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Home My WebLink AboutAgenda Packet 2017_09_26September 26, 2017City Council Agenda RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND AFFORDABLE DRAIN SERVICE, INC. FOR CONSULTANT SERVICES FOR STORM DRAIN COLLECTION SYSTEM CONDITION ASSESSMENT AND EVALUATION 17-00083.17-0008 Engineering Department Department: This Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act State Guidelines Environmental Notice: Council adopt the resolution. Staff Recommendation: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PARK MASTER PLAN FOR THE 1.9-ACRE P-5 PUBLIC NEIGHBORHOOD PARK LOCATED IN MILLENIA, AND APPROVING THE PARK NAME “ STRATA PARK” 17-03124.17-0312 Development Services Department Department: The project was adequately covered in previously adopted, Otay Ranch Eastern Urban Center (EUC), Final Second Tier Environmental Impact Report, EIR 07-01, SCH No. 2007041074. Therefore, no additional environmental review is required. Environmental Notice: Council adopt the resolution. Staff Recommendation: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2016/2017 BUDGET TO ADJUST FOR VARIANCES, AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) 17-03705.17-0370 Finance Department Department: The Development Services Director has reviewed the proposed activity, appropriating funds per settlement terms, for compliance with the California Environmental Quality Act (CEQA) and has determined that this activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in 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. Environmental Notice: Council adopt the resolution. Staff Recommendation: Page 3 City of Chula Vista Printed on 9/21/2017 2017-09-26 Agenda Packet Page 3 September 26, 2017City Council Agenda RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $530,000 FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY AND APPROPRIATING $396,000 TO THE POLICE GRANT FUND FOR THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (4/5 VOTE REQUIRED) 17-04156.17-0415 Police Department Department: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Environmental Notice: Council adopt the resolution. Staff Recommendation: 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. PUBLIC HEARINGS The following item(s) have been advertised as public hearing(s) as required by law. If you wish to speak on any item, please fill out a “Request to Speak” form (available in the lobby) and submit it to the City Clerk prior to the meeting. CONSIDERATION OF APPROVING AN ENERGY SERVICE CONTRACT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN ENERGY SERVICE CONTRACT WITH JOHNSON CONTROLS, INC. 17-02567.17-0256 Finance Department Department: The Project qualifies for a Class 3 Categorical Exemption pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act State Guidelines. Environmental Notice: Council adopt the resolution. Staff Recommendation: Page 4 City of Chula Vista Printed on 9/21/2017 2017-09-26 Agenda Packet Page 4 September 26, 2017City Council Agenda ACTION ITEMS The Item(s) listed in this section of the agenda will be considered individually by the Council and are expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a “Request to Speak” form (available in the lobby) and submit it to the City Clerk prior to the meeting. Time Certain 6:00 p.m.: CONSIDERATION OF ADOPTING THE 2017 CLIMATE ACTION PLAN (This item was continued from 9/12/2017.) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE 2017 CLIMATE ACTION PLAN 17-03198.17-0319 Economic Development Department Department: The Project qualifies for a Class 8 Categorical Exemption pursuant to Section 15308 Actions by Regulatory Agencies for Protection of the Environment] of the California Environmental Quality Act State Guidelines. Environmental Notice: Council adopt the resolution. Staff Recommendation: CONSIDERATION OF APPOINTING THE CITY CLERK AND A PPROVING THE CITY CLERK EMPLOYMENT AGREEMENT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPOINTING KERRY BIGELOW AS CITY CLERK EFFECTIVE SEPTEMBER 29, 2017 AND APPROVING THE CITY CLERK EMPLOYMENT AGREEMENT 17-04329.17-0432 City Council Department: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Environmental Notice: Council adopt the resolution. Staff Recommendation: Page 5 City of Chula Vista Printed on 9/21/2017 2017-09-26 Agenda Packet Page 5 September 26, 2017City Council Agenda PRESENTATION OF THE CITY OF CHULA VISTA PUBLIC SAFETY STAFFING REPORT 17-040310.17-0403 City Manager, Police Department & Fire Department Department: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Environmental Notice: Council hear the report and provide direction. Staff Recommendation: CITY MANAGER’S REPORTS MAYOR’S REPORTS COUNCILMEMBERS’ COMMENTS CITY ATTORNEY'S REPORTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney’s office in accordance with the Ralph M. Brown Act (Government Code 54957.7). CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): One (1) Case. (This item was continued from 9/19/2017.) 17-039511.17-0395 Page 6 City of Chula Vista Printed on 9/21/2017 2017-09-26 Agenda Packet Page 6 September 26, 2017City Council Agenda CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: 1095 Alpine Avenue, Chula Vista, CA 91911 APN 619-100-23 Agency Negotiator: Rick Ryals Negotiating Parties: Rick Ryals, City of Chula Vista and William Best, owner Under Negotiation: Acquisition of Real Property Price and terms 17-043312.17-0433 CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(d)(4): One (1) Case. 17-043413.17-0434 ADJOURNMENT to the Regular City Council Meeting on October 10, 2017, at 5:00 p.m., in the Council Chambers. Materials provided to the City Council related 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 Office at (619) 691-5041(California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting. Most Chula Vista City Council meetings, including public comments, are video recorded and aired live on AT&T U-verse channel 99 (throughout the County), on Cox Cable channel 24 (only in Chula Vista), and online at www.chulavistaca.gov. Recorded meetings are also aired on Wednesdays at 7 p.m. (both channels) and are archived on the City's website. Page 7 City of Chula Vista Printed on 9/21/2017 2017-09-26 Agenda Packet Page 7 City of Chula Vista Staff Report File#:17-0391, Item#: A. PRESENTATION BY THE CHULA VISTA ANIMAL CARE FACILITY OF THE SOUTH BAY COMMUNITY PET EVENT City of Chula Vista Printed on 9/21/2017Page 1 of 1 powered by Legistar™2017-09-26 Agenda Packet Page 8 City of Chula Vista Staff Report File#:17-0405, Item#: B. PRESENTATION OF A PROCLAMATION TO ENVIRONMENTAL SERVICES MANAGER LYNN FRANCE PROCLAIMING OCTOBER 5, 2017 AS ENERGY EFFICIENCY DAY IN THE CITY OF CHULA VISTA City of Chula Vista Printed on 9/21/2017Page 1 of 1 powered by Legistar™2017-09-26 Agenda Packet Page 9 City of Chula Vista Staff Report File#:17-0419, Item#: C. PRESENTATION BY THE U.S. FISH AND WILDLIFE SERVICE REGARDING ITS ENGINEERING EVALUATION/COST ANALYSIS REPORTS FOR THE CLEAN-UP OF CONTAMINATED AREAS AT THE SAN DIEGO BAY NATIONAL WILDLIFE REFUGE- SWEETWATER MARSH UNIT City of Chula Vista Printed on 9/21/2017Page 1 of 1 powered by Legistar™2017-09-26 Agenda Packet Page 10 City of Chula Vista Staff Report File#:17-0426, Item#: D. PRESENTATION OF A CERTIFICATE OF RECOGNITION TO MARK CROSIER FOR HIS ACCOMPLISHMENTS IN OBTAINING GOLD AND SILVER MEDALS DURING THE WORLD POLICE AND FIRE GAMES, AND THE 31 ST NATIONAL VETERAN’S GOLDEN AGE GAMES City of Chula Vista Printed on 9/21/2017Page 1 of 1 powered by Legistar™2017-09-26 Agenda Packet Page 11 City of Chula Vista Staff Report File#:17-0429, Item#: 1. WRITTEN COMMUNICATION Letter of resignation from Robert Coleman from the following: ·Sustainability Commission ·Citizens Oversight Committee (Sustainability Representative) RECOMMENDED ACTION Council accept the resignations. City of Chula Vista Printed on 9/21/2017Page 1 of 1 powered by Legistar™2017-09-26 Agenda Packet Page 12 Robert Coleman 9/14/17 Mary Salas-Casillas, Mayor Leah Larrate, Deputy Clerk Adrianna Hernandez, Mayor’s Office City of Chula Vista 276 Fourth Avenue Chula Vista, CA Mayor Salas-Casillas, I am respectfully submitting my letter of resignation from the Sustainability Commission as of September 14, 2017 during the last year of my second four-year term. This resignation also covers roles I performed as a representative of the Sustainability Commission for the Measure P Oversight Committee, Port of San Diego/City of Chula Vista Wildlife Advisory Group (WAG), and the Bayfront Cultural Design Committee. I am most proud of my service to the City of Chula Vista. As I am most fortunate to have just been hired as a city employee in the Office of Sustainability, I fully understand that city employees may not serve on city commissions and boards. My service on the Sustainability Commission has included turns as Vice Chair and Chair. I feel so fortunate for the opportunity to serve. Since I began serving in June 2010, much has been accomplished for the betterment of Chula Vista. What stands out the most to me is serving on the Climate Change Planning Group as Vice Chair and the thorough update of the plan which has recently been completed. This living Plan will greatly help Chula Vista combat climate change challenges and further demonstrates Chula Vista’s leadership role on this most important issue. For the Measure P Citizens Oversight Committee, I most appreciate being selected to serve and I feel the Committee is off to smooth start. I also served on the Asset Management Planning Committee that helped assess city infrastructure assets and risks that aided the understanding of the need to upgrade the city’s infrastructure. As the Commission’s primary representative to the WAG since its inception in 2012, I was involved in the group accomplishing its primary mission of assisting with the development and completion of the Natural Resources Management Plan (NRMP). This important document guides the protection of wildlife at the Chula Vista Bayfront. It was completed with considerable input from WAG members. Since the completion of the NRMP, WAG members, myself included, have provided oversight to ensure the wildlife protection is conducted during various phases of Bayfront development. For the Bayfront Cultural Design Committee, I had the opportunity, along with other Committee members, to provide input in design aspects for the Bayfront. I also participated in the review and provided input into the RFQ that was issued to prospective hotel and convention center developers. I would like to thank the City of Chula Vista for the privilege to serve as Commissioner on the Sustainability Commission. This has provided me with tremendous experience and the chance to serve my City in a unique way that has been extremely rewarding personally and professionally. I am looking forward to my new role as a City employee serving in the Office of Sustainability. I am very excited about this opportunity to serve the City of Chula Vista. Thank you again for all the support the Mayor’s office and City Council have provided to the Sustainability Commission. Sincerely, Bob Coleman 2017-09-26 Agenda Packet Page 13 City of Chula Vista Staff Report File#:17-0430, Item#: 2. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 9.80 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO SEX OFFENDER RESIDENCY RESTRICTIONS (SECOND READING AND ADOPTION) RECOMMENDED ACTION Council adopt the ordinance. SUMMARY Recent California court decisions have held that sex offender residency restrictions determined on an individualized probation or parole basis are permitted, but that laws placing a residency restriction uniformly on all sex offenders are unconstitutional. As a result, it is necessary and appropriate for the City to modify chapter 9.80 to remove the blanket residency restriction applicable to all Penal Code 290 registrants. ENVIRONMENTAL REVIEW Environmental Notice The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Environmental Determination The proposed activity has been reviewed 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 activity consists of administrative/fiscal actions that will not result in a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION The City of Chula Vista adopted Chula Vista Municipal Code (“CVMC”) chapter 9.80 in March 2006 to impose local residency restrictions on sex offenders in the interest of public safety. CVMC chapter 9.80 applies to all individuals who have committed a sexual offense against or involving a minor for which the person must register as a sex offender pursuant to Penal Code section 290. The chapter prohibits such individuals from residing within 500 feet of a school (grades K-8) or a park. In 2015, the California Supreme Court held in In re Taylor, a case involving San Diego County, that an ordinance placing a blanket residency restriction on all sex offenders was unconstitutional and adversely impacted public safety. The California Supreme Court based its decision on the fact that City of Chula Vista Printed on 9/21/2017Page 1 of 3 powered by Legistar™2017-09-26 Agenda Packet Page 14 File#:17-0430, Item#: 2. adversely impacted public safety. The California Supreme Court based its decision on the fact that the uniform residency restriction limited available housing for sex offenders; negatively impacted offender access to transportation, employment, and social services; and resulted in a significant increase in homelessness among the sex offender population, making them more difficult to track and monitor. Although the court struck down blanket residency restrictions, the court affirmed that the California Department of Corrections maintains authority to impose restrictions on registered sex offenders in the form of discretionary parole conditions, including residency restrictions, as long as they are based on and supported by the individualized circumstances of each individual parolee. In 2016, the California Court of Appeals for the Fourth District, in People v. Lynch,struck down application of a blanket residency condition to a probation case involving a sex offender, finding that the application of a uniform condition interferes with the policies of probation