�reof, irrespective of the fact that any part thereof be declared invalid or ��:;�a unconstitutional,(Ord�•2448 §'2, 1991). ;�;� ' x �� •,� : `: 19.09�200 Facility mMaster pPlans . ,,,,..................__�..... ................................... ..................................................................................__._....................... The citv shall main�t�a n a series of facilitv master pians as mav be amended from time to time for infrastructure and services throuqhout the citv that reqard the threshold standards m this chaqter, includmq, but not limded to. police, fire and emerqencv serwces libranes parks and recreation wastewater drainaqe and circulation. In anticipation of service demands. these master plans shall contain an analvsis of existinq facilities existinq and proiected demand, and oroposed maintenance and capital improvement proiects. Thev shall also ideniifv financinq plans to accomplish identified improvements. 36 : i ��o� �� R C'.i+IC�AC. °C'... b�1'..n AA�.eSCr Dl�+n ^ ii�.1...V AM.�L. OQ �OA� !� .,L.�':�:.e tA..��c.Dl�+n " .1�4,.1 AI... �...f.c. �ORA � . mB—VI��-.�:o.:2Ehti�-.f "c . .,�,.,..�e, n ��,,.:�.,�ni.,�,,,nn��, oi�.,^ a.,�,,.� n,,,.,,�.,�.� �� `-"=" . ��.�� G e ur f�t, �., �r ..�ni..��,,. .,e�,ne..��o, oi.,.. ^ a.,�.,�,�i„ �o ��cT �� ..� . __.._.: __, _. ___-_ .__._ .-___.._ __ _ __ .,--�� --rT, � '�:� �?+�- � � � , � � � �� , a�� , . ,aa� � ,�� .�� . � . � �� _� �� , , ,°� � r. I T ff' "C !'V. 1 �/' T oM ol.,.. ^ �` ��ee .. ...1'.. ,. . __' _.._._ .._'_ "_. _�_.'___.. . ..-._ .. : �� . � G � C-L ��e:i �� . � �Home c-'� >- ��4 �0 ��Y � _ =�� _ � �� 37 ATTACHMENT 3 —Accepted Edits Version Chapter 19.09 GROWTH MANAGEMENT Sections: 19.09.010 Purpose/Intent, Policies and Findings. 19.09.020 Definitions. 19.09.030 Growth Management Program Implementation Manual. 19.09.040 Threshold Standards for City Facilities and Services. 19.09.050 Threshold Standards for External Facilities and Services. 19.09.060 Amendments and Supplemental Threshold Standards. 19.09.070 Moratorium on Building Permits Allowed. 19.09.080 Requirement for Public Facilities Finance Plans (PF P), Air Quality Improvement Plans and Water Conservation Plans 19.09.090 Public Facilities Finance Plan (PFFP)Contents. 19.09.100 Public Facilities Finance Plan (PFFP) Preparation. 19.09.110 Public Facilities Finance Plan (PFFP) Review. 19.09.120 Public Facilities Finance Plan (PFFP) Implementation. 19.09.130 Public Facilities Finance Plan (PFFP)Amendment. 19.09.140 Exceptions and Exclusions. 19.09.150 Extensions of Prior Approvals. 19.09.160 Obligation to Pay Fees or Install Facilities Required by Any Other Law. 19.09.170 Implementing Procedures. 19.09.180 Council Actions, Fees, Notice. 19.090.190 Severability. 19.090.200 Facility Master Plans. 19.09.010 Purpose/Intent, Policies and Findings. ....................................................................................................................................................................................................................................................................................................................................... A. Purpose/Intent The purpose and intent of this chapter is to: 1) Implement the policy framework established by Chula Vista's General Plan for Chula Vista's Growth Management Program; 2)Codify threshold standards designed to assure that, as new development occurs, public facilities, infrastructure and services will exist, or concurrently be provided, to meet the demands generated by new development, and service levels to existing residents will not be reduced; and 3) Establish administration and compliance mechanisms. 1 2015-01-13 Agenda Packet Page 250 ATTACHMENT 3 —Accepted Edits Version B. Policies It is the policy of the city of Chula Vista to: 1. Provide that public facilities, infrastructure and services meet the threshold standards set forth in this chapter, and are provided in advance of, or concurrent with, the demands created by new development; 2. Assure that individual development projects measure potential impacts upon public facilities, infrastructure and services, and provide a plan for funding improvements needed to meet the threshold standards set forth in this chapter; 3. Provide quality housing opportunities for all economic segments of the community; 4. Provide a balanced community with adequate commercial, industrial, recreational and open space areas to support the residential areas of the city; N J 5. Balance the regional housing needs against the public service needs of Chula Vista residents and available fiscal resources, environmental constraints, and quality of life considerations; 6. Provide that all development is consistent with the Chula Vista general plan; 7. Limit or prevent additional development if public facilities, infrastructure and services meeting the threshold standards set forth in this chapter are not provided in a timely, phased and logical manner, as required by the General Plan; X 'NW 8. Control the timing and location of development by tying the pace of development to the provision that public facilities, infrastructure and services conform to the city's threshold standards, and to meet the goals and objectives of the Growth Management Program; 9. Promote orderly revitalization and redevelopment of older portions of the city, including the Urban Core and the commercial corridors; 10. Provide that the air quality of the city of Chula Vista is maintained consistent with applicable standards; 11. Require development to conserve water so that an adequate supply is maintained to serve the needs of current and future residents. 2 2015-01-13 Agenda Packet Page 251 ATTACHMENT 3 —Accepted Edits Version C. Findings. The city council of the city of Chula Vista hereby finds: 1. New development creates incremental demands for public facilities, infrastructure and services provided by the city and other public agencies serving the area; 2. New development demand for public facilities, infrastructure and services, if not concurrently met with expansion of public facilities, infrastructure and services,would result in facility and service shortages, including, but not limited to, streets, schools, libraries and general governmental facilities. These shortages would be detrimental to the public health, safety, and welfare of the citizens of Chula Vista; 3. The city has adopted and regularly updates facility master plans to ensure adequate infrastructure and services will be available to support the build-out demands of the adopted General Plan. 4. Since 1991, the city has maintained a growth management ordinance to achieve the"Purpose"outlined in "A", above, and has adopted a variety of related fee and funding programs to ensure that public improvements keep pace with growth. 5. Chula Vista's adopted General Plan includes provisions requiring facilities and services in advance of, or concurrent with, growth. 6. Prohibiting or limiting development unless adequate public facilities, infrastructure and services are available in advance of, or concurrent with, development is consistent with the city's policy to provide housing opportunities for all economic segments of the community, because sufficient opportunities for new housing continue to exist within the city, and this chapter does not affect the number of houses which may be built. In addition, development of housing for low-and moderate-income persons and families would most likely occur in areas of the city that are designated for highest development priority. 7. Adoption of this chapter will not adversely affect the regional welfare. By providing that adequate and safe public facilities, infrastructure and services will exist to serve all of the development in Chula Vista, and because many of these facilities and improvements are used by persons residing in neighboring areas and cities, the public health, safety and welfare of the whole region is enhanced. 8. This chapter will further the policies set forth above by: a) requiring identification for all public facilities, infrastructure and services required as a result of development; b) prohibiting or limiting development until adequate provisions for the public facilities infrastructure and services are made within the city, as herein 3 2015-01-13 Agenda Packet Page 252 ATTACHMENT 3 —Accepted Edits Version provided; and c)giving development priority to areas of the city where public facilities, infrastructure and services are already in place. (Ord. 2448 §2, 1991) 9. The city has influence upon, but not control of, the actions of other public agencies involved in providing services to the residents of Chula Vista, including school districts and water service purveyors. 