departments to fashion individual probation conditions based on the specific facts of each individual case and to utilize the individual expertise of local supervisors familiar with community housing conditions. Finally, in January 2016, the California Sex Offender Management Board, created by the California Legislature to study and recommend best policies related to sex offender management issues, issued a letter and clear recommendations to the California Assembly Public Safety Committee explaining that research and scientific evidence have concluded that sex offender residency restrictions are not effective and, in fact, increase the risk of sexual recidivism. The letter and research summaries submitted to the Assembly are attached to this staff report for the Council’s further information. In light of these court decisions and the recommendations of the Sex Offender Management Board, it is necessary and appropriate for the City to modify Chapter 9.80 to remove its blanket sex offender residency restriction. Penal Code section 290, which requires sex offenders to register with local law enforcement, will remain in place. As a result, sex offenders will still be required to register with local law enforcement when moving into the City, moving out of the City, and during regularly specified intervals while residing in the City. Registration requirements include an in person appointment at the police department, collection of housing, employment, and vehicle information, a photograph of the registrant, and collection of the registrant’s fingerprints. Such information will continue to be uploaded into several shared law enforcement databases, and the Chula Vista Police Department will continue to maintain and enforce such registration requirements. The City of Chula Vista Police Department currently reports a sex-offender registration compliance rate of above 90%. In addition to local registration and monitoring, individualized probation or parole conditions, including residency requirements and GPS monitoring as determined by the applicable state or county agency, will remain in effect for sex offenders living in the City of Chula Vista. Staff recommend that the City Council amend CVMC 9.80 to remove its blanket residency restriction provision and to affirm the City’s commitment to public safety by enforcing sex offender registration requirements, by cooperating with other state and local agencies involved in sex offender monitoring and enforcement, and by reporting any enforcement issues to the City Manager or City Council. 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 Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100,City of Chula Vista Printed on 9/21/2017Page 2 of 3 powered by Legistar™2017-09-26 Agenda Packet Page 15 File#:17-0430, Item#: 2. property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not 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. The amendment of Chapter 9.80 supports the Operational Excellence goal as it brings the Chula Vista Municipal Code into compliance with recent state court decisions and reduces potential liability to the City. CURRENT YEAR FISCAL IMPACT The subject amendment to Chapter 9.80 results in no current year fiscal impact to the City. ONGOING FISCAL IMPACT The subject amendment to Chapter 9.80 results in no ongoing fiscal impact to the City. ATTACHMENTS 1. Ordinance 2. California Sex Offender Management Board January 6, 2016 Letter and Considerations to the Assembly Public Safety Committee Staff Contact: Glen Googins; Roxana Kennedy; Megan McClurg; Kenneth Hicks City of Chula Vista Printed on 9/21/2017Page 3 of 3 powered by Legistar™2017-09-26 Agenda Packet Page 16 SECOND READING AND ADOPTION C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@300E40D2\@BCL@300E40D2.doc ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 9.80 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO SEX OFFENDER RESIDENCY RESTRICTIONS WHEREAS, the City of Chula Vista adopted Chula Vista Municipal Code (“CVMC”) Chapter 9.80 in March 2006 to impose local residency restrictions on sex offenders in the interest of public safety; WHEREAS, CVMC Section 9.80.020 provides that a “Person” who has committed a sexual offense against or involving a minor that has been required to register as a sex offender pursuant to Penal Code Section 290 is prohibited from residing within 500 feet of a school (grades K through 8) or a park; WHEREAS, recent rulings by the California Supreme Court and the California Court of Appeals for the Fourth District (which covers San Diego County) have held that residency restrictions determined on an individualized probation or parole basis are permitted but that “blanket” sex offender residency restrictions similar to those provided in Chapter 9.80 of the CVMC are unconstitutional; WHEREAS, in light of these court decisions, it is necessary and appropriate for the City to modify Chapter 9.80 to remove the blanket residency restrictions for sex offenders contained therein; WHEREAS, existing California law requiring sex offenders to register with local law enforcement agencies will continue in effect; and WHEREAS, state or county agencies will continue to have the authority to place further individualized restrictions and requirements on sex offenders who are on parole or probation, including GPS monitoring and residency restrictions when appropriate in the interest of public safety; NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Chapter 9.80 of the Chula Vista Municipal Code is hereby amended to read as follows: SEX OFFENDER REGISTRATION AND RESTRICTIONS Sections: 9.80.010 Findings and Declaration. 2017-09-26 Agenda Packet Page 17 Ordinance Page 2 9.80.020 State Law Registration Requirements and Individualized Conditions. 9.80.030 Police Department Cooperation. 9.80.010 Findings and Declaration. The City Council finds and declares that it is in the best interest of the City to monitor and, whenever possible, cooperate with other local and state agencies to manage the conduct of convicted sex offenders in the community. 9.80.020 State Law Registration Requirements and Individualized Conditions. Penal Code section 290 requires sex offenders to register their residency with local law enforcement agencies. In addition, sex offenders who are on parole or probation with the state or county are subject to further restrictions and conditions, including residency restrictions and GPS monitoring as determined on a case-by-case basis. In making case-by-case determinations, state law currently implements a “Containment Model” approach to sex offender management. The Containment Model involves collaboration among a team of professionals and the use of research-based, state-authorized risk assessment tools to evaluate the risk of sexual re-offense and assist in developing appropriate individualized parole or probation conditions. These practices may change subject to changes in state or local law. 9.80.030 Police Department Cooperation. The Chula Vista Police Department shall actively cooperate with other state and local agencies to assist in the effective enforcement and management of sex offenders, particularly with regard to sex offender registration requirements. The Police Department is further directed, when necessary, to report any enforcement issues to the City Manager or City Council. Section II. 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 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 2017-09-26 Agenda Packet Page 18 Ordinance Page 3 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 _____________________________________ ____________________________________ [INSERT DEPARTMENT HEAD NAME]Glen R. Googins [INSERT DEPARTMENT HEAD TITLE]City Attorney 2017-09-26 Agenda Packet Page 19 Chula Vista Municipal Code Chapter 9.80 SEX OFFENDER REGISTRATION AND RESIDENCY RESTRICTIONS Page 1/1 The Chula Vista Municipal Code is current through Ordinance 3407, passed July 11, 2017. Chapter 9.80 SEX OFFENDER REGISTRATION AND RESIDENCY RESTRICTIONS Sections: 9.80.010 Findings and declarations. 9.80.020 State Law Registration Requirements and Individualized Conditions. 9.80.030 Police Department Cooperation.9.80.020 Definitions. 9.80.030 Residency restrictions – Schools and parks. 9.80.010 Findings and declarations. The City Council finds and declares that it is in the best interest of the City to monitor and, whenever possible, cooperate with other local and state agencies to manage the conduct of convicted sex offenders in the community.The city of Chula Vista finds and declares each of the following: A. The city of Chula Vista currently places a high priority on maintaining public safety through a highly skilled and trained police department as well as laws that deter and punish criminal behavior. B. It is the intent of the city of Chula Vista in enacting this measure to help its citizens and their children have additional precautions. It is not the intent of the city to embarrass or harass persons convicted of sex offenses. C. The city of Chula Vista must take additional steps to monitor sex offenders and protect children. (Ord. 3034, 2006). 9.80.020 State Law Registration Requirements and Individualized Conditions.Definitions. Penal Code section 290 requires sex offenders to register their residency with local law enforcement agencies. In addition, sex offenders who are on parole or probation with the state or county are subject to further restrictions and conditions, including residency restrictions and GPS monitoring as determined on a case-by-case basis. In making case-by-case determinations, state law currently implements a “Containment Model” approach to sex offender management. The Containment Model involves collaboration among a team of professionals and the use of research-based, state-authorized risk assessment tools to evaluate the risk of sexual re-offense and assist in developing appropriate individualized parole or probation conditions. These practices may change subject to changes in state or local law.“Park” or “city park” means the land and easements owned or leased by the city of Chula Vista which, by ordinance, resolution, regulation or agreement, is dedicated to or operated by the city for purposes of sports and public recreation. “Person” means a person who has committed a sexual offense against or involving a minor for which the person must register as a sex offender pursuant to Penal Code Section 290. (Ord. 3034, 2006). 9.80.030 Police Department Cooperation.Residency restrictions – Schools and parks. The Chula Vista Police Department shall actively cooperate with other state and local agencies to assist in the effective enforcement and management of sex offenders, particularly with regard to sex offender registration requirements. The Police Department is further directed, when necessary, to report any enforcement issues to the City Manager or City Council.A. A person shall not reside within 500 feet of the real property of a school, grades kindergarten through eighth. B. A person shall not reside within 500 feet of the real property of a park. C. Following notification by the Chula Vista police department of the requirements of this chapter, any violation of this section is a misdemeanor punishable by a fine of up to and including $1,000 and/or six months in the county jail. D. This section shall not apply to any person who has established a residence (at which this person lists as his or her address for Penal Code Section 290 registration) prior to July 1, 2006. (Ord. 3034, 2006). 2017-09-26 Agenda Packet Page 20 Chula Vista Municipal Code Chapter 9.80 SEX OFFENDER REGISTRATION AND RESTRICTIONS Page 1/1 Chapter 9.80 SEX OFFENDER REGISTRATION AND RESTRICTIONS Sections: 9.80.010 Findings and Declaration. 9.80.020 State Law Registration Requirements and Individualized Conditions. 9.80.030 Police Department Cooperation. 9.80.010 Findings and Declaration. The City Council finds and declares that it is in the best interest of the City to monitor and, whenever possible, cooperate with other local and state agencies to manage the conduct of convicted sex offenders in the community. 9.80.020 State Law Registration Requirements and Individualized Conditions. Penal Code section 290 requires sex offenders to register their residency with local law enforcement agencies. In addition, sex offenders who are on parole or probation with the state or county are subject to further restrictions and conditions, including residency restrictions and GPS monitoring as determined on a case-by-case basis. In making case-by-case determinations, state law currently implements a “Containment Model” approach to sex offender management. The Containment Model involves collaboration among a team of professionals and the use of research-based, state-authorized risk assessment tools to evaluate the risk of sexual re-offense and assist in developing appropriate individualized parole or probation conditions. These practices may change subject to changes in state or local law. 9.80.030 Police Department Cooperation. The Chula Vista Police Department shall actively cooperate with other state and local agencies to assist in the effective enforcement and management of sex offenders, particularly with regard to sex offender registration requirements. The Police Department is further directed, when necessary, to report any enforcement issues to the City Manager or City Council. 2017-09-26 Agenda Packet Page 21 N CA D Alameda C To CAS Clin California Co Gerry D Licensed Mar California Co Rich Cons Departm The Hon Los Angele Deput Office of As Division of California Dep J Chief Los Rese Califo Correctio L Registration E Te Los Ange Mountain V San Ex California C Cou San Mic Di Ventur Al CASOM Paro Division of California Dep Nancy O’Malley ASOMB Chair District Attorney County District Attorney' Office om Tobin, Ph.D. SOMB Vice-Chair nical Psychologist alition on Sexual Offend D. 