19.09.020 Definitions. ....................................................................................................................................................................................................................................................................................................................................... Whenever the following terms are used in this chapter, they shall have the meaning established by this section unless from the context it is apparent that another meaning is intended: & "'Irl A. "Air Quality Improvement Plan" (AQIP) means a project-specific Air Quality Improvement Plan prepared and approved in accordance with CVMC 19.09.080, and Appendix A of the Growth Management Program Implementation Manual. J10% %, B. "Available facility and service capacity"shall be determined by the Development Services Director, using generally accepted planning standards and criteria, including the threshold standards set forth in this chapter. Specific facility service capacity shall be determined by subtracting from the total capacity for a specific facility service the demand of existing development plus the demand that will be created by approved development. C. "Developed areas of the city" means those areas of a predominantly urban character where development has already occurred and public facilities, infrastructure and services serving that development are in place. D. "Development" means any land use, building or other alteration of land and construction incident thereto. E. "Development Services Director"or"Director" means the Director of the city's Development Services W Department or their designee. F. "Discretionary planning approval" means any permit, entitlement or approval issued under the authority of the zoning and subdivision titles of the Chula Vista Municipal Code (CVMC), and any legislative actions such as zone changes, General Plan amendments, Sectional Planning Area (SPA) plans or General Development Plan approvals or amendments. G. "External public facilities and services" means the threshold standard topics that pertain to facilities and services provided from outside the city, such as schools,water and air quality. H. "Facilities" means any schools, public safety facilities, infrastructure, civic buildings, corporation yards, park/recreational areas or structures providing for fire, libraries, traffic controls, streets and highways, including 4 2015-01-13 Agenda Packet Page 253 ATTACHMENT 3 —Accepted Edits Version curbs, gutters and sidewalks, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, lighting facilities or other governmental services, required to be identified in a Public Facilities Finance Plan. I. "Facility Master Plan" means any adopted master plan for future facility needs for services associated with the Growth Management Program's threshold standards, including, but not limited to: sewer, drainage,water, police, fire and emergency services, libraries and parks. J. "Facility and service capacity" means the maximum amount of development which could take place prior to increasing the number or size of a facility or the level of service as determined by applying the appropriate threshold standard. 'Y 4 K. "Growth Management Program Implementation Manual" means a plan prepared and approved according to CVMC 19.09.030,which establishes compliance with the threshold standards, as provided in CVMC 19.09.040 and 19.09.050. L. "Moratorium" means building permits will not be issued for an area that has been identified as having a direct causal relationship to a specified threshold standard failure. City council must make specific findings and follow specific procedures as provided in CVMC 19.09.070. ;V M. "Project" means the activity for which either an application for a Sectional Planning Area (SPA) plan, a Tentative Map (TM), a Conditional Use Permit(CUP), or a similar activity has been or is required to be submitted and which may be subject to discretionary approvals by the city. N. "Public facilities finance plan (PFFP)" means a project specific Public Facilities Finance Plan prepared and approved in accordance with CVMC 19.09.080 through 19.09.130, and Appendix C of the Growth Management Program Implementation Manual. O. "SPA plan" means a Sectional Planning Area plan, as prescribed in CVMC 19.48. P. "Statement of Concern" means an implementation measure the Growth Management Oversight Commission (GMOC) may issue in its annual report: 1)for an external public facilities and services threshold standard, to highlight what action the city can take in order to solve a specified issue and encourage further or additional inter-agency cooperation/coordination. There may also be a recommendation for the issuance of correspondence or a resolution by the city council to the external agency, if the situation so warrants, as determined by the GMOC; or 2)for a threshold standard that is currently failing or forecasted to fail, and may 5 2015-01-13 Agenda Packet Page 254 ATTACHMENT 3 —Accepted Edits Version include elements dealing with city management and organization, budget priorities, and responsiveness to previous GMOC requests; or 3) in response to an overall or general quality of life consideration, irrespective to whether a particular threshold standard has been exceeded, or if it is a non-growth-related issue. It can offer a finding or make recommendations regarding city management, organization and budget priorities. Q. "Substantial compliance" means performance meeting the intent of the parties with respect to the obligations imposed pursuant to the PFFP. (Ord. 2448 §2, 1991). R. "Threshold standards" means those certain standards identified in CVMC 19.09.040 and 19.09.050 specifying the facilities and services required to support the present and future needs of the city. S. "Transportation Monitoring Program (TMP)" means the technical analysis of traffic operation on all urban and suburban arterials with average weekday traffic volumes greater than 20,000 vehicles per day. The TMP shall be based on the current Highway Capacity Manual, as may be amended from time-to-time. The technical analysis shall be conducted annually or as directed by the city council in order to monitor actual traffic operations and to predict future traffic levels and related deterioration in the level of service. T. "Water Conservation Plan" means a project-specific water conservation plan prepared and approved in accordance with CVMC 19.09.080, and Appendix B of the Growth Management Program Implementation Manual. 19.09.030 Growth Management Program Implementation Manual. ....................................................................................................................................................................................................................................................................................................................................... A. The city council shall adopt, by resolution, a Growth Management Program Implementation Manual that specifies how the policies and threshold standards set forth in this chapter are to be implemented, and, in so doing, assure that new development does not occur unless public facilities, infrastructure and services consistent with the threshold standards are available in advance of, or concurrently with, development. B. The Growth Management Program Implementation Manual shall incorporate and interpret the threshold standards as set forth in this chapter. C.The Growth Management Program Implementation Manual shall incorporate, by reference, the adopted facility master plans prepared by certain city departments, and shall address air quality and fiscal issues. D.The Growth Management Program Implementation Manual shall provide procedures for implementing any limits on building permits established pursuant to CVMC 19.09.070, and address growth-related fiscal and economic issues. E. The Growth Management Program Implementation Manual shall define the contents of 6 2015-01-13 Agenda Packet Page 255 ATTACHMENT 3 —Accepted Edits Version Public Facilities Finance Plans (PFFPs)that are required for all development projects pursuant to CVMC 19.09.080. E. The city council shall appoint a Growth Management Oversight Commission (GMOC), and the GMOC shall annually prepare a report and, upon doing so, the GMOC shall submit such report to the planning commission for input and recommendation, and to the city council for their action. F. The city council should annually review and, by resolution, act upon the Growth Management Oversight Commission's annual report. k 14r� G.Amendments to the Growth Management Program Implementation Manual may be initiated by action of the planning commission or city council, or upon request of an applicant. The city council shall act on the requested application. (Ord. 2448 §2, 1991). 19.09.040 Threshold Standards for City Facilities n Services. Threshold standards for city facilities and services are those under the direct control of the city, and apply to eight public facility and services topics, including: Drainage; Fire and Emergency Services: Fiscal; Libraries; Parks and Recreation; Police; Sewer; and Traffic. NO ""Y In order to provide that public facilities and services, government and other utility services, and improvements that are adequate to meet present and future needs of the city, the city council hereby adopts threshold standards for each facility or improvement listed below: A. Police. Goal: To maintain and improve the�current level of police service in the city of Chula Vista. Objective: Ensure that Police staff is adequately equipped and trained to provide police service at the desired level throughout the city. Nkff Threshold Standards: 1. Priority 1 —Emergency Calls'. Properly equipped and staffed police units shall respond to at least 81% of Priority 1 calls within 7 minutes 30 seconds and shall maintain an average response time of 6 minutes or less for all Priority 1 calls (measured annually). 7 2015-01-13 Agenda Packet Page 256 ATTACHMENT 3 —Accepted Edits Version 2. Priority 2—Urgent Callsz. Properly equipped and staff police units shall respond to all Priority 2 calls within 12 minutes or less (measured annually). 'Priority 1 —Emergency Calls are life-threatening calls:felony in progress:probability of injury(crime or accident):robbery or panic alarms: urgent cover calls from officers. Response: Immediate response by two officers from any source or assignment,immediate response by paramedics/fire if injuries are believed to have occurred. 2Priority 2—Urgent Calls are misdemeanor in progress:possibility of injury;serious non-routine calls(domestic violence or other disturbances with potential for violence): burglar alarms. Response: Immediate response by one or more officers from clear units or those on interruptible activities(traffic,field interviews,etc.) Note: For growth management purposes, response time includes dispatch and travel time to the building or site address, otherwise referred to as "received to arrive." qL Implementation Measures: k�n' 1. Should the GMOC determine that the Priority 1 —Emergency Calls threshold standard is not being met due to growth impacts, then the city council should, within 60 days of the GMOC's report, schedule and hold a public hearing to: a)consider adopting a moratorium on the issuance of new building permits; or b) adopt other actions sufficient to rectify the deficiency(ies). 2. Should the GMOC determine that the Priority 2—Urgent Calls threshold standard is not being met, it may issue a Statement of Concern in its annual report. B. Fire and Emergency Medical Services. Goal: To maintain and improve the quality of fire protection and emergency medical services (EMS) in the city of Chula Vista. X NO Objective: Ensure that Fire/EMS staff are properly equipped and trained to provide the desired level of service throughout the city. Facility Master Plan: A minimum of every five years, or whenever an update is needed, the city manager shall bring a fire and emergency medical services master plan to the city council for their consideration. The master plan shall include provisions for facilities, equipment and deployment. Threshold Standard: Emergency Response: Properly equipped and staffed fire and medical units shall respond to calls throughout the city within 7 minutes in at least 80%of the cases (measured annually). Note: For growth management purposes, response time includes dispatch, turnout and travel time to the building or site address. 8 2015-01-13 Agenda Packet Page 257 ATTACHMENT 3 —Accepted Edits Version Implementation Measures: 1. Should the GMOC determine that the threshold standard is not being met due to growth impacts, and the Facility Master Plan milestone targets are not being met, then the city council should, within 60 days of the GMOC's annual report, schedule and hold a public hearing to a)consider adopting a moratorium on the issuance of building permits, or b)adopt other actions sufficient to rectify the deficiency(ies). 2. The GMOC may issue a Statement of Concern in its annual report if it determines that the threshold standard: a) is not being met, but the reason is not due to growth impacts; or b) is not being met due to growth impacts, but the Facility Master Plan is meeting its milestone targets, in which case the Fire Department will address the adequacy of the Facility Master Plan. C. Libraries. e)w4ka Goal: To provide a high-quality, contemporary library system that meets the varied needs of the community. Objective: Supplement existing libraries by providing and operating library facilities sufficient to meet the needs of new development. x " Facility Master Plan: A minimum of every five years, or whenever an update is needed, the city manager shall bring a libraries master plan to city council for their consideration. The master plan shall define the adequacy of library facilities and equipment and what constitutes adequate staffing and appropriate hours of operation, and identify library square footage needs consistent with the threshold standard at build-out. Threshold Standard: The city shall not fall below the citywide ratio of 500 gross square feet(GSF)of library space, adequately equipped and staffed, per 1,000 population. Implementation Mea s: ik 1. Should the GMOC determine that the threshold standard is not being met or is expected to fail within three years (based on forecasted growth and planned improvements), then the city manager should present to city council, for their consideration, a plan of action, which includes timing benchmarks and a finance plan that will bring the library system into conformance. 2. The GMOC shall be provided with an annual report that documents the appropriate staffing levels, equipment and operating hours of library facilities over the past year, current year operation, and anticipated hours of operation. Should the GMOC determine that the libraries are not adequately staffed, 9 2015-01-13 Agenda Packet Page 258 ATTACHMENT 3 —Accepted Edits Version equipped, or are not maintaining appropriate hours of operation, it may issue a Statement of Concern in its annual report. D. Parks and Recreation. Goal: To provide a diverse and flexible park system that meets both the active and passive recreational needs of the residents of Chula Vista. 41 Objective: Provide public park and recreational opportunities in a timely manner, implementing a facility master plan that describes the location, facility improvements, operational policies and funding program for proposed public parks and recreation facilities. x -X *w Facility Master Plan: A minimum of every five years, or whenever an update is needed, the city manager shall bring a parks and recreation master plan to city council for their consideration, and shall define terms, such as "appropriate facilities." Supplemental information may come from the Recreation Department Strategic Plan and from specific plans. '�Ny Threshold Standard: Three acres of public park land,with appropriate facilities, shall be provided per 1,000 1W residents for new development, citywide. Implementation Measures: 1. Should the GMOC determine that the threshold standard is not being met, then the city manager should present to the city council,for their consideration, a plan of action that includes timing benchmarks and a finance plan that will bring the parks and recreation system into conformance. 2. If construction of needed new park and recreation facilities is not started within three years of the deficiency reported by the GMOC, then the city manager should, within 60 days of the GMOC's report, schedule and hold a public hearing to: a)consider adopting a moratorium on the acceptance of new building permits; or b)adopt other actions sufficient to rectify the deficiency(ies). E. Sewer. Goal: To provide a healthful and sanitary sewer collection and disposal system for the residents of the city of Chula Vista, consistent with the city's Wastewater Master Plan. 10 2015-01-13 Agenda Packet Page 259 ATTACHMENT 3 —Accepted Edits Version Objective: Individual projects will provide necessary improvements consistent with city engineering standards. Treatment capacity should be acquired in advance of demand. Threshold Standards: 1. Existing and projected facility sewage flows and volumes shall not exceed city engineering standards for the current system and for budgeted improvements, as set forth in the Subdivision Manual. 2. The city shall annually ensure adequate contracted capacity in the San Diego Metropolit r Authority or other means sufficient to meet the projected needs of development. Implementation Measures: Oak 1. The city engineering department shall annually gather and provide the following information to the GMOC: a. Amount of current capacity in the Metropolitan Sewer System now used or committed and the status of Chula Vista's contracted share; '�Ny b. Ability of sewer facilities and Chula Vista's share of the Metropolitan Sewer System's capacity to CML. 1W absorb forecasted growth over the next five years; c. Evaluation of funding and site availability for budgeted and projected new facilities; and I d. Other relevant information. 