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Offender Man Managem S acramento 0 Web: w w ee on Public and Members r Manageme determined t eliberations ommittee. attempt to a ances regula nd where the a very import by reducing de 290 Regis he research B 201, CASO rictions are n y other conse tation undes ers its strong ttee membe tion will be o s prepared a and has pro to the citizen nagement B ment Board o , CA 95811 w w.casomb.o Safety s of the Ass ent Board (C that it would about wheth authorize the ating where ey may not b tant and wel the chances strants) will c and scientif OMB has pre not effective equences, s sirable. opposition t rs to vote ag of assistance a statement ovided that d ns of Californ Board d o rg embly Comm CASOMB) ha be importan her to pass t e state’s 540 registered s be present (E ll intentioned s that individ commit a ne fic evidence eviously con e and, in fact some intende to moving th gainst it in th e to Commit reviewing m document in nia and your mittee on Pu as been follo nt for CASO this propose 0 local jurisdi sex offenders Exclusion Zo d effort to co duals previo ew sex offen related to p ncluded that t, actually inc ed and some his legislatur he January 1 ttee member many of the i the following r efforts to s ublic Safety, owing MB to offer ed legislation ictions to s may not liv ones). ontribute to t usly convict se. policies such policies crease the ri e unintended re forward an 12, 2016 rs in making issues and g pages. upport wise n ve he ed isk d, nd g a 2017-09-26 Agenda Packet Page 22 California Sex Offender Management Board (CASOMB) - Statement on Assembly Bill 201 1-6-16 1 CONSIDERATIONS SUBMITTED BY THE CALIFORNIA SEX OFFENDER MANAGEMENT BOARD (CASOMB) TO THE ASSEMBLY PUBLIC SAFETY COMMITTEE REGARDING ASSEMBLY BILL 201 - LOCAL REGULATIONS CREATING RESIDENCE RESTRICTIONS AND EXCLUSION ZONES FOR REGISTERED SEX OFFENDERS ORGANIZATION OF THIS DOCUMENT PART ONE: PRELIMINARY STATEMENTS PART TWO: RECOMMENDATIONS OF EXPERTS PART THREE: ASSUMPTIONS APPARENTLY UNDERLYING AB 201 PART FOUR: CONSEQUENCES – INTENDED AND UNINTENDED PART FIVE: ADDITIONAL CONSIDERATIONS PART ONE: PRELIMINARY STATEMENTS The following document presents a written statement provided to the Assembly Public Safety Committee regarding Assembly Bill 201, a proposed Bill which addresses local regulation of sex offender residence restrictions and exclusion zones. Although the California Sex Offender Management Board (CASOMB) has not been able to meet at a time which permitted a direct specific response prior to the January 12 Assembly Public Safety Committee hearing on AB 201, CASOMB’s published papers and Reports certainly make it unambiguously evident that the Board does stand in strong opposition to this piece of legislation. Even though the present document appears lengthy, each of the statements below represents only a condensed summary of the important points which merit the Committee’s attention as this Bill is considered. CASOMB is prepared to provide any needed references or additional clarifications. For the information of any readers who are not aware, the California Sex Offender Management Board was created by the Legislature nearly ten years ago and has, since then, provided a substantial number of reports and statements regarding various aspects of sex offender management in California. CASOMB was created to fill a need, namely that there had been no forum at the statewide level at which the many perspectives on sex offender management issues could be considered by and discussed among major stakeholders and experts so that recommendations on best policies could be provided. CASOMB, housed within CDCR but independent in its operations, is made up of 17 members who represent the major stakeholders in sex offender management in California. The Board’s mission is the protection of the state’s citizens from future victimization by previously convicted sexual offenders. More information is available at www.CASOMB.org. 2017-09-26 Agenda Packet Page 23 California Sex Offender Management Board (CASOMB) - Statement on Assembly Bill 201 1-6-16 2 One of the principles under which CASOMB operates is that policies and practices should be guided by the best available scientific research. Making such research available and recommending policies and practices consistent with verifiable knowledge and recommending against policies and practices which the research finds ineffective, useless, or counterproductive is a major part of CASOMB’s efforts to increase public safety. A national panel of experts on sex offender management issues – convened by the United States Department of Justice’s SMART Office - stated the following: Perpetrators of sex crimes are often seen as needing special management practices. As a result, jurisdictions across the country have implemented laws and policies that focus specifically on sex offenders, often with extensive public support. At the same time, the criminal justice community has increasingly recognized that crime control and prevention strategies—including those targeting sex offenders—are far more likely to work when they are based on scientific evidence. (Emphasis added.) http://smart.gov/SOMAPI/index.html CASOMB consistently urges policy makers to be familiar with and follow what is known and supported by research and, whenever such relevant research is available, not to advance policies which are not evidence-based. When it comes to residence restrictions and, to a slightly lesser extent, exclusion zones, the research and evidence is sufficiently clear. There is no research which supports the use of these strategies, there is substantial research showing that such policies have no effect on preventing recidivism, and there is growing body of research which indicates that residence restrictions actually increase sex offender recidivism and decrease community safety. In support of the statement that residence restrictions actually make communities less safe because they increase the risk of sexual recidivism, some yet-unpublished research recently conducted as part of a 2016 California study provides data showing that about 18% of sexual re-offenses in the probation group of registered sex offenders were committed by individuals who were registered as transients at the time of arrest on the new sex offense. Even more striking is the finding that 29% of sexual re- offenses in the parolee sex offender group were committed by individuals who were registered as transients at the time of re-arrest. Since transient sex offenders make up only about 8% of the overall population of sex offenders living in California communities, it is obvious that the rate of reoffending among those who are transient is quite disproportionately high. (Source: verbal report by California Department of Justice (DOJ) staff at a CASOMB meeting on November 19, 2015.) A substantial body of criminal justice research supports the fact that “lifestyle stability” is a “protective factor” and that anything which undermines such stability amplifies the risk of reoffending. The proponents of residence restrictions and exclusion zones, as put forth in AB 201, appear to begin with the premise and assumption that such policies will make California citizens safer. The Analysis of AB 201 by the Assembly Committee on Local Government provides the following Author’s Statement: "Prior to this ruling many cities and counties had taken action by enacting ordinances that would protect their residents. These cities and counties are now faced with the harrowing choice of repealing local ordinances, compromising the safety of their communities, or face the excessive cost of litigation. AB 201 restores a jurisdiction issue that has left local governments unable to protect their communities in an appropriate way. AB 201 will restore authority to local agencies and authorize the ability to implement their own ordinances to protect their friends and neighbors from becoming victims of convicted sexual predators." As articulated in several places in this paper, the claim that residence restrictions make communities safer is one which has no support in the scientific literature. It is a claim which CASOMB and 2017-09-26 Agenda Packet Page 24 California Sex Offender Management Board (CASOMB) - Statement on Assembly Bill 201 1-6-16 3 numerous other authoritative sources strongly reject as untrue. It is not a proper foundation upon which to build effective policies. As CASOMB has stated previously, those who are really interested in reducing the risk of recidivism by registered sex offenders should be raising and addressing the question of where can they safely live rather than merely creating restrictions on where they cannot live. PART TWO: RECOMMENDATIONS OF EXPERTS Whether residence restrictions and exclusion zones are good public policies is not a question which should be decided by “common sense” or other considerations, including the impulse to further punish sex offenders because of the damage they have done to innocent victims. The understandable anger many citizens feel about sex offenders and their crimes makes it difficult to think clearly and legislate wisely with the goal of preventing future victimization. Therefore the body of knowledge produced by scientific research should be the guiding force in identifying effective policies. A number of respected bodies have reviewed the research regarding residence restrictions and exclusion zones and have published their conclusions. CASOMB is not aware of any similar statements from experts in support of such policies. (1) USDOJ SMART Office: A national group of highly respected experts has issued recommendations against the adoption and continued use of residence restrictions. The United States Department of Justice under the auspices of the “SMART Office” convened a panel of recognized national experts. This panel, named the Sex Offender Management Assessment and Planning Initiative (SOMAPI), issued its Report in October of 2014. In that document, the participants recommended against adopting residence restrictions. “Finally, the evidence is fairly clear that residence restrictions are not effective. In fact, the research suggests that residence restrictions may actually increase offender risk by undermining offender stability and the ability of the offender to obtain housing, work, and family support. There is nothing to suggest this policy should be used at this time.” “SOMAPI forum participants do not recommend expanding the residency restriction policy.” (Emphasis added.) (http://smart.gov/SOMAPI/index.html) (2) ATSA: The international Association for the Treatment of Sexual Abusers (ATSA) issued a statement regarding residence restrictions. In that document, ATSA strongly recommended against the use of residence restriction policies. The research supporting that conclusion is also provided. ATSA supports evidence-based public policy and practice. Research consistently shows that residence restrictions do not reduce sexual reoffending or increase community safety. In fact, these laws often create more problems than they solve, including homelessness, transience, and clustering of disproportionate numbers of offenders in areas outside of restricted zones. Housing instability can exacerbate risk factors for reoffending. Therefore, in the absence of evidence that these laws accomplish goals of child protection, ATSA does not support the use of residence restrictions as a feasible strategy for sex offender management. (Emphasis added.) (www.ATSA.org) (3) California Supreme Court: In the landmark Taylor case regarding residence restrictions in San Diego County, the California Supreme Court determined that the restrictions, as applied in San Diego County, were unconstitutional. The published decision included a number of strong statements about 2017-09-26 Agenda Packet Page 25 California Sex Offender Management Board (CASOMB) - Statement on Assembly Bill 201 1-6-16 4 the practice of imposing residence restrictions and the Justices based their decision in part on the “no rational basis” principle. In other words, the court held that, although the intentions of protecting the community may have been admirable, there was no reason to think that residence restrictions did anything meaningful to actually achieve that end. It is difficult to advance a “no rational basis” argument because the presumption is that the government has implemented a policy which bears some relationship to the goal it is attempting to achieve. The Taylor decision is believed to be the first “no rational basis” determination regarding residence restrictions which has been decided against the government. The court’s decision, filed on March 2, 2015, included the following language: “As will be explained, we agree that section 3003.5(b)’s residency restrictions are unconstitutional as applied across the board to petitioners and similarly situated registered sex offenders on parole in San Diego County. Blanket enforcement of the residency restrictions against these parolees has severely restricted their ability to find housing in compliance with the statute, greatly increased the incidence of homelessness among them, and hindered their access to medical treatment, drug and alcohol dependency services, psychological counseling and other rehabilitative social services available to all parolees, while further hampering the efforts of parole authorities and law enforcement officials to monitor, supervise, and rehabilitate them in the interests of public safety. It thus has infringed their liberty and privacy interests, however limited, while bearing no rational relationship to advancing the state’s legitimate goal of protecting children from sexual predators, and has violated their basic constitutional right to be free of unreasonable, arbitrary, and oppressive official action.” (Emphasis added.) In re WILLIAM TAYLOR et al., on Habeas Corpus. Ct.App. 4/1 D059574 S206143 (4) CASOMB: For many years, CASOMB has recommended against adopting or continuing residence restrictions in California. These repeated recommendations can be found in papers and Reports available at www.CASOMB.org, and include numerous research references and facts supporting the Board’s position. “CASOMB has … repeatedly stated that the promulgation of conditions which actually create homelessness and transience among registered sex offenders while producing no discernible benefit to community safety is counterproductive and continues to be the single most problematic aspect of sex offender management policy in California. CASOMB continues to recommend the elimination of one-size-fits-all restrictions on where registered sex offenders may live.” (www.CASOMB.org Year End Report, February 2015) It is worth noting that none of the statements and arguments made by proponents and supporters of this Bill and none of the Analysis provided by the Assembly Committee on Local Government have made any reference to these highly credible authorities. PART THREE: ASSUMPTIONS APPARENTLY UNDERLYING AB 201 Assumptions and beliefs and myths The push to pass AB 201 and thereby empower local jurisdictions to create their own versions of residence restrictions and exclusion zones appears to be grounded on the acceptance by proponents of a large number of assumptions which are simply not true. 2017-09-26 Agenda Packet Page 26 California Sex Offender Management Board (CASOMB) - Statement on Assembly Bill 201 1-6-16 5 ASSUMPTION 1. The foundational assumption which appears to be accepted by the proponents of this Bill is this: Residence restrictions and exclusion zones are actually effective in preventing the commission of new sex offenses by previously identified (PC 290 Registrant) individuals. (See the Author’s statement provided in PART ONE above.) As stated previously, this assumption is not true. These types of policies simply do not accomplish the purposes for which they have been enacted. ASSUMPTION 2. All convicted sex offenders are equally likely to reoffend and so it is effective to develop “one-size-fits-all” policies. This assumption is false. There is a wide range of re-offense risk among sex offenders. For this reason, California has put a great deal of thought and effort into developing systems to evaluate the risk level for each PC 290 Registrant and into following the widely accepted “Risk Principle,” which urges that more effort be put into the management of higher risk offenders and less into those whose risk to reoffend is lower. Risk levels are determined through a system developed by the legislatively-created State Authorized Risk Assessment Tools for Sex Offenders (www.SARATSO.org) committee. The SARATSO system is being effectively used throughout the state and the various management interventions are calibrated to take that risk into account. Opening the door to “blanket” one-size-fits-all policies would move the state back in the opposite direction and would ignore California’s thoughtfully developed risk-based approach. ASSUMPTION 3. Most convicted sex offenders will reoffend. Therefore extremely robust controls and restrictions are needed to stop them. This assumption is not supported by the research. Measuring and accurately stating recidivism rates is very complex. However, all of the various published studies indicate that the overall rate is considerably lower than is commonly believed. The largest single study of sex offender recidivism conducted to date found a sexual recidivism rate of 5.3 percent for the entire sample of sex offenders based on an arrest during the 3-year follow-up period. As more time passes, the re-offense rate continues to drop. Research recently conducted in California by one of the most highly respected researchers in the world has found that the recidivism rates for sex offenders who have been identified by SARATSO risk assessment instruments (cf. www.SARATSO.org ) as “Low to Medium risk” fall in the range of 1 to 2 percent. ASSUMPTION 4. Every sex offender will continue to be a significant risk to reoffend for the remainder of his or her life. The research provides ample evidence that this assumption is not true. The longer a sex offender remains offense-free in the community, the lower the risk that that individual will reoffend in the future. Because California continues to be one of the four states requiring universal lifetime registration, many, many thousands of California’s approximately 83,000 registered sex offenders living in the state’s communities have reached the point where, according to the risk assessment research, their risk of reoffending is negligible. Yet apparently they would all fall under the scope of this Bill and, with no scientifically defensible justification, would be subject to residence restrictions and exclusion zones. ASSUMPTION 5. Previously convicted sex offenders account for a substantial proportion of the new sex offenses committed. This assumption is false. The research has found that only about 5% of new sex offenses were committed by individuals previously convicted of a sex offense. Conversely, almost all new sex offenses are committed by individuals who have never been previously convicted of a sex offense. Efforts to prevent new sexual victimizations by focusing on PC 290 Registrants are misplaced and a waste of resources. Instead, increased attention and resources should be directed toward broader prevention strategies. ASSUMPTION 6. Sex offenders are all alike in terms of their potential danger of offending against a juvenile victim. Therefore all need the same restrictions with respect to limiting their access to 2017-09-26 Agenda Packet Page 27 California Sex Offender Management Board (CASOMB) - Statement on Assembly Bill 201 1-6-16 6 children. This assumption is obviously not true. Many sex offenses involve victimization of adult women or men. When it comes to offenders with no history of victimizing children, community safety is not improved by regulating their access to places where children gather. ASSUMPTION 7. Molests perpetrated by persons who are strangers to the victim make up a substantial portion of sex offenses against children. Sex offenders prowl California communities looking for children to molest. This assumption is discredited by the research. Although the “stranger danger” perspective paints compelling images of sex offenders lurking in the bushes in order to snatch and molest a child, the reality is that sex offenses perpetrated against strangers account for only about 5% of total offenses. In the vast majority of cases, the offender is already known to the victim through some existing relationship, including being a member of the same family. Formulating policies based on the belief that “stranger danger” represents much of the problem needing attention diverts attention from the other types of prevention efforts are needed to attempt to reduce the 95% of actual victimization events. ASSUMPTION 8. Sex offenders find their victims and commit their crimes in or around schools or parks or other places where children gather. This assumption is not correct. Research on these questions discloses that such scenarios are by far the exception. Most contact with child victims and most actual offenses occur in the home of the victim or the offender. Of the very small number of sex offenses actually committed in or around a school, the majority were committed by teachers or staff who had never been convicted of a prior sex offense. Similarly, very few victims were encountered or offenses committed occurred in parks or similar locations. Where do sex offenders find their victims and commit their offenses? In almost all cases, not in the places from which they would be restricted by this Bill. (Note that the research upon which each of the above statements is based can be provided upon request.) PART FOUR: CONSEQUENCES – INTENDED AND UNINTENDED ANTICIPATED OVERALL CONSEQUENCES It is likely that many of California’s 540 local jurisdictions (58 Counties and 482 Municipalities) will enact some form of residence restriction and exclusion zone regulations. It is impossible to predict how many will actually do so. Prior to the court ruling determining that they were in violation of the California constitution, many local ordinances had been put in place. Numbers cited suggest that 70 Municipalities and 5 Counties had restrictions in place. Others were presumably in the process of being enacted. Because there is no system in place or anticipated to keep track of all of the possible local ordinances and regulations, it will be very difficult for anyone governed by or involved with this local-jurisdiction system to actually know what the rules are. Before the court decision prohibiting such local regulations was issued, CASOMB staff had made attempts to track the emergence of new local regulations. Staff found the effort frustrating, challenging, and extremely time-consuming and eventually were unable to continue the monitoring. This Bill makes no provision for any such tracking as a new set of regulations begin to roll out across the state. The Bill also makes no provision for the notification of registered individuals who might be directly impacted by new local residence restrictions or exclusion zones. If the Bill and the new local ordinances are written so that they apply to all registrants, then as many as 83,000 individuals could be impacted. Since it is likely that not all local jurisdictions will create local regulations, the number would probably not be that high, but could easily be tens of thousands. How would they learn of and 2017-09-26 Agenda Packet Page 28 California Sex Offender Management Board (CASOMB) - Statement on Assembly Bill 201 1-6-16 7 be given the specific information which would allow them to follow the proliferation of new restrictions in their own localities and across the state? Because the introduction of regulations purporting to prevent sexual reoffending is often – in the view of some observers – driven more by political factors than by well-informed policy considerations, it appears quite possible that local jurisdictions, especially those in certain parts of the state where many smaller jurisdictions are geographically contiguous, will vie with each other to avoid being seen as a “safe-haven” for sex offenders and will escalate efforts to match or surpass the restrictions imposed by their neighboring communities. A notorious example of this mentality on the national stage is that politicians in Georgia openly stated that their intent was to put in place stringent regulations which would drive sex offenders out of the state. Such a stance reflects an attitude of “we don’t really care where they go, just get them out of here.” ANTICIPATED DESIRED CONSEQUENCES Although, based on the above information, it seems highly unlikely, it is possible that a very small number of offenses might be prevented by the actions of local jurisdictions made possible by this Bill. ANTICIPATED UNDESIRED CONSEQUENCES Since AB 201 would open the door for them to do so, it appears likely that local restrictions will apply to ALL PC 290 registrants. Because Proposition 83 (Jessica’s Law) was completely unclear about the populations it intended to target, its restrictions were never applied to all registrants. The state’s previous experience with residence restrictions is based upon their application primarily to those on state parole – approximately 6,500 individuals. By contrast, ordinances developed under AB 201 could impact as many as 83,000 PC 290 registrants living in California communities, regardless of whether they are currently under parole or probation supervision or not under any formal criminal justice system supervision. The number of individuals who might be impacted by AB 201 would be exponentially larger. The potential for dislocation, loss of previously stable living arrangements, fragmentation of families, disruptions of children’s lives, loss of jobs due to exclusion zones, and other foreseeable consequences would be massive. The consequences of efforts to apply residence restrictions and exclusion zones to all of the state’s Registrants who live in jurisdictions which would implement AB 201 must be considered. No one appears to have made any estimate regarding the number of citizens who would be forced by residence restrictions to move, including those who own their own homes. There is no estimate about the amount of homelessness and transience which would result. Projections based on the experience of CDCR in enforcing residence restrictions on parolees suggest that those numbers would be considerable. There has been no apparent effort to estimate the number of jobs which would be lost because the place where a Registrant works – and may have worked for many years – happens to be in an area declared an exclusion zone by the local jurisdiction. Historically and currently, CDCR Parole Agents have been depending on Global Positioning Monitoring (GPS Ankle Bracelets) information to monitor exclusion zones. (Such case-specific exclusion zones can be and frequently are imposed by parole authorities in response to individualized needs and concerns.) The use of this costly equipment and the supporting tracking systems is now limited to parolees and some county probationers. The cost of requiring such tracking for all PC 290 registrants would be absolutely prohibitive. Yet without such a system, it would appear impossible to do any type of consistent enforcement of exclusion zone restrictions. Only if local law enforcement should happen to find a registrant in an exclusion zone would the presumed effectiveness of creating such zones have any chance of being realized. 