2. Should the GMOC determine that a potential problem exists with respect to sewer, it may issue a Statement of Concern in its annual report. F. Dr ge. Goal: To provide a safe and efficient storm water drainage system to protect residents and property in the city of Chula Vista. Objective: Individual projects will provide necessary improvements consistent with current city engineering standards and local, state and federal regulations. 11 2015-01-13 Agenda Packet Page 260 ATTACHMENT 3 —Accepted Edits Version Threshold Standards: 1. Storm water flows and volumes shall not exceed city engineering standards and shall comply with current local, state and federal regulations, as may be amended from time to time. 2. The GMOC shall annually review the performance of the city's storm drain system, with respect to the impacts of new development, to determine its ability to meet the goal and objective for drainage. Implementation Measures: 1. Should the GMOC determine that the threshold standards are not being met,with respect to new development, then the city manager should present to the city council, for their consideration, a plan of action that includes timing benchmarks and a finance plan that will bring the storm drain system into conformance. Construction or other actual solution shall be scheduled to commence within three years. 2. Should the GMOC determine that the threshold standard is not being met, with respect to existing development, it may issue a Statement of Concern in its annual report.e G.Traffic. Goals: 1. To provide and maintain a safe and efficient street system for all modes of transportation within the city of Chula Vista. X 'NW 2. To accurately determine existing and projected levels of service (LOS)for motorists, using the Highway Capacity Manual (HCM) performance measurement methodology. 3. To recognize the unique nature of urbanizing neighborhoods as destinations, and to establish a commensurate street classification and LOS threshold that encourages alternative modes of transportation, such as public transit, biking and walking. 4. To maintain a level of service value that represents a high quality of traffic flow under constrained operating conditions during peak periods of traffic activity. 12 2015-01-13 Agenda Packet Page 261 ATTACHMENT 3 —Accepted Edits Version Objectives: 1. Ensure timely provision of adequate local, multi-modal circulation system capacity in response to planned growth, and maintain acceptable levels of service. 2. Plan, design and construct new roadway segments and signalized intersections to maintain acceptable LOS standards at build-out of the General Plan's"Land Use and Transportation Element". 3. Plan, design and construct bicycle and pedestrian infrastructure improvements pursuant ost current Bikeway Master Plan and Pedestrian Master Plan. Threshold Standards: 1. Arterial Level of Service (ALOS)for Non-Urban Streets: Those Traffic Monitoring Program (TMP) roadway segments classified as other than Urban Streets in the"Land Use and Transportation Element"of the city's General Plan shall maintain LOS"C"or better as measured by observed average travel speed on those segments; except, that during peak hours, LOS"D" can occur for no more than two hours of the day. 2. Urban Street Level of Service (ULOS): Those TMP roadway segments classified as Urban Streets in the "Land Use and Transportation Element"of the city's General Plan shall maintain LOS"D"or better, as measured by observed or predicted average travel speed, except that during peak hours, LOS "E" can occur for no more than two hours per day. Notes to Standards. 1. Arterial Segment: LOS measurements shall be for the average weekday peak hours, excluding seasonal and special circumstance variations. 2. Ohe LOS measurement of arterial segments at freeway ramps shall be a growth management consideration in situations where proposed developments have a significant impact at interchanges. 3. Circulation improvements should be implemented prior to anticipated deterioration of LOS below established standards. 4. The criteria for calculating arterial LOS and defining arterial lengths and classifications shall follow the procedures detailed in the most recent Highway Capacity Manual (HCM)and shall be confirmed by the city's traffic engineer. 13 2015-01-13 Agenda Packet Page 262 ATTACHMENT 3 —Accepted Edits Version 5. Level of service values for arterial segments shall be based on the HCM. Implementation Measures: 1. Should the GMOC determine that the threshold standard are not being met, due to growth impacts, then the city council should, within 60 days of the GMOC's report, schedule and hold a public hearing to consider adopting: a)a moratorium on the acceptance of new building permits, or b)other actions sufficient to rectify the deficiency(ies). 2. The GMOC may issue a Statement of Concern in its annual report if it determines that the thresh standard will likely not be met within three years, due to growth impacts. 3. The Department of Public Works shall annually report on progress made in implementing construction of facilities listed in the Bikeway Master Plan, Pedestrian Master Plan, the Transportation Development Impact Fee Program (TDIF), and the Western TDIF. Monitoring Methodology 1. Identify all Traffic Monitoring Program (TMP)corridors and classify according to the latest Highway Capacity Manual (HCM) methodology. Typically, a TMP roadway is four lanes with a volume of 16,500 trips and at least one mile and a half in length. If the Average Daily Trip (ADT)-based level of service is "C" or worse on a street segment located within a city TMP corridor, then the city shall consider conducting a TMP measurement. ADT volume data shall not be older than two years. 2. A TMP measurement shall consist of a two-hour AM peak period measurement, a two-hour mid-day period measurement, and a two-hour PM peak period measurement. 3. TMP measurement shall be conducted by following the current protocol in the latest adopted HCM. 4. Any speed collection and volume data methodology that utilizes the latest technology consistent with HCM protocol can be used in obtaining arterial LOS, subject to approval by the city's traffic engineer. H. Fiscal. Goal: To implement land uses and activities that generate an adequate tax and revenue base that meets the economic needs of the residents of the city of Chula Vista, with new project development providing self- financing of capital projects. 14 2015-01-13 Agenda Packet Page 263 ATTACHMENT 3 —Accepted Edits Version Objectives: 1. Monitor the impacts of growth on the city of Chula Vista's fiscal well-being, considering both operating and capital improvement costs and revenues. 2. Monitor and update the effectiveness of the development impact fee programs, considering the appropriate and timely use of such funds. 3. Monitor and update the effectiveness of various public facility master plans to ensur )nding will be available to meet the demands of growth. **Y V�l Threshold Standards: Oak 1. Fiscal Impact Analyses and Public Facilities Financing Plans, at the time they are adopted, shall ensure that new development offsets the cost of development. IN J 2. The city shall establish and maintain, at sufficient levels to ensure the timely delivery of infrastructure and services needed to support growth, consistent with the threshold standards, a Development Impact Fee, capital improvement funding, and other necessary funding programs or mechanisms. Implementation Measures: 1. Use Fiscal Impact Analyses (FIA)and Public Facility Financing Plans (PFFPs)to evaluate and ensure that new development requiring the preparation of a SPA plan, or equivalent, pursuant to CVMC 19.09.040 and 19.48, contribute to the city's fiscal well-being by generating revenues and related economic activity that, at a minimum, offset the cost of providing municipal services for the new development. 2. The GMOC shall be provided with an annual fiscal impact report that provides an evaluation of the impacts of growth on the city in terms of operations and capital improvements. This report should evaluate actual growth over the previous 12-month period, as well as projected growth over the next 5-year period. 3. The GMOC shall be provided with an annual "development impact fee report,"which provides an analysis of development impact fees collected and expended over the previous 12-month period and projected for expenditure for projects included within the DIF programs. 19.09.050 Threshold Standards for External Facilities and Services. ....................................................................................................................................................................................................................................................................................................................................... A. Air Quality and Climate Protection. 