2017-09-26 Agenda Packet Page 29 California Sex Offender Management Board (CASOMB) - Statement on Assembly Bill 201 1-6-16 8 PART FIVE: ADDITIONAL CONSIDERATIONS Experts advise that case-by-case decisions about where sex offenders may live or be present are far preferable to blanket, one-size-fits-all policies. Fortunately, California’s current system allows such case-based determinations to be made for individual sex offenders under direct criminal justice system supervision. The time when convicted sex offenders are most likely to commit a new offense occurs during the initial period after release. Over time the risk diminishes. It is during this initial period that authorities have the greatest control over these individuals since they are supervised under the authority of the California Department of Corrections and Rehabilitation’s Division of Parole Operations (CDCR-DAPO) or under one of the state’s 58 County Adult Probation Departments. These supervising agencies can use case information to impose individually-tailored requirements regarding where specific offenders may live or may be present during their period of supervision. These periods of parole or probation vary in length. CDCR parolees are under supervision for periods of 5, 10, or 20 years or, in certain cases, for life. Those on county probation are usually supervised for periods of 3 or 5 years. This system of sex offender management is already in place in California. The Legislature has included in the Penal Code explicit requirements that sex offenders under supervision be engaged in a certified specialized treatment program and that supervisors and treatment providers hold regular meetings and communicate regularly in accord with the “Containment Model.” This sex offender management approach, including individualized supervision guided by the “Risk Principle” paired with a specialized rehabilitative treatment program, is viewed by experts as the most effective approach to reducing sex offender recidivism. Although it is extremely difficult to estimate the costs involved with implementing, enforcing, and defending the local ordinances which might be created under this Bill, it is clear that they could be substantial. It may be true that there would be no direct costs to the state itself. There would definitely be costs to local government jurisdictions. The costs of filing, pursuing and responding to anticipated lawsuits would be considerable. It is certain that there would be fiscal impacts on individual citizens, including potentially tens of thousands of registrants who could lose their housing and, in some cases, their jobs. Landlords would lose income as tenants were forced to relocate. Whether it would even be possible to estimate all of the costs is questionable. To pass such legislation without even attempting to do so seems irresponsible. Given the history of residence restrictions in California, the proliferation of previous court challenges, and the decision returned by the California Supreme Court in the Taylor case, it seems predictable that there will be numerous court cases subsequent to the implementation of this Bill. The process of bringing lawsuits is, of course, a very costly one and much of the cost would be incurred by local jurisdictions defending their ordinances. Ultimately, such a process is also likely to take years. It seems improbable that decision makers in the state’s 540 local jurisdictions would have the internal expertise or access to such expertise to support the crafting of local ordinances which would really have some chance of improving sex offender management and reducing recidivism. Based upon past history, it seems more likely that the local decisions would be influenced by “common sense” and other considerations which would not be helpful in drafting solid policies. The history of the emergence of sex offender management policies throughout the United States is filled with experiences of jurisdictions creating policies which are not grounded in good science and verifiable knowledge. FINAL NOTE: As CASOMB has stated repeatedly in its Reports and other documents, it is unfortunate that so much energy goes into introducing and even implementing policies and practices which research says do not work rather than into actualizing the many possible policies and practices which could actually reduce sexual victimization in California. 2017-09-26 Agenda Packet Page 30 City of Chula Vista Staff Report File#:17-0008, Item#: 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND AFFORDABLE DRAIN SERVICE, INC. FOR CONSULTANT SERVICES FOR STORM DRAIN COLLECTION SYSTEM CONDITION ASSESSMENT AND EVALUATION RECOMMENDED ACTION Council adopt the resolution. SUMMARY On June 2, 2017, the City of Chula Vista Department of Engineering and Capital Projects advertised a Request for Proposal (RFP) to provide storm drain collection system inspection and evaluation services on corrugated metal pipe (CMP). On June 19, 2017, three proposals were received. Following the review and interview process, staff selected Affordable Pipeline Services as the most qualified firm. ENVIRONMENTAL REVIEW Environmental Notice This Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act State Guidelines Environmental Determination The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project, which consists of removing debris and blockages, spot repairs, and lining of existing CMP storm drain pipes at various locations, qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines because the proposal involves negligible or no expansion of an existing use, and all work will be done within existing the City of Chula Vista. Thus, no further environmental review is required. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION A drainage pipe assessment is required to evaluate the condition of Corrugated Metal Pipe (CMP) and determine the proper repair strategy for the design bid documents (replacement, or lining). On June 2, 2017, the City of Chula Vista issued an RFP for the Video Inspection and Evaluation of the CMP and the Director of Public Works approved the formation of the Selection Committee for this project in accordance with Section City of Chula Vista Printed on 9/21/2017Page 1 of 3 powered by Legistar™2017-09-26 Agenda Packet Page 31 File#:17-0008, Item#: 3. Director of Public Works approved the formation of the Selection Committee for this project in accordance with Section 2.57 of the Chula Vista Municipal Code. The Scope of Work includes: Contractor will provide all manpower and equipment required to perform the CCTV inspection as specified, including specialized televising equipment, self-propelled cameras, flotation mounted cameras, and hand carried equipment. Video inspection shall be performed by a certified NASSCO Pipeline Assessment & Certification Program (PACP) trained operator. The intent of the contract is to televise without cleaning; however, if the Contractor's attempt to perform the inspection in both directions has failed, Contractor shall recommend cleaning work to the City. The City will either handle the cleaning, or get a quote from the Contractor to do the cleaning. The City may authorize the Contractor to do the cleaning and compensate the Contractor based on the agreeable quote. Upon completion of the evaluation, any storm drain pipes that need repairs, lining or replacement will be identified and completed as part of DR205 (CMP Rehabilitation In Right-of-Way) and DR209 (CMP Rehabilitation Outside Right-of- Way) projects. By the June 19, 2017 due date, a total of three proposals were received. The Selection Committee evaluated the proposals and interviewed each company on June 28, 2017. The Selection Committee determined that Affordable Pipeline Services was the best qualified firm to undertake the services based on the following criteria: 1. Company references 2. Company staff experience 3. Capacity to perform work 4. Responsiveness to scope of work Fee schedules and contract details have been successfully negotiated with Affordable Pipeline Services (Attachment 1). The contractor is expected to finalize the work by early 2018. The contract will be funded with TransNet (DR207) for CMP inspections within the public roadway right-of-way (Attachment 2) and Measure P funds (DR210) for CMP inspections that are beyond the public roadway right-of-way (Attachment 3). The contractor’s work and invoices will be separately tracked to ensure proper accounting of said funds. 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 Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). 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 Collection System Condition and Evaluation Services project supports the Strong and Secure Neighborhoods Strategic Goal as it maintains public infrastructure vital to the quality of life for residents. CURRENT YEAR FISCAL IMPACT The resolution will approve $75,000 for drainage assessment within the public right-of-way (DR207) and $140,000 for drainage assessment outside the public right-of-way (DR210). Sufficient TransNet (DR207) and Measure P Funds (DR210) are available to perform the assessments. City of Chula Vista Printed on 9/21/2017Page 2 of 3 powered by Legistar™2017-09-26 Agenda Packet Page 32 File#:17-0008, Item#: 3. ONGOING FISCAL IMPACT This item does not include any ongoing financial commitments. Any fiscal impacts related to specific project recommendations will be brought back for City Council consideration along with funding options. ATTACHMENTS 1. Agreement between the City of Chula Vista and Affordable Pipeline Services, to provide Storm Drain Collection System Inspection and Evaluation Services 2. Listing of CMP pipe inside of the Right of Way 3. Listing of CMP pipe outside of the Right of Way City of Chula Vista Printed on 9/21/2017Page 3 of 3 powered by Legistar™2017-09-26 Agenda Packet Page 33 2017-09-26 Agenda Packet Page 34 2017-09-26 Agenda Packet Page 35 2017-09-26 Agenda Packet Page 36 2017-09-26 Agenda Packet Page 37 2017-09-26 Agenda Packet Page 38 2017-09-26 Agenda Packet Page 39 2017-09-26 Agenda Packet Page 40 2017-09-26 Agenda Packet Page 41 2017-09-26 Agenda Packet Page 42 2017-09-26 Agenda Packet Page 43 2017-09-26 Agenda Packet Page 44 2017-09-26 Agenda Packet Page 45 2017-09-26 Agenda Packet Page 46 2017-09-26 Agenda Packet Page 47 2017-09-26 Agenda Packet Page 48 2017-09-26 Agenda Packet Page 49 2017-09-26 Agenda Packet Page 50 2017-09-26 Agenda Packet Page 51 2017-09-26 Agenda Packet Page 52 2017-09-26 Agenda Packet Page 53 2017-09-26 Agenda Packet Page 54 2017-09-26 Agenda Packet Page 55 2017-09-26 Agenda Packet Page 56 2017-09-26 Agenda Packet Page 57 2017-09-26 Agenda Packet Page 58 FeatureID MainShape 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15540 30 30 36.16255 24312 ROUND 12849 15501 30 30 31.88539 24317 ROUND 14557 15392 30 30 19.14791 24394 ROUND 22328 8005 18 18 222.6086 24395 ROUND 8005 22329 30 30 200.4516 25180 ROUND 2160 6489 0 0 45.92438 25183 ROUND 9231 3261 144 144 38.13588 2017-09-26 Agenda Packet Page 67 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND AFFORDABLE DRAIN SERVICE, INC. FOR CONSULANT SERVICES FOR STORM DRAIN COLLECTION SYSTEM CONDITION ASSESSMENT AND EVALUATION WHEREAS, the City of Chula Vista (City) has over 94,000 linear feet of Corrugated Metal Pipe (CMP) that convey storm water runoff to different watersheds throughout the City; and WHEREAS, some of these CMPs have been exposed to harsh environment and may have sustained some deterioration 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; and WHEREAS, in 2005, Hirsh & Company completed the last condition assessment of CMPs for the City; and WHEREAS, the City desires to retain a conslutant firm to provide a re-assessment of these CMPs in order to establish an updated priority list for the CMP Rehabilitation Capital Improvement Program; and WHEREAS, on June 2, 2017, a Request for Proposal (RFP) for Storm Drain Collection System Condition Evaluation services was issued by the City; and WHEREAS, on June 19, 2017, the City of Chula Vista’s Engineering Department received three (3) proposals in response to the RFP; and WHEREAS, the City completed the consultant selection process in accordance with Ordinance 3400 and Section 2.56.110C of the Chula Vista Municipal Code; and WHEREAS, the selection panel determined that Affordable Drain Service, Inc. dba Affordable Pipeline Services (APS)has previously performed satisfactory work within the City and that APS is the firm best qualified to undertake the services described in the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it approves the agreement between the City of Chula Vista and Affordable Drain Services, Inc. dba Affordable Pipeline Services for consultant services for storm drain collection system condition assessment and evaluation in the form presented. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it authorizes the City Attorney to make such modifications to the agreement as deemed necessary 2017-09-26 Agenda Packet Page 68 for the benefit of the City, and authorizes the Mayor, or her designee, to execute the agreement on behalf of the City of Chula Vista. Presented by Approved as to form by William S. Valle Glen R. Googins Director of Engineering & Capital Projects City Attorney 2017-09-26 Agenda Packet Page 69 City of Chula Vista Staff Report File#:17-0312, Item#: 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PARK MASTER PLAN FOR THE 1.9-ACRE P-5 PUBLIC NEIGHBORHOOD PARK LOCATED IN MILLENIA, AND APPROVING THE PARK NAME “ STRATA PARK” RECOMMENDED ACTION Council adopt the resolution. SUMMARY This report presents the draft Park Master Plan for the third Millenia park and seeks approval of the plan and the park name, “Strata Park.” ENVIRONMENTAL REVIEW Environmental Notice The project was adequately covered in previously adopted, Otay Ranch Eastern Urban Center (EUC), Final Second Tier Environmental Impact Report, EIR 07-01, SCH No. 2007041074. Therefore, no additional environmental review is required. Environmental Determination The Director of Development Services has determined that the project was adequately covered in previously adopted Final Second Tier Environmental Impact Report, EIR 07-01. Therefore, no additional environmental review is required. BOARD/COMMISSION RECOMMENDATION On September 5 th, 2017, the Parks and Recreation Commission recommended for approval the Master Plan and the name Strata Park, with a number of recommendations to be considered during the preparation of the construction drawings. These items were as follows: ·Include a urinal in one of the restroom stalls ·Include more than one drinking fountain ·Include distance markers on walkways associated with the fitness area ·Locate trash receptacles, BBQs and hot coal containers to avoid tripping hazards. ·Avoid the use of plant material with large spikes. ·Consider planting vines at the large shade structure ·Explore ways to reliably charge fees for outdoor fitness classes being run on a business basis in the park. City of Chula Vista Printed on 9/21/2017Page 1 of 5 powered by Legistar™2017-09-26 Agenda Packet Page 70 File#:17-0312, Item#: 4. DISCUSSION Background This 1.9 park site is located in Millenia, formerly known as the Eastern Urban Center, in eastern Chula Vista. The Sectional Planning area (SPA) plan for the development was adopted by City Council