15 2015-01-13 Agenda Packet Page 264 ATTACHMENT 3 —Accepted Edits Version Goal: To maintain and improve the ambient air quality enjoyed by the residents of Chula Vista. Objectives: 1. In an effort to address the impacts of transportation and building-related energy use at both the regional and local level, the city shall endeavor to implement applicable air quality improvement strategies and programs that meet or exceed those established through the current adopted Regional Air Quality Strategy (RAQS), California's Global Warming Solutions Act of 2006 (AB32), and the Chula Vista Climate Protection Program. k _"'Irl 2. In an effort to maintain and improve ambient air quality, the city shall endeavor to locally mitigate any new stationary source development project's criteria air pollutant emissions that exceed local air quality standards. Threshold Standard: The city shall pursue a greenhouse gas emissions reduction target consistent with appropriate city climate change and energy efficiency regulations in effect at the time of project application for SPA plans or for the following, subject to the discretion of the Development Services Director: a. Residential projects of 50 or more residential dwelling units; b. Commercial projects of 12 or more acres (or equivalent square footage); C. Industrial projects of 24,or more acres (or equivalent square footage); or d. Mixed use projects 0 equivalent dwelling units or greater. Implementation M es: 1. In order to determine compliance with the air quality and climate protection threshold standard, city staff shall provide the GMOC with an annual report that evaluates the city's progress toward adherence with relevant federal, state, regional, and local air quality improvement strategies, regulations, and programs. The report shall include the following: a. An overview and evaluation of local development projects approved during the prior year identifying compliance levels and progress towards meeting the air quality and climate protection threshold standard. 16 2015-01-13 Agenda Packet Page 265 ATTACHMENT 3 —Accepted Edits Version b. An assessment of whether the greenhouse gas emissions reduction levels should be revised based on updated state and federal standards, as applicable. c. Additional information on non-development activities being undertaken by the city that contribute to meeting or furthering the air quality and climate protection threshold standard. 2. After the city prepares an annual evaluation report, it shall provide a copy of the report to the Air Pollution Control District(APCD)for its response. The APCD should provide the city with a report on overall regional and local air quality conditions, the status of regional air quality improvement implementation efforts under the Regional Air Quality Strategy and related federal and state programs, and the effect of those efforts/programs on the city of Chula Vista and local planning and development activities. 4r,11% Ar 3. Should the GMOC determine that a deficiency exists with respect to any of the above air quality and climate protection implementation measures, either locally, regionally or both, it may issue a Statement of Concern in its annual report. B. Schools Goal: To ensure that the Chula Vista Elementary School District(CVESD)and Sweetwater Union High School District(SUHSD) have the necessary school sites, infrastructure and funding mechanisms to meet the needs of students in new development areas in a timely manner. Objective: Provide school district personnel with current development forecasts so that they may plan and implement school building and/or allocation programs in a timely manner. 0111q� IL Facility Master Plan: The GMOC will request updates of the school districts'facility master plans or equivalent documents that define the schools' essential facility needs necessary to provide adequate physical accommodation. Threshold Standar : The city shall annually provide the Chula Vista Elementary School District(CVESD)and the Sweetwater Union High School District(SUHSD)with the city's annual 5-year residential growth forecast and request an evaluation of their ability to accommodate forecasted growth, both citywide and by subarea. Replies from the school districts should address the following: 17 2015-01-13 Agenda Packet Page 266 ATTACHMENT 3 —Accepted Edits Version 1. Amount of current classroom and "essential facility" (as defined in the Facility Master Plan)capacity now used or committed; 2. Ability to absorb forecasted growth in affected facilities and identification of what facilities need to be upgraded or added over the next five years; 3. Evaluation of funding and site availability for projected new facilities identified; and 4. Other relevant information the school district(s)desire(s)to communicate to the city h Management Oversight Commission (GMOC). Implementation Measure: Should the GMOC determine that a capacity problem exists with respect to physically accommodating students, either currently or within the next five years, it may issue a Statement of Concern in its annual report. The annual report shall be provided to both school districts, with follow-up, to assure appropriate response. C. Water K IF Goal: To ensure that adequate supplies of potable and recycled water are available to the city of Chula Vista. Objectives: 1. Ensure that adequate storage, treatment and transmission facilities are constructed concurrently with planned growth. NW 2. Ensure that water quality standards requirements are met during growth and construction. 3. Encourage water conservation and use of recycled water where appropriate and feasible. Thresho andar 1. Adequate water supply must be available to serve new development. Therefore, developers shall provide the city with a service availability letter from the appropriate water district for each project. 2. The city shall annually provide the San Diego County Water Authority, the Sweetwater Authority and the Otay Municipal Water District with the city's annual 5-year residential growth forecast and request that they provide an evaluation of their ability to accommodate forecasted growth. Replies should address the following: 18 2015-01-13 Agenda Packet Page 267 ATTACHMENT 3 —Accepted Edits Version a. Water availability to the city, considering both short-and long-term perspectives. b. Identify current and projected demand, and the amount of current capacity, including storage capacity, now used or committed. c. Ability of current and projected facilities to absorb forecasted growth. d. Evaluation of funding and site availability for projected new facilities. mm e. Other relevant information the district(s)desire to communicate to the city and the Growth Management Oversight Commission (GMOC). x Implementation Measure: Should the GMOC determine that a current or potential problem exists with respect to water, it may issue a Statement of Concern in its annual report. I 'X q0 19.09.060 Amendments and Supplemental Threshold Standards. These standards may be amended from time to time on approval by the city council. (Ord. 2860 §§ 1, 2, 2002; Ord. 2859 § 1, 2002; Ord. 2748 § 3, 1999; Ord.2486 § 1, 1991; Ord. 2448 §2, 1991). 19.09.070 Moratorium on Building Permits Allowed A. Imposing Temporary Limits on Building Permits The city council may, by ordinance, impose a limit on building permits for construction of residential and/or non- residential development after making specific findings as to the health, safety and welfare concerns of continued development, as set forth in "B" below. B. Findings Requir Prior to adopting an ordinance imposing a limit on building permits, the city council shall consider making one or more of the following findings: 1. That continued development will make it unlikely for the intent of the Growth Management Program to be achieved, as expressed by the"Growth Management Element'of the General Plan and this chapter. 19 2015-01-13 Agenda Packet Page 268 ATTACHMENT 3 —Accepted Edits Version 2. That continued development will cause deterioration of the city's quality of life, and compromise the health, safety and welfare in the city of Chula Vista. 3. That continued development will strain the city's fiscal resources an ability to deliver high quality services to all its residents. C. Procedures for Implementing Limits on Building Permits. If the city council makes the necessary required findings to impose a limit on building permits, th all adopt an ordinance that specifies: 1. Area where the moratorium applies; 2. Duration of the moratorium (when it begins and ends); 3. Any exemptions or exceptions or conditions. These shall be consistent with the overall objectives of the city action and broader land use policy. Exemptions could include"affordable" housing units (units sold or rented at below market rates to meet the city's Housing Element requirements). Exceptions might include units that have been allocated as part of a separate agreement(e.g., a development agreement); 4. Any conditions that would allow the moratorium to be lifted prematurely; and 5. How the building permits shall be allocated. 