on October 6, 2009, Resolution No.2009-224 and Ordinance No. 3142. The site was offered for dedication to the City and accepted on Final Subdivision Map No. 16081 recorded at the San Diego County Recorder’s Office on December 28, 2015. The SPA includes an overall master plan for the system of six parks within the development, describing their locations, how the park obligations, per Chapter 17.10 of the Municipal Code, will be met, and how overall design concepts and program elements will be included within each park. Parks Concept for Millenia The SPA plan for Millenia includes an Urban Parks, Recreation, Open Space and Trails Plan which describes a system of parks, plazas and trails within the development that will reinforce the character and function of the development as the premiere urban-mixed use center of South San Diego County. It includes a concept diagram of each park including the 1.9-acre P-5 park. Each concept diagram lists the elements recommended to be included and the overall theme for the park. Millenia Parks Agreement The Millenia project meets its park obligations, as stated in Chapter 17.10 of the Municipal Code, through a combination of parkland dedication, parkland development improvements and in-lieu fees. The ways in which these provisions are to be made are documented in detail in the “Agreement Regarding Construction of Parks in a Portion of Otay Ranch Eastern Urban Center” (Park Agreement), Resolution No.2009-226, approved on September 15, 2009 by City Council. The Millenia parks are to be provided through the “turnkey” method where the developer constructs the park on behalf of the City in lieu of paying park development fees. The Park Agreement makes provision for an increased level of park facilities than are typically included in a Chula Vista park. The associated level of park credit given by the City for the parks is increased to reflect the increased level of amenities. In addition, the developer will provide recreation facilities along the jogging trails through the business district for which they may receive credit as well as meeting the remaining portion of their obligation with in-lieu fees. The agreement allows for the City to approve special event programming in Millenia parks to help encourage the sense of community. The Millenia master developer and the landscape consultants, Spurlock Landscape Architects, have entered into a two-party agreement for the design of the P5 Park. Park (P-5) The overall theme for the park is “Light.” The draft master plan for the park includes the following elements: City of Chula Vista Printed on 9/21/2017Page 2 of 5 powered by Legistar™2017-09-26 Agenda Packet Page 71 File#:17-0312, Item#: 4. ·Restroom Building (with limited storage) ·Flexible Use Plaza ·Shade Structure/Trellis (creating patterns and color) ·Picnic/BBQ Area ·Porch Swings ·Fitness Court ·Open Lawn/Flexible Event Space ·Outdoor Game Facilities (heavy duty public park grade) Ping Pong Foosball Bean Bag Toss Horseshoe ·Community Garden ·Movable Tables and Chairs ·Hydration Station ·Formal and Informal Walks ·Low Water Use Planting Palettes (reflecting both sun and shade) ·Special Light Elements (in addition to standard park lighting) Glow in the Dark aggregate paving Light Rings In-ground Lighting Glowing Boulders As a turnkey park, the developer will build the park on behalf of the City to meet their park obligations. There will be no capital cost to the City for the construction of this park. The projected park development budget totals $2.63 million, as summarized below. (Millions) Projected Construction Cost* $ 2.04 Projected Soft Costs $ 0.59 Total Park Development Budget $ 2.63 *Per cost estimate prepared by design consultants. Park Name Strata Park will take on the name of the fronting street, Strata Street, for the park name thereby continuing the naming theme which was begun with the first Millenia Park, Stylus Park on Stylus Street and the second Millenia Park, Orion Park on Orion Avenue. Special Maintenance Provisions The Park Agreement makes provision for a more enhanced level of park maintenance than the Chula Vista General Fund typically allows for. Fifty percent of the maintenance cost will be the City’s average annual cost per acre for park maintenance. To match this amount, fifty percent will be City of Chula Vista Printed on 9/21/2017Page 3 of 5 powered by Legistar™2017-09-26 Agenda Packet Page 72 File#:17-0312, Item#: 4. average annual cost per acre for park maintenance. To match this amount, fifty percent will be contributed to the City by a Community Facilities District (CFD) (discussed below) which assesses future development in Millenia. This enables the City to maintain the parks with more maintenance intensive features at no additional cost to the General Fund. CFD 14M (a Mello-Roos District) administers funds for Millenia’s public infrastructure maintenance. The resident’s special tax contribution will fund fifty percent of the annual park maintenance costs. The City’s General Fund will fund the remaining fifty percent of the annual park maintenance costs through this same CFD. This mechanism is set up to ensure that the funds for the maintenance of Millenia’s parks are used exclusively for maintaining the Millenia Parks. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(11), for purposes of the Political Reform Act (Cal. Gov’t Code §87100,et seq.). Staff is not independently aware, and has not been informed by any City Council members, 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 proposed P5 Park addresses the Healthy Community and Connected Community goals as it seeks to provide recreational opportunities for residents. CURRENT YEAR FISCAL IMPACT All costs associated with the preparation of this item are borne by the developer, resulting in no net fiscal impact to the General Fund or the Development Services Fund. ONGOING FISCAL IMPACT Upon completion and acceptance of the park, the General Fund will annually contribute fifty percent of the park’s maintenance cost, with the remaining fifty percent being funded via CFD 14M. The current average maintenance cost per park acre is $60,000. At 1.9 acres, this equates to a projected annual General Fund contribution of $114,000 (2016 dollars). ATTACHMENTS 1.Park Design Exhibits 2.Minutes from the Parks and Recreation Commission meeting dated Sept 5th, 2017 City of Chula Vista Printed on 9/21/2017Page 4 of 5 powered by Legistar™2017-09-26 Agenda Packet Page 73 File#:17-0312, Item#: 4. Staff Contact: Mary Radley, Landscape Architect, Development Services City of Chula Vista Printed on 9/21/2017Page 5 of 5 powered by Legistar™2017-09-26 Agenda Packet Page 74 STRATA PARK MILLENIA P5 MASTER PLAN STRATA PARK MILLENIA P5 MASTER PLAN 2017-09-26 Agenda Packet Page 75 STRATA PARK MILLENIA P5 MASTER PLAN Stylus Metro Orion Strata Millenia Montage MILLENIA PARK PLAN 2017-09-26 Agenda Packet Page 76 STRATA PARK MILLENIA P5 MASTER PLAN 1.SITE CONTEXT 2.SITE ANALYSIS 3.GOALS AND OBJECTIVES 4.PARK MASTER PLAN 5.PERSPECTIVE VIEWS 6.TRELLIS CHARACTER IMAGERY 7.PARK AMENITIES 8.PARK FURNISHINGS AND MATERIALS 9.LIGHTING CONCEPT 10.HARDSCAPE MATERIALS 11.PLANTING CHARACTER AND PALETTE 12.COMFORT STATION 13.SITE UTILITIES, GRADING & DRAINAGE SHEET INDEX 2017-09-26 Agenda Packet Page 77 STRATA PARK MILLENIA P5 MASTER PLAN SITE ANALYSIS INSTITUTIONAL OPEN SPACE COMMERCIAL MULTI -FAMILY TOWNHOME SINGLE FAMILY OFFICE STRAT A PARK LAND USE PLAN EASTLAKEPARKWAYORIONAVENUEMETROAVENUESTRATA STREET OPTIMA STREETMONTAGEAVENUE VEHICULAR REGIONAL TRAIL PARK CIRCUIT WALK PASEO STRATA PARK CIRCULATION PLAN EASTLAKEPARKWAYORIONAVENUEMETROAVENUESTRATA STREET OPTIMA STREETMONTAGEAVENUE OPEN SPACE STRATA PARK OPEN SPACE PLAN EASTLAKEPARKWAYORIONAVENUEMETROAVENUESTRATA STREET OPTIMA STREETMONTAGEAVENUE 2017-09-26 Agenda Packet Page 78 STRATA PARK MILLENIA P5 MASTER PLAN SITE VIEW EAST TO MOUNTAINSSITE VIEW NORTH TO MOUNTAINS STYLUS PARK ENTRYVIEW INTO SITE FROM NORTHEAST CORNER ALONG STRATA ST.STYLUS PARK STREETSCAPE CONTEXT CONDITIONS SITE SITE 2017-09-26 Agenda Packet Page 79 STRATA PARK MILLENIA P5 MASTER PLAN SITE ANALYSIS 2017-09-26 Agenda Packet Page 80 STRATA PARK MILLENIA P5 MASTER PLAN 600' TOWN SQUARE PARK PASEO STRATA PARK N NOT TO SCALE 2017-09-26 Agenda Packet Page 81 STRATA PARK MILLENIA P5 MASTER PLAN STYLUS -COMFORT STATION -COMMUNITY PLAZA -SHADE STRUCTURE / TRELLIS -PICNIC AREA -SPLASH PAD -DOG RUN -PLAY AREA / TOT LOT -BOCCE COURTS -MOVABLE TABLES & CHAIRS -FLEXIBLE LAWN STRATA PARK -COMFORT STATION -COMMUNITY PLAZA -SHADE STRUCTURE/TRELLIS -PICNIC AREA -PORCH SWINGS -FLEXIBLE FITNESS AREA -FLEXIBLE LAWN -GAME/ACTIVITY AREAS: -PING -PONG -FOOSBALL -BEAN BAG TOSS -HORSESHOE -COMMUNITY GARDEN -MOVABLE TABLES &CHAIRS SHADE STRUCTURE WITH PATTERN AND COLOR COMMUNITY GARDEN WALKING TRAILS PICNIC AREA (FUTURE) MILLENIA PARK -COMFORT STATION -PLAY AREA / TOT LOT -TREE HOUSE -SOCCER FIELD -TENNIS COURTS -BASKETBALL COURTS -FLEXIBLE LAWN ORION PARK -COMFORT STATION -COMMUNITY PLAZA -SHADE STRUCTURE / TRELLIS -PICNIC AREA -WATER FEATURE -DOG RUN -PLAY AREA / TOT LOT -TERRACED SEATING COMMUNITY PARK AMENITIES THE STRATA PARK PLAN IS INTERSPERSED WITH MULTI–GENERATIONAL ACTIVITY SPACES TO COMPLEMENT ADJACENT PARK PROGRAMS 2017-09-26 Agenda Packet Page 82 STRATA PARK MILLENIA P5 MASTER PLAN PROJECT GOALS •CREATE AN ICONIC AND ACTIVATED COMMUNITY SPACE •SUPPORT AND ENHANCE THE MILLENIA STREETSCAPES •ENSURE STRONG CONNECTIONS BETWEEN THE PARK AND SURROUNDING DEVELOPMENT •ESTABLISH THE PARK AS A NEIGHBORHOOD FOCAL POINT •ACCOMMODATE PROGRAMMINGOF COMMUNITY ACTIVITIES •INCLUDE A MIX OF ACTIVE AND PASSIVE USES •ENCOURAGE MULTI-GENERATIONAL ENJOYMENT •CREATE AN INVITING AND FLEXIBLE SPACE •DESIGN A VARIETY OF OPEN AND SHADED OUTDOOR AREAS •ACCOMMODATE A VARIETY OF GROUP SIZES •UTILIZE A DROUGHT TOLERANT AND LOW MAINTENANCE PLANT PALETTE •INCORPORATE UNIVERSALLY ACCESSIBLE DESIGN •INCLUDE AN AUTOMATED EFFICIENT AND LOW MAINTENANCE RECLAIMED IRRIGATION SYSTEM •INCLUDE A POTABLE IRRIGATION SYSTEM FOR THE COMMUNITY GARDEN •DEVELOP STORMWATER TREATMENT AS A DESIGN FEATURE •REVEAL AND INTEGRATE LIGHT AND SHADOW THE STRATA PARK PLAN ESTABLISHES THE PARK AS A NEIGHBORHOOD FOCAL POINT BY TYING INTO ADJACENT PEDESTRIAN ROUTES AND CREATING ACTIVE GATHERING DESTINATIONS. THE DESIGN PRESENTED IS AN EVOLUTION OF THE INITIAL MASTER PLAN CONCEPT WHICH HAS BEEN REFINED TO BEST SERVE THE COMMUNITY GIVEN CURRENT SITE CONDITIONS AND EVOLUTION OF SURROUNDING DEVELOPMENTS. THE ENTRY PLAZAS LOCATED AT THE TERMINUS OF THE PASEO AND THE CORNER OF STRATA STREET AND MONTAGE AVENUE ACCOMMODATE A VARIETY OF GROUP SIZES AND ACTIVITIES, WHILE DESIGNED TO EXPRESS LIGHT AND SHADOW AS A CENTRAL FEATURE OF THE SITE. A LAYERED CENTRAL TRELLIS AT THE MAIN PLAZA INCORPORATES A RHYTHM OF SHADE,SHADOW,LIGHT AND COLOR TO BECOME A DESTINATION FEATURE VISIBLE FROM THE PASEO. THE ORIENTATION OF THE TRELLIS REDIRECTS VIEWS AND MOVEMENT TOWARD PLAZA AND LAWN SPACES TO CREATE A SEAMLESS CONNECTION TO THE PARK PROGRAMMING. INFORMAL GARDEN-LIKE EDGES ALONG STRATA STREET AND THE ADJACENT RESIDENTIAL DEVELOPMENTS FORM A TEXTURED AND COLORFUL BACKDROP TO PARK ACTIVITIES. THIS PLANTED EDGE INTEGRATES WITH GENTLE TOPOGRAPHY TO REINFORCE PARK CIRCULATION AND FRAME GATHERING SPACES AND VIEW CORRIDORS. THE PLANTING PALETTE UTILIZES DROUGHT TOLERANT AND SITE ADAPTED PLANTING TO CREATE A BRIGHT,COLORFUL AND ALMOST GLOWING EFFECT THAT CHANGES SEASONALLY. PLANT SPECIES ENGAGE THE SENSES THROUGH COLOR,FRAGRANCE,DAPPLED LIGHT,TEXTURE AND MOVEMENT, WHILE REINFORCING CITY SUSTAINABILITY AND MAINTENANCE GOALS. THE LOOSE PLANTING COMPOSITION ALLOWS THE GARDEN TO BECOME A SANCTUARY AND SAFE, INFORMAL PLAY AREA INTERSPERSED WITH PLAYFUL LIGHT FEATURES. PROJECT NARRATIVE 2017-09-26 Agenda Packet Page 83 STRATA PARK MILLENIA P5 MASTER PLAN N B C K L L L A M O N P Q R S S T U D F F F H H H I I E J V VW X X X G 0 100’50’25’ HARDSCAPE LEGEND Standard Gray Concrete W/Sand Finish Glow In The Dark Aggregate Paving Stabilized Decomposed Granite Enhanced Paving: Pavers Or Integral Color Concrete with Sand Finish A.Open Lawn / Flexible Event Space B.Shade Structure C.Regional Trail D.Community Garden E.Hydration Station F.Picnic/BBQ Area w/ Hot Coal Bin G.Fitness Court H.Informal Path I.Elevated Ring Light Feature J.Flexible Use Plaza K.Comfort Station and Storage Building L.Vegetated Stormwater Swale M.Porch Swings N.Removable Bollards O.Concrete Ping Pong Table P.Concrete Foosball Table Q.Horse Shoe Court R.Concrete Bean Bag Toss S.Sun Garden T.Moon Garden U.Monument Sign Attached To Building V.Moveable Furnishings W.Fixed Picnic Seating X.Lighted Boulders PROGRAM ELEMENTS STRATA PARK PLAN 2017-09-26 Agenda Packet Page 84 STRATA PARK MILLENIA P5 MASTER PLAN PARK VIEW -BIRD’S EYE VIEW LOOKING NORTHEAST 2017-09-26 Agenda Packet Page 85 STRATA PARK MILLENIA P5 MASTER PLAN VIEW DOWN PASEO PARK VIEW –VIEW FROM PASEO 2017-09-26 Agenda Packet Page 86 STRATA PARK MILLENIA P5 MASTER PLAN PARK VIEW –TRELLIS VIEW FROM BEAN BAG TOSS COURT 2017-09-26 Agenda Packet Page 87 STRATA PARK MILLENIA P5 MASTER PLAN PARK VIEW –EAST PARK ENTRANCE BY COMFORT STATION 2017-09-26 Agenda Packet Page 88 STRATA PARK MILLENIA P5 MASTER PLAN PARK VIEW –SHADED SEATING UNDER TRELLIS 2017-09-26 Agenda Packet Page 89 STRATA PARK MILLENIA P5 MASTER PLAN PARK VIEW –SOUTHEAST MOON GARDEN ENTRANCE 2017-09-26 Agenda Packet Page 90 STRATA PARK MILLENIA P5 MASTER PLAN PARK VIEW –WEST PARK ENTRANCE NEAR COMMUNITY GARDEN 2017-09-26 Agenda Packet Page 91 STRATA PARK MILLENIA P5 MASTER PLAN PARK VIEW –WEST CORNER ENTRANCE 2017-09-26 Agenda Packet Page 92 STRATA PARK MILLENIA P5 MASTER PLAN TRELLIS CHARACTER IMAGERY 2017-09-26 Agenda Packet Page 93 STRATA PARK MILLENIA P5 MASTER PLAN FOOD TRUCK PLAZA COMMUNITY GARDEN OUTDOOR FOOSBALL OUTDOOR FITNESS AREA OUTDOOR FITNESS BIKES HORSESHOES OUTDOOR PING PONG OUTDOOR BEAN BAG TOSS MOVIES IN THE PARK CROSSFIT TRAINING GROUP GAMES PROGRAM AMENITIES TEMPORARY/FLEXIBLE PROGRAM ACTIVITIES 2017-09-26 Agenda Packet Page 94 STRATA PARK MILLENIA P5 MASTER PLAN BENCHES TRASH AND RECYCLING PICNIC TABLES TABLE WITH IPE OR ALUMINUM SLATSBENCH WITH IPE OR ALUMINUM SLATS CONCRETE RECEPTACLE MOVABLE TABLE &CHAIRS ALUMINUM CAFE TABLE AND CHAIRS BIKE RACK HYDRATION