19.09.080 Requirement for Public Facilities Finance Plans (PFFP), Air Quality Improvement Plans, and Water Conservation Plans. ....................................................................................................................................................................................................................................................................................................................................... A. Public Facilities Financing Plans. No application for a SPA plan, or, if an SPA plan is not required, no application for a Tentative Map, shall be deemed complete or accepted for review unless: 1. It is accompanied by a PFFP which has been approved by the city; or 2. A PFFP that includes the project, has already been initiated; or 3. The applicant initiates the preparation of a PFFP. The PFFP may be waived by the city council upon a showing that there are no public facilities, infrastructure and service needs warranting the preparation of a PFFP. 20 2015-01-13 Agenda Packet Page 269 ATTACHMENT 3 —Accepted Edits Version B.Air Quality Improvement Plans. No application for a SPA plan, or, if an SPA plan is not required, no application for a Tentative Map shall be deemed complete or accepted for review unless: 1. It is accompanied by an Air Quality Improvement Plan that has been approved by the city; or 2. An Air Quality Improvement Plan that includes the project, has already been initiated; or 3. The applicant initiates the preparation of an Air Quality Improvement Plan in such form and/or containing such information, including maps, drawings, diagrams, etc., as the city Development Services Director shall require. F*%- J C.Water Conservation Plans. No application for an SPA plan, or, if an SPA plan is not required, no application for a Tentative Map, shall be deemed complete or accepted for review unless: 1. It is accompanied by a Water Conservation Plan that In een approved the city; or O 2. A Water Conservation Plan, that includes the project, has already been initiated; or 3. The applicant initiates the preparation of a Water Conservation Plan in such form and/or containing such information, including maps, drawings, diagrams, etc., as the city Development Services Director shall require. D. No SPA plan, nor any Tentative Map, shall be approved, or deemed approved, without an approved PFFP, an approved Air Quality Improvement Plan and an approved Water Conservation Plan. To provide consistency and implementation of said plans, the city council may impose any condition to the approval of a SPA plan or Tentative Map necessary to implement the PFFP, the Air Quality Improvement Plan, the Water Conservation Plan, theGrowZ nagement Program, or the Facility Master Plans. E. No Final Map shall be approved until all the conditions of the PFFP, the Air Quality Improvement Plan and the Water Conservation Plan have been met, or the project applicant has provided adequate security to the city that said plans will be implemented. F. No other discretionary planning approvals shall be granted unless the city council finds that the project is consistent with an approved PFFP, an Air Quality Improvement Plan, and a Water Conservation Plan. G. No building permit shall be issued unless the permit is consistent with any applicable PFFP, the Air Quality Improvement Plan and the Water Conservation Plan and all applicable fees, including, but not limited to, 21 2015-01-13 Agenda Packet Page 270 ATTACHMENT 3 —Accepted Edits Version development impact fees, traffic impact fees, drainage fees, school fees, park fees, sewer fees, water fees, or other development fees adopted by the city council, have first been paid or provision for their payment has been made to the satisfaction of the city council. H. No development shall occur in a PFFP area if the demand for any public facilities, infrastructure and services exceeds capacity and it is not feasible to increase capacity prior to completion of development unless the means, schedule and financing for increasing the capacity are established through the execution of a binding agreement providing for installation and maintenance of such facilities or improvements in advance of the city's phasing schedule. (Ord. 2790, 1999; Ord. 2448 §2, 1991). **Y J V�l 19.09.090 Public Facilities Finance Plan (PFFP) Contents. A. The required contents of a Public Facilities Finance Plan (PFFP)are outlined in Appendix C of the city's Growth Management Program Implementation Manual, as may be amended from time to time. 19.09.100 Public Facilities Finance Plan (PFFP)..Preparation. A.A PFFP, an Air Quality Improvement Plan, and a Water Conservation Plan may be processed concurrently with the SPA plan or Tentative Map. NO 1W B.A PFFP may be initiated by filing an application with the Development Services Director. The applicant shall pay a deposit at the time any application for a PFFP is accepted. C.A PFFP for a project shall be prepared by the city, or a consultant selected by the city, according to the procedures established by this chapter. D.The cost of PFFP preparation shall be advanced to the city by the applicant and any participating owner or owners prior to PFFP preparation. (Ord. 2790, 1999; Ord. 2448 §2, 1991). 19.09.110 Public Fac'i'lities Finance Plan (PFFP) Review. ....................................................................................................................................................................................................................................................................................................................................... A. PFFPs shall be reviewed according to the following procedure: 1. A completed PFFP complying with this chapter, and accompanied by a processing fee in an amount established by city council resolution, may be submitted to the Development Services Director for processing. If the Development Services Director determines that the plan complies with the provisions of this chapter, the Director shall accept the PFFP for review. Once the PFFP has been reviewed and 22 2015-01-13 Agenda Packet Page 271 ATTACHMENT 3 —Accepted Edits Version complies with the provisions of this chapter, it shall be set for public hearing before the planning commission together with the accompanying development plan. 2. The hearing shall be noticed according to the provisions of CVMC 19.12.070.A staff report containing recommendations on the PFFP shall be prepared and furnished to the public, the applicant, and the planning commission prior to the hearing. 3. The planning commission shall hear and consider the application and shall by resolution prepare recommendations and findings for the city council. The action of the commission shall be filed with the city clerk, and a copy shall be mailed to the applicant. N 1; 4. When the planning commission action is filed with the city clerk, the clerk shall set the matter for public hearing before the city council. The hearing shall be noticed according to the provisions of CVMC 19.12.070. `` 5. The city council shall hear the matter, and after considering the findings and recommendations of the planning commission, may approve, conditionally approve, or deny the plans. The city council may include in the resolution adopting the PFFP any fees or facilities improvement requirements provided for in city ordinances in order to implement the Growth Management Program, the facility master plans and the PFFP. 6. A PFFP may be amended following the same procedures for the original adoption. (Ord. 2790, 1999; Ord. 2448 §2, 1991). X� 'NW 19.09.120 Public Facilities Finance Plan (PFFP) Implementation. ................................................................... A. The Development Services Director shall ensure that PFFPs are prepared for all SPA plans and Tentative Maps, or equivalent projects pursuant to CVMC 19.48. B. In the event that the Development Services Director or his designee finds that the project is not in substantial compliance with the PFFP as modified or amended, the developer may be deemed to be in default and continued issuance of building or development permits may be affected. (Ord.2448 § 2,1991). 19.09.130 Public Facilities Finance Plan (PFFP) Amendment. ....................................................................................................................................................................................................................................................................................................................................... A.Adoption of a PFFP does not establish any entitlement or right to any particular general plan or zoning designation or any particular development proposal. 23 2015-01-13 Agenda Packet Page 272 ATTACHMENT 3 —Accepted Edits Version B. If the Development Services Director, pursuant to CVMC 19.09.110, determines that facilities or improvements within a PFFP are inadequate to accommodate any further development within that area, then development shall cease or be metered until a remedy is implemented. If the Development Services Director determines that such events or changed circumstances adversely affect the health, safety or welfare of the city, the city may require the amendment, modification, suspension, or termination (hereinafter"change")of an approved PFFP. If the city requires such change, the city shall (1)give notice to applicant or owner of(a)the city's intended action to change the PFFP, and (b)the reasons and factual basis for the city's determination; (2) give notice to the applicant or owner, at least 30 days prior to the hearing date, of the time and place of the hearing; and (3) hold a city council hearing on the determination, at which hearing the applicant or owner shall have the right to present witnesses, reports, and oral and written testimony. Prior to approving any change, the city shall find that(i)the circumstances were unknown or that the circumstances have changed; and (ii)the health, safety or welfare of the community requires the change of the PFFP. This provision shall neither limit nor expand the rights of liabilities of either of the parties with respect to the PFFP or the development of the property. If, after notice and hearing, the council determines that a deficiency exists, then no further building or development permits shall be issued within the affected area and development shall cease until an amendment to the applicable PFFP mitigating the deficiency is approved by the city council. C.The city council may initiate an amendment to any PFFP at any time if, in its discretion, it determines that an amendment is necessary to provide adequate facilities and improvements and subsequent permits will be conditioned on conformance. (Ord. 2448§2, 1991). 19.09.140 Exceptions and Exclusions. ....................................................................................................................................................................................................................................................................................................................................... A. Exceptions. Nothing in this chapter shall alter or amend the terms and conditions of any development agreement entered into between the city and a developer. B. Exclusions. Development projects which consist of facilities or structures constructed by a city, county, special district, state, or federal government or any agency, department, or subsidiary thereof for governmental purposes are excluded from the provisions of this chapter. To the extent that the city has authority to regulate such development projects, such projects shall not be exempt. For example, any private development occurring on land leased from a public agency would not be exempt. This exclusion shall not apply to development projects to which a possessory interest tax would be applicable. (Ord. 2448 §2, 1991). 24 2015-01-13 Agenda Packet Page 273 ATTACHMENT 3 —Accepted Edits Version 19.09.150 Extensions of Prior Approvals. ....................................................................................................................................................................................................................................................................................................................................... After approval of an applicable PFFP for a development project, an extension of the expiration date of a Tentative Map may only be granted if the project is in conformance with the PFFP and the Growth Management Program. The extension may be conditioned on such matters as the city deems appropriate or necessary to make the Tentative Map conform to the PFFP and the Growth Management Program, including, but not limited to, requiring the developer to submit any information, studies, plans and diagrams to show compliance with the applicable PFFP. (Ord. 2448 §2, 1991). 19.09.160 Obligation to Pay Fees or Install Facilities Required by Any Other Law. Nothing in this chapter shall be construed as relieving a builder, developer or subdivider from any requirement to provide public facilities, to dedicate property or to pay fees, which requirement is imposed pursuant to this title or pursuant to any city council policy. (Ord. 2448 §2, 1991). 19.09.170 Implementing Procedures. .................................................................................................................................................................................... ..........................) ................................................................... The city council may adopt any procedures it deems necessary to implement this chapter, including procedures for administering the Growth Management Program or facility master plans. (Ord. 2448 §2, 1991). 19.09.180 Council Actions Fees Notice. ............................................................................................r......................................................................V...................................................................................................................................... A.Whenever this chapter requires or permits an action or decision of the city council, that action or decision shall be accomplished by resolution and/or ordinance, as appropriate. B. The city council shall establish application and processing fees for the submission and processing of Public Facilities Financing Plans (PFFPs). C.Whenever written notice is required to be given to property owners under this chapter, the notice shall be mailed by first class mail to the owners shown on the last equalized assessment roll. (Ord. 2448 §2, 1991). 19.09.190 Severability. If any section, subsection, sentence, clause or phrase of the ordinance codified in this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance codified in this chapter. The city council declares that it would have passed the ordinance codified in this chapter, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any part thereof be declared invalid or unconstitutional. (Ord. 2448 §2, 1991). 25 2015-01-13 Agenda Packet Page 274 ATTACHMENT 3 —Accepted Edits Version 19.09.200 Facility Master Plans. ....................................................................................................................................................................................................................................................................................................................................... The city shall maintain a series of facility master plans, as may be amended from time to time, for infrastructure and services throughout the city that regard the threshold standards in this chapter, including, but not limited to, police, fire and emergency services, libraries, parks and recreation, wastewater, drainage and circulation. In anticipation of service demands, these master plans shall contain an analysis of existing facilities, existing and projected demand, and proposed maintenance and capital improvement projects. They shall also identify financing plans to accomplish identified improvements. Home < 26 2015-01-13 Agenda Packet Page 275 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO CHULA VISTA MUNICIPAL CODE CHAPTER 19.09 (GROWTH MANAGEMENT) (FIRST READING) WHEREAS, in response to growth and in anticipation of additional growth in Chula Vista, the City Council adopted the Threshold Standards and Growth Management Oversight Committee Policy in 1987 and the Growth Management Program and "Growth Management" ordinance in 1991; and WHEREAS, in 2003 the City Council, in response to a growth boom that began in 1999, requested that a comprehensive review of the "Growth Management" ordinance and threshold standards be conducted to make certain that they worked"in today's world"; and WHEREAS, in 2004 a white paper with observations and suggestions to explore updates to the "Growth Management" ordinance and threshold standards, was presented to Council, and Council accepted the white paper, authorizing a work program for undertaking a "top-to-bottom" review and the preparation of resultant revisions to the City's Growth Management Program provisions; and WHEREAS, subsequent to Council authorization, a consultant and City staff prepared a draft"Growth Management" ordinance update; and WHEREAS, the Growth Management Oversight Commission (GMOC) participated in discussions with the consultant and City staff in revising the "Growth Management" ordinance; and WHEREAS, various GMOC annual reports since 2005 have recommended changes to the "Growth Management" ordinance and threshold standards; and WHEREAS, on October 22, 2014, the GMOC reviewed and accepted the final proposed revisions to the "Growth Management" ordinance; and WHEREAS, the Director of Development Services set a hearing before the Planning Commission for the consideration of and recommendation on changes to the "Growth Management" ordinance. Notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City at least ten 10 days prior to the hearing; and WHEREAS, a hearing was held at the time and place as advertised on November 12, 2014 at 6:00 p.m. in the City Council Chambers, 276 Fourth Avenue, before the Planning Commission of the City of Chula Vista to receive the recommendation of City staff and to hear public testimony with regards to the proposal, and the hearing was thereafter closed; and 1 2015-01-13 Agenda Packet Page 276 WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented at the public hearing with respect to the "Growth Management'' ordinance; and WHEREAS, the Planning Commission did find and determine that the proposed ordinance is consistent with the City of Chula Vista General Plan and local, state, and federal law, and that the public necessity, convenience, general welfare and good zoning practice support the requests; and WHEREAS, the Planning Commission, after considering all evidence and testimony presented, recommended by a vote of 5-0-0-2 that the City of Chula Vista City Council approve the revisions to the "Growth Management" ordinance; and WHEREAS, a hearing time and place was set by the City Council of the City of Chula Vista for consideration of the proposal and notice of said hearing, together with its purpose, was given by publication in a newspaper of general circulation in the City at least ten 10 days prior to the hearing; and WHEREAS, a duly called and noticed public hearing was held at the time and place as advertised on January 13, 2015 at 2:00 p.m. in the City Council Chambers, 276 Fourth Avenue, before the City Council to receive the recommendation of City staff and to hear public testimony with regards to the proposal, and the hearing was thereafter closed. NOW, THEREFORE, BE IT ORDAINED that the City Council does hereby find and determine as follows: Section L• Environmental That the City Council has reviewed the proposed activity for compliance with the California 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 required. Section II: General Plan That the proposed changes to the"Growth Management" ordinance (Chapter 19.09 of the Chula Vista Municipal Code) are consistent with the elements of the City's General Plan. Section III.Adoption The City Council does hereby approve the Ordinance that would amend the "Growth Management" ordinance (Chapter 19.09 of the Chula Vista Municipal Code). 2 2015-01-13 Agenda Packet Page 277 Section IV. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section V. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section VI. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section VII. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Kelly Broughton Glen R. Googins Development Services Director City Attorney 3 2015-01-13 Agenda Packet Page 278 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 13th day of January, 2015,by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mary Casillas Salas,Mayor ATTEST: Donna R.Norris, CMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. had its first reading at a regular meeting held on the 13th day of January, 2015 and its second reading and adoption at a regular meeting of said City Council held on the day of 2015; and was duly published in summary form in accordance with the requirements of state law and the City Charter. Executed this day of 2015. Donna R.Norris, CMC, City Clerk 4 2015-01-13 Agenda Packet Page 279 RESOLUTION NO. RESOLUTION OF THE CITY OF CHULA VISTA APPROVING THE GROWTH MANAGEMENT PROGRAM IMPLEMENTATION MANUAL TO REPLACE THE THRESHOLD STANDARDS AND GROWTH MANAGEMENT OVERSIGHT COMMITTEE POLICY, AND THE GROWTH MANAGEMENT PROGRAMDOCUMENT WHEREAS, in response to growth and in anticipation of additional growth in Chula Vista, the City Council adopted the Threshold Standards and Growth Management Oversight Committee Policy in 1987 and the Growth Management Program and "Growth Management" ordinance in 1991; and WHEREAS, in 2003 the City Council, in response to a growth boom that began in 1999, requested that a comprehensive review of the City's Growth Management Program be conducted; and WHEREAS, in 2004 a white paper with observations and suggestions to explore updates to the Growth Management Program was presented to Council, and Council accepted the white paper, authorizing a work program for undertaking a"top-to-bottom" review and the preparation of resultant revisions to the City's Growth Management Program provisions; and WHEREAS, a consultant and City staff prepared a draft growth management document (the Growth Management Program Implementation Manual) to replace the Threshold Standards and Growth Management Oversight Committee Policy and the Growth Management Program (the"Growth Management Program documents"); and WHEREAS, the Growth Management Oversight Commission (GMOC) participated in discussions with the consultant and City staff in revising the Growth Management Program documents; and WHEREAS, various GMOC annual reports since 2005 have recommended changes to the Growth Management Program documents; and WHEREAS, on October 22, 2014, the GMOC reviewed and accepted the final proposed revisions to the Growth Management Program documents; and WHEREAS, the Director of Development Services set a hearing before the Planning Commission for the consideration of and recommendation on changes to the Growth Management Program documents. Notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City at least ten 10 days prior to the hearing; and WHEREAS, a hearing was held at the time and place as advertised on November 12, 2014 at 6:00 p.m. in the City Council Chambers, 276 Fourth Avenue, before the Planning 1 2015-01-13 Agenda Packet Page 280 Commission of the City of Chula Vista to receive the recommendation of City staff and to hear public testimony with regards to the proposal, and the hearing was thereafter closed; and WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented at the public hearing with respect to the Growth Management Program documents; and WHEREAS, the Planning Commission did find and determine that the proposed resolution is consistent with the City of Chula Vista General Plan and local, state, and federal law, and that the public necessity, convenience, general welfare and good zoning practice support the requests; and WHEREAS, the Planning Commission, after considering all evidence and testimony, presented recommended by a vote of 5-0-0-2 that the City of Chula Vista City Council approve the revisions to the Growth Management Program documents; and WHEREAS, a hearing time and place was set by the City Council of the City of Chula Vista for consideration of the proposal and notice of said hearing, together with its purpose, was given by publication in a newspaper of general circulation in the City at least ten 10 days prior to the hearing; and WHEREAS, a duly called and noticed public hearing was held at the time and place as advertised on January 13, 2015, at 2:00 p.m. in the City Council Chambers, 276 Fourth Avenue, before the City Council to receive the recommendation of City staff and to hear public testimony with regards to the proposal, and the hearing was thereafter closed; and WHEREAS, City Council hereby finds that replacement of the Threshold Standards and Growth Management Oversight Committee Policy and the Growth Management Program with the Growth Management Implementation Manual is consistent with the elements of the City's General Plan; and WHEREAS, City Council has reviewed the proposed activity for compliance with the California 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 required. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Growth Management Program Implementation Manual to replace the Threshold Standards and Growth Management Oversight Committee Policy and the Growth Management Program document. Presented by Approved as to form by Kelly Broughton Glen R. Googins Development Services Director City Attorney 2 2015-01-13 Agenda Packet Page 281 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 13th day of January, 2015,by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mary Casillas Salas,Mayor ATTEST: Donna R.Norris, CMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. was adopted at a regular meeting of the City Council held on the 13th day of January, 2015 and was duly published in summary form in accordance with the requirements of state law and the City Charter. Executed this day of 2015. Donna R.Norris, CMC, City Clerk 3 2015-01-13 Agenda Packet Page 282 ��Ifi City of Chula Vista � CHULAVISfA Staff Report File#: 14-0751, Item#: 12. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9 (b) One Case City of Chula vsta Page 1 of 1 Printed on 7/92015 _awered ey!e?istar'"