STATIONGARDENFENCE ALUMINUM RACK FOUNTAIN AND BOTTLE FILLING 6 FOOT WOOD OR METAL POST AND WIRE MESH FENCE CHARCOAL BBQ ASH DISPOSAL STEEL FREESTANDING CHARCOAL BBQ PRECAST CONCRETE ASH BIN ALUMINUM BENCH SWING BENCH SWING PARK FURNISHINGS AND MATERIALS 2017-09-26 Agenda Packet Page 95 STRATA PARK MILLENIA P5 MASTER PLAN LIGHT POSTS LIGHT BOLLARDS TRELLIS LIGHTS IN GROUND LIGHTING ADJACENT DEVELOPMENT LIGHTING SPECIALTY LIGHTING A VERTICAL LIGHTING C F LED TREE RINGS G GLOWING BOULDERS D E B GLOWING AGGREGATEILLUMINATED PAVING BANDS OR PIN LIGHTS A C A LIGHTING CONCEPT –BANDED LIGHT 2017-09-26 Agenda Packet Page 96 STRATA PARK MILLENIA P5 MASTER PLAN POURED IN PLACE RUBBER SURFACING AT FITNESS AREA BANDED CONCRETE PAVING AT MAIN PLAZA STABILIZED DECOMPOSED GRANITE AT GATHERING AREAS REGIONAL TRAIL EXPOSED AGGREGATE CONCRETE AT BBQ AREAS SECONDARY PATHS:STABILIZED DECOMPOSED GRANITE WITH CONCRETE MOW CURB SAND FINISH CONCRETEGLOWING AGGREGATE HARDSCAPE MATERIALS 2017-09-26 Agenda Packet Page 97 STRATA PARK MILLENIA P5 MASTER PLAN PLANTING CHARACTER DIAGRAM SUN GARDEN -SCULPTURAL SUCCULENTS WITH FLOWERING EVERGREEN SHRUBS AND BRIGHT SEASONAL COLOR ORNAMENTAL -GRAPHIC BANDS OF BRIGHT AND FLOWERING PLANTS MOON GARDEN -CASCADING GRASSES AND SHRUBS WITH COOL TONE FLOWERS AND VARIEGATED AND TINTED FOLIAGE ACCENTS STREETSCAPE-PER STREETSCAPE PLAN LAWN-FLEXIBLE TURF AREA 2017-09-26 Agenda Packet Page 98 STRATA PARK MILLENIA P5 MASTER PLAN ZELKOVA SERRATA 'VILLAGE GREEN' SAWLEAF ZELKOVA ARCHONTOPHOENIX CUNNINGHAMIANA KING PALM RHAMNUS CALIFORNICA 'LITTLE SUR' LITTLE SUR COFFEEBERRY PHORMIUM 'MAORI QUEEN' MAORI QUEEN NEW ZEALAND FLAX HELICTOTRICHON SEMPERVIRENS BLUE OATGRASS METROSIDEROS EXCELSA NEW ZEALAND CHRISTMAS TREE JUNCUS PATENS 'ELK BLUE' SPREADING RUSH CAREX PRAEGRACILIS SLENDER SEDGE PLANTING PALETTE -STRATA STREETSCAPE (FROM PREVIOUSLY APPROVED PLANS) 2017-09-26 Agenda Packet Page 99 STRATA PARK MILLENIA P5 MASTER PLAN ALOE ARBORESCENS 'SPINELESS' TOOTHLESS TORCHALOE HETEROMELES ARBUTIFOLIA 'DAVIS GOLD' DAVIS GOLDTOYON CISTUS X PURPUREUS ORCHID ROCKROSE ACACIA REDOLENS 'LOW BOY' PROSTRATE ACACIA SIMMONDSIA CHINENSIS JOJOBA ERIOGONUM FASCICULATUM BUCKWHEAT CRASSULA FALCATA AIRPLANE PLANT BOUGAINVILLEA ORANSENKA ORANGE BOUGAINVILLEA GEIJERA PARVIFLORA AUSTRALIAN WILLOW SCULPTURAL SUCCULENTS WITH FLOWERING EVERGREEN SHRUBS AND BRIGHT SEASONAL COLOR RHAMNUS CALIFORNICA 'LITTLE SUR' LITTLE SUR COFFEEBERRY PLANTING PALETTE –SUN GARDEN (SUCH AS LIST) 2017-09-26 Agenda Packet Page 100 STRATA PARK MILLENIA P5 MASTER PLAN CASCADING GRASSES AND SHRUBS WITH COOL TONE FLOWERS AND VARIEGATED AND TINTED FOLIAGE ACCENTS MUHLENBERGIA RIGENS DEER GRASS CEANOTHUS 'YANKEE POINT' YANKEE POINTCEANOTHUS ULMUS PARVIFLORA EVERGREEN ELM ACHILLEA MILLEFOLIUM COMMON YARROW AEONIUM HAWORTHII HAWORTH'S AEONIUM TEUCRIUM FRUTICANS BUSH GERMANDER ALOE RUBROVIOLACEA ARABIAN ALOE ARTEMISIA 'POWIS CASTLE' WORMWOOD EUPHORBIA AMYG. 'HELENA'S BLUSH' HELENA'S BLUSH EUPHORBIA YUCCA 'BRIGHT STAR' BRIGHT STAR YUCCA TRACHELOSPERMUM JASMINIOIDES STAR JASMINE RHAMNUS CALIFORNICA 'LITTLE SUR' LITTLE SUR COFFEEBERRY PLANTING PALETTE –MOON GARDEN (SUCH AS LIST) 2017-09-26 Agenda Packet Page 101 STRATA PARK MILLENIA P5 MASTER PLAN GRAPHIC BANDS OF BRIGHT AND FLOWERING PLANTS WITH STRIKING FORM AND TEXTURE DIANELLA 'CASSA BLUE' BLUE FLAX LILY ALOE VERA MEDICINAL ALOE QUERCUS ILEX HOLLY OAK KALANCHOE BEHARENSIS VELVET ELEPHANT EAR AGAVE ATTENUATA FOX TAIL AGAVE DIETES GRANDIFLORA FORTNIGHT LILY LAVANDULA 'OTTOQUAST' SPANISH LAVENDER ANIGOZANTHOS 'FLAVIDUS' GREEN ANIGOZANTHOS WESTRINGIA 'MORNING LIGHT' COAST ROSEMARY TRACHELOSPERMUM JASMINIOIDES STAR JASMINE CAREX PRAEGRACILIS SLENDER SEDGE PLANTING PALETTE –ORNAMENTAL GARDEN (SUCH AS LIST) 2017-09-26 Agenda Packet Page 102 STRATA PARK MILLENIA P5 MASTER PLAN 0 8’4’2’ PLUMBING CHASE AND UTILITY/STORAGE COMFORT STATION–PRELIMINARY FLOOR PLAN 2017-09-26 Agenda Packet Page 103 STRATA PARK MILLENIA P5 MASTER PLAN COMFORT STATION–PRELIMINARY ELEVATIONS 2017-09-26 Agenda Packet Page 104 STRATA PARK MILLENIA P5 MASTER PLAN COMFORT STATION–INSPIRATION IMAGERY 2017-09-26 Agenda Packet Page 105 STRATA PARK MILLENIA P5 MASTER PLAN N 50 SCALE CUT / FILL CALCULATIONS: 1,800 CY OF FILL SITE UTILITIES, GRADING AND DRAINAGE 2017-09-26 Agenda Packet Page 106 STRATA PARK MILLENIA P5 MASTER PLAN PRIME CONSULTANT CONTACT INFORMATION Brad Lents,Principal-In-Charge blents@spurlock-land.com Ieszic Formeller, Project Manager iformeller@spurlock-land.com 619.681.0090 THANK YOU ANY QUESTIONS? 2017-09-26 Agenda Packet Page 107 Page 1 | Parks and Recreation Commission Minutes September 5, 2017 MINUTES OF A SPECIAL MEETING OF THE PARKS AND RECREATION COMMISSION OF THE CITY OF CHULA VISTA September 5, 2017 6:30 p.m. A Special Meeting of the Parks and Recreation Commission of the City of Chula Vista was called to order at 6:34 p.m. in the Council Chambers, located at 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Commissioners Buddingh (arrived at 6:49 p.m.), Garcia-Lopez, German, Gregorio, Zarem, Chair Fernandez ABSENT: Commissioner Doyle ALSO PRESENT: Deputy City Manager Bacon, Assistant Director of Public Works Quilantan, Principal Recreation Manager Contreras, Principal Recreation Manager Farmer, Pros Consulting Vice-President Bhatt, Landscape Architect Radley, Spurlock Landscape Prime Consultant Principal–In-Charge Lents, Spurlock Landscape Prime Consultant Project Manager Formeller, Meridian Development Executive Vice-President Galarneau PUBLIC COMMENTS Mary Twohey, with the Youth Sports Council, spoke regarding concerns with the City’s budget issues. He stated that in years past, the City has cut the recreation and public works departments and there is not enough staff to maintain the increasing number of City parks and buildings. He is concerned that this will have a negative impact on the ongoing park irrigation review and Prop P. He also stated that the Youth Sports Council is concerned about upcoming budget deficit of $3-$8 million facing the City next year and asked for the Commission’s support moving forward especially with sustainability and ongoing maintenance. Mr. Twohey also asked that the cost recovery report provide comparisons to other neighboring cities and not cities in North County. CONSENT CALENDAR 1. APPROVAL OF JULY 20, 2017, REGULAR MEETING MINUTES Minutes from the July 20, 2017, Regular Meeting were reviewed. Staff recommendation: Commission approve the minutes 2. APPROVAL COMMISSIONER FERNANDEZ ABSENCE FROM July 20, 2017, REGULAR MEETING 2017-09-26 Agenda Packet Page 108 Page 2 | Parks and Recreation Commission Minutes September 5, 2017 Staff recommendation: Commission excuse the absence ACTION: Commissioner German moved to approve staff’s recommendations and offered Consent Calendar Items 1 through 2. Commissioner Zarem seconded the motion, and it carried by the following vote: Yes: 5 – Fernandez, Garcia-Lopez, German, Gregorio, Zarem ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. ACTION ITEMS 3. MILLENIA PARK P-5 STRATA PARK PROJECT Landscape Architect Radley, Spurlock Landscape Prime Consultant Principal–In-Charge Lents, Spurlock Landscape Prime Consultant Project Manager Formeller, Meridian Development Executive Vice-President Galarneau presented the Strata Park master plan. Background on the development of the master plan by Spurlock Landscape Architects and City staff was provided. The master plan was developed with a special emphasis on park maintainability. The current proposed ribbon cutting is estimated to be in the third quarter 2019. Commissioner German suggested having plants on the trellis or other elevated areas of the park to provide more shade. Commissioner German asked that developers consider installing a urinal in one of the restrooms. Commissioner Zarem suggested that more than one hydration station or water fountain be installed in case one station is vandalized or broken. Commissioner Gregorio asked that demarcation of trail distance be created in order to promote healthy activity. Commissioner Buddingh suggested that containers, bike parking areas, trashcans, and barbeques be moved away from the grass areas to avoid people accidently running into them and getting hurt. Commissioner Buddingh suggested that bougainvillea not be used because of thorns. Chair Fernandez asked that Public Works and Recreation look into unpermitted popup fitness classes that may set up in the park. ACTION: Commissioner German moved to approve the draft master plan for the 1.9 acre turnkey public neighborhood and that the park name, “Strata Park,” be approved subject to commissioner’s comments. Commissioner Buddingh seconded the motion, and it carried by the following vote: Yes: 6 – Buddingh, Fernandez (arrived at 6:49 p.m., heard the presentation and participated in this and all following votes), Garcia-Lopez, German, Gregorio, Zarem 4. COST RECOVERY, RESOURCE ALLOCATION AND REVENUE ENHANCEMENT STUDY 2017-09-26 Agenda Packet Page 109 Page 3 | Parks and Recreation Commission Minutes September 5, 2017 Principal Recreation Managers Farmer and Contreras along with Pros Consulting Vice-President Bhatt presented the Recreation Department’s Cost Recovery, Resource Allocation and Revenue Enhancement Study. Community outreach meetings will be held prior to the report going to City Council. Implementation is expected January 2018. Commissioner Buddingh suggested that ticket fees for conducting unpermitted fitness classes in parks be more than the $25/day permit fee. Principal Recreation Manager Farmer stated that the Recreation Department will present budget to the Commission on an annual basis. ACTION: Commissioner Buddingh moved to recommend to City Council approval of the Cost Recovery, Resource Allocation and Revenue Enhancement Study, subject to getting input from Norman Park about proposed gym membership cost increases. Commissioner Gregorio seconded the motion, and it carried by the following vote: Yes: 6 – Buddingh, Fernandez, Garcia-Lopez, German, Gregorio, Zarem 5. ARTICLE REGARDING SHOWERING BEFORE USING SWIMMING POOLS A discussion about showering before swimming in pools occurred. Commissioners German and Buddingh suggested that signage about the State Law on showering be displayed. Principal Recreation Manager will distribute the article to Aquatic Supervisors and will have the Supervisors discuss implementation and return to the Commission with a report. ACTION: Commissioner German moved that the Wall Street Journal article be distributed to aquatic staff and that aquatic staff return to the commission with a report on how the City is enforcing the law and recommendations for enforcement. Commissioner Buddingh seconded the motion, and it carried by the following vote: Yes: 6 – Buddingh, Fernandez, Garcia-Lopez, German, Gregorio, Zarem OTHER BUSINESS 1. STAFF COMMENTS Principal Recreation Manager Farmer discussed upcoming recreation events. Assistant Director Quilantan discussed that status of basketball and tennis court resurfacing bids closed. She stated that the work should be completed by the end of December. The pond at Heritage Park was drained and sludge, litter, and a variety of animals were removed from the pond. 2. CHAIR’S COMMENTS 2017-09-26 Agenda Packet Page 110 Page 4 | Parks and Recreation Commission Minutes September 5, 2017 Chair Fernandez stated that he was pleased to see the cost recovery report and it moving forward. Strata Park is coming together and he is looking forward to seeing its completion. 3. COMMISSIONERS’/BOARD MEMBERS’ COMMENTS Commissioner Zarem thanked Director Hopkins and Assistant Director Quilantan for the open space tour. Commissioner Buddingh apologized for being late. He also stated that they are in need of referees. Commissioner German stated that he was pleased to see fields being used by playing children. ADJOURNMENT At 8:34 p.m., Chair Fernandez adjourned the meeting to the next Regular Meeting on November 16, 2017, at Montevalle Recreation Center, 840 Duncan Ranch Road, Chula Vista, California. ____________________________________ Tiffany Kellbach, Administrative Secretary 2017-09-26 Agenda Packet Page 111 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PARK MASTER PLAN FOR THE 1.9 ACRE P-5 PUBLIC NEIGHBORHOOD PARK, LOCATED IN MILLENIA, AND APPROVING THE PARK NAME, “STRATA PARK” WHEREAS, this 1.9 park site is located in Millenia, formerly known as the Eastern Urban Center, in eastern Chula Vista. The Sectional Planning Area (SPA) plan for the development was adopted by City Council on October 6, 2009, in accordance with Resolution No. 2009-224 and Ordinance No. 3142; and WHEREAS, the park site was offered for dedication to the City on Final Subdivision Map No. 16081 recorded at the San Diego County Recorder’s Office on December 28th, 2015; and WHEREAS, the SPA includes an overall master plan for the system of six parks within the Millenia project, describing their locations, how the park obligations, per Chapter 17.10 of the Chula Vista Municipal Code (CVMC), will be met, overall design concepts and program elements to be included within each park; and WHEREAS, the Millenia project meets its park obligations, as stated in Chapter 17.10 of the CVMC, through a combination of parkland dedication, parkland development improvements and in lieu fees; and WHEREAS, park provisions are documented in detail in the “Agreement Regarding Construction of Parks in a portion of Otay Ranch Eastern Urban Center” (Park Agreement), Resolution No.2009-226, approved on September 15, 2009 by City Council; and WHEREAS, the Millenia parks are to be provided through the “turnkey” method where the developer constructs the park on behalf of the City in lieu of paying park development fees; and WHEREAS, the Park Agreement makes provision for an increased level of park facilities than are typically included in a Chula Vista park and the associated level of park credit given by the City for the parks is increased to reflect the increased level of amenities; and WHEREAS, the Millenia master developer and the landscape consultants, Spurlock Landscape have entered into a two-party agreement for the design of Park P-5; and WHEREAS, the Director of Development Services has determined that the project was adequately covered in the previously adopted Final Second Tier Environmental Impact Report, EIR 07-01, therefore, no additional environmental review is required; and 2017-09-26 Agenda Packet Page 112 WHEREAS, the Parks and Recreation Commission approved the P-5 Park, Park Master Plan and park name, with a number of recommendations to be considered during the preparation of the construction drawings, at its meeting on September 5th, 2017. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby approves the Park Master Plan for the 1.9 acre P-5 public neighborhood park, located in Millenia, and the name, “Strata Park.” Presented by:Approved as to form by: Kelly Broughton Glen R. Googins Development Services Director City Attorney 2017-09-26 Agenda Packet Page 113 City of Chula Vista Staff Report File#:17-0370, Item#: 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2016/2017 BUDGET TO ADJUST FOR VARIANCES, AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY As part of the fiscal year 2017 year-end process, staff has reviewed budget to actual reports to identify potential budget overages at either the category or fund level. Various budget changes are needed to align the budget with year-end actuals. ENVIRONMENTAL REVIEW Environmental Notice The Development Services Director has reviewed the proposed activity, appropriating funds per settlement terms, for compliance with the California Environmental Quality Act (CEQA) and has determined that this activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in 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. Environmental Determination The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION As part of the fiscal year 2017 year-end process, staff has reviewed budget to actual reports to identify potential budget overages at either the category or fund level. Various budget changes are needed to align the budget with year-end actuals. For government entities, a budget creates a legal framework for spending during the fiscal year. After the budget is approved circumstances arise that may require adjustments to the approved budget. The Council Policy 220-02 “Financial Reporting and Transfer Authority,” which was established in 1996, permits budget transfers to be completed. Transfers that exceed $15,000 require Council approval. The Council may amend the budget at any meeting after the adoption of the budget with a 4/5ths vote. Staff is seeking approval for recommended adjustments in the General Fund and various other funds to align budget with year-end actual expenditures where the actuals have City of Chula Vista Printed on 9/21/2017Page 1 of 5 powered by Legistar™2017-09-26 Agenda Packet Page 114 File#:17-0370, Item#: 5. various other funds to align budget with year-end actual expenditures where the actuals have exceeded budget. A report on the full results of Fiscal Year 2016-17, including audited actual revenue and expenditures, will be provided following the completion of the annual audit and with the presentation of the Comprehensive Annual Financial Report. Fiscal Year 2016-17 Budget Amendments Staff is recommending various adjustments, appropriations, and transfers to City Departmental and Fund budgets that require Council authorization. In the General Fund, some of the transfers are between expense categories within the same Department and some transfers are between Departments. There are also proposed budget adjustments reflecting increased revenue where needed to address unanticipated expenditure category overages and ensure correct accurate year-end reporting. The recommended budget adjustments are discussed below. General Fund Adjustments: There is no net cost to the General Fund as a result of the proposed budget adjustments presented here. Seven of the eighteen General Fund Departments require year-end budgetary adjustments. Three of the seven Departments require transfers between expenditure categories but are otherwise within budget overall. The remaining four require offsetting revenue adjustments to balance. The circumstances surrounding these four Departments budget are discussed in this section. The Police Department budget experienced higher than anticipated personnel costs due to near full employment and overtime costs. These additional costs, however, are lower than were anticipated. At June 30, the Police Department personnel category budget was over budget by $423,000. Compared to the projection earlier in the fiscal year, this overage is $1.2 million less than the second quarter estimate and is on target with the revised projection that was presented after the third quarter. The Department was able to take corrective action through operational efficiencies and monitoring of overtime to arrest the rapid expenditure growth in this category. The Department also had unanticipated expenditures in the Supplies and Services category that contributed to the overall expenditure overage for the department. The Department has savings in other expenditure categories as well as offsetting revenues of $140,000, primarily in the area of vehicle impound processing fees, which partially offset the additional impact to the General Fund. Non-Departmental revenue in the amount of $326,000 makes up the offsetting difference. City of Chula Vista Printed on 9/21/2017Page 2 of 5 powered by Legistar™2017-09-26 Agenda Packet Page 115 File#:17-0370, Item#: 5. The Fire Department also exceeded its budget in the personnel category. The $478,000 increase in costs was also anticipated in the third quarter financial report to the City Council and reflects higher overtime expenditures and the anticipated labor negotiation agreement. Due to budget surplus in three other expenditure categories, the Department overall expenditure deficit is minimized to just under $100,000, and with offsetting additional Department revenues there is no net cost to the General Fund. Most of the additional budget proposed change in the Personnel and Supplies and Services categories within the Non-Departmental Department are related to the City’s response to 2017 winter storms totaled $1.3 million. The City expects offsetting revenue equal to its expenditures from the Federal Emergency Management Agency (FEMA) and the State of California Office of Emergency Services (Cal-OES). In addition to the winter storms response, there were unanticipated personnel costs, increases in the litigation related attorney services, and ongoing costs associated with implementation of the City’s Munis© financial reporting operating system. These costs are covered by offsetting revenue. Staff recommends the transfer of $1.5 million to the Workers Compensation Fund in order to shore up its reserves and to address ongoing claims and future claims. There is also an additional $95,000 Transfer-Out to the Chula Vista Elite Athlete Training Center Fund (409) to cover unanticipated one-time additional expenditures. The expenditure appropriations in the Police and Non-Departmental budgets are offset by the following revenues: ·$1.36 million refund from the San Diego Pooled Insurance Program Authority (SANDPIPA), ·Miscellaneous closing balances from several maturing debt service funds ($34,250), and ·A $3.2 million settlement related the Corp Yard (Maxwell Road). Other Fund Adjustments: City of Chula Vista Printed on 9/21/2017Page 3 of 5 powered by Legistar™2017-09-26 Agenda Packet Page 116 File#:17-0370, Item#: 5. Adjustments to all other funds consist primarily of technical corrections, fund close-outs and minor inter-category budget shifts within the same fund. The few noteworthy exceptions are in the Public Liability Trust (PLT) Fund (341), the Sewer Fund (414), the previously discussed Workers Compensation Fund (398), and the 2016 Tax Allocation Refunding Bonds (2016 TARBS) Fund (666). As anticipated in the previous Quarterly Financial Report (May 9, 2017) the PLT Fund requires an additional appropriation to cover increased litigation costs and settlement expenses. There is corresponding reimbursement revenue that offsets the settlement expenses. In addition, the PLT is the recipient of a Sewer Fund transfer to reimburse costs incurred on behalf of the sewer fund. The Sewer Fund (414) Transfer-Out to the PLT Fund (398) is offset by additional sewer service revenues above that which were budgeted. The 2016 TARBS Fund (666) was a new fund in Fiscal Year 2016-17. The original budget estimates neglected to include the accrual amount for the interest expense. The proposed budget adjustment of $292,000 is a technical correction to offset this oversight and will be offset by available fund balance. City of Chula Vista Printed on 9/21/2017Page 4 of 5 powered by Legistar™2017-09-26 Agenda Packet Page 117 File#:17-0370, Item#: 5. 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 Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City of Chula Vista 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. This action supports the Operational Excellence goal by communicating the City’s projected financial position for the fiscal year ending June 2017, in an open and transparent manner. Efforts at transparency in financial reporting support City Initiative 1.3.1. - “Foster public trust through an open and ethical government.” CURRENT YEAR FISCAL IMPACT Approval of the resolution amending the fiscal year 2016-17 budget will result in the following impacts: General Fund - There are no net impact to the General Fund because the recommended adjustment to the fund is either revenue offset or neutral as a result of expenditure or revenue transfers with the expenditure categories. Other Funds - All of the funds with budget adjustments result in positive or neutral impacts to the funds, with the exceptions being the funds which are closed. ONGOING FISCAL IMPACT Staff will review the impacted budgets to identify potential ongoing impacts and may recommend changes during fiscal year 2017/18. ATTACHMENTS Implementing Resolution Staff Contact: David Bilby, Finance Department City of Chula Vista Printed on 9/21/2017Page 5 of 5 powered by Legistar™2017-09-26 Agenda Packet Page 118 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2016/17 BUDGET TO ADJUST FOR VARIANCES AND APPROPRIATING FUNDS THEREFOR WHEREAS,the City Charter states that at any meeting after the adoption of the budget, the City Council may amend or supplement the budget by a motion adopted by the affirmative votes of at least four members; and WHEREAS, staff has completed a year-end review and is recommending a number of budget amendments in order to address unanticipated budget overages; and WHEREAS, various transfers between revenue and expense categories are recommended in order to address unanticipated budget overages and ensure correct accurate year-end reporting; and WHEREAS, staff is recommending various appropriations and/or transfers between expenditure categories within General Fund Departments to mitigate overages within expenditure categories that result in no net impact as the recommended adjustments to this fund are either revenue offset or neutral as a result of expenditure or revenue transfers within expenditure categories; and WHEREAS, the adjustments in the General Fund also include a transfer to the Workers Compensation Fund of $1,500,000 and a transfer to the Chula Vista Elite Athlete Training Center Fund of $95,000 that results in no net impact to the General Fund and a positive impacts to the recipient funds; and WHEREAS, the Energy Conservation Solar Financing Fund (285), the Trunk Sewer Cap. Reserve Fund (413), and the 2016 TARBS Fund (666), will be negatively impacted due to adjustments that will decrease revenues or additional appropriations that will be made from the available balances of these funds; and 2017-09-26 Agenda Packet Page 119 WHEREAS, the appropriations to the following funds will result in their closure: 2003 Refunding COP (471) 2004 COP Civic Center Ph1 (472) 2006 COP Civic Center Ph2 (473) 2010 COP (474) AD 97-2 (508) AD 96-1 Twin Oaks (515) AD 97-1 Oxford St. (516) AD 2004-1 Dixon Drive (517) AD 2005-1 Tobias Drive (518) RDA 2008 TARBS (654) 05 ERAF (661) 06 ERAF (662) 06 TABS Series A (663) 06 TABS Series B (664) 08 TABS (665) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it does hereby amend the fiscal year 2016/17 budget and approves the following appropriations: Summary of General Fund Appropriations and/or Transfers Budget Amendment Summary - Fourth Quarter Fiscal Year 2016-17 PERSONNEL SUPPLIES & OTHER CIP NON-CIP TRANSFERS TOTAL TOTAL DEPARTMENT/FUND SERVICES SERVICES EXPENSES CAPITAL BUDGET BUDGET Out UTILITIES EXPENSE REVENUE NET COST GENERAL FUND Administration 7,900 - - - - - - - 7,900$ -$ 7,900$ Finance (16,900) - - - - - - (16,900)$ -$ (16,900)$ Non-Departmental 186,506 2,876,176 530,209 (530,209) - - 1,595,000 1,038 4,658,720$ 4,975,920$ (317,200)$ Police 423,300 86,900 - (8,000) - - - (36,000) 466,200$ 140,000$ 326,200$ Fire 478,000 (200,000) - (150,500) - - - (27,600) 99,900$ 99,900$ -$ Public Works (94,200) 35,000 - - - - - 59,200 -$ -$ -$ Library 61,700 1,900 - - - - - (60,300) 3,300$ 3,300$ -$ TOTAL GENERAL FUND 1,046,306$ 2,799,976$530,209$ (688,709)$ -$ -$ 1,595,000$ (63,662)$5,219,120$ 5,219,120$ -$ 2017-09-26 Agenda Packet Page 120 Summary of Appropriations and/or Transfers for Other Funds Presented by Approved as to form by David Bilby Glen R. Googins PERSONNEL SUPPLIES & OTHER CIP NON-CIP TRANSFERS TOTAL TOTAL SERVICES SERVICES EXPENSES CAPITAL BUDGET BUDGET OUT UTILITIES EXPENSE REVENUE NET COST OTHER FUNDS Measure P (201)- 30,000 - (30,000) - - - - -$ -$ Supp Law Enforcement Svc (251)- - - (16,700) - - 16,700 - -$ -$ -$ Police Grants Fund (252)- - - - - - - - -$ 16,700$ (16,700)$ Environmental Services (282)- (57,000) 57,000 - - - - - -$ -$ -$ Energy Conservation Solar Fin.(285) - - - - - - 21,900 - 21,900$ -$ 21,900$ Community Energy Eff Outreach (285) - (92,300) 92,300 - - - -$ -$ -$ RDA Successor Agency Fund (318)- - - - - 14,350 14,350$ 15,100$ (750)$ CDBG - FY 2000 (333)- - - - - -$ 1,000$ (1,000)$ Public Liability Trust (341)- 84,410 1,716,900 - - - - - 1,801,310$1,801,310$-$ Open Space Dist #1 (354)- (1,677) - - - - - 1,887 210$ 210$ -$ Open Space Dist #2 (355)- (250) - - - - - 460 210$ 210$ -$ Open Space Dist #3 (356)- (750) - - - - - 1,850 1,100$ 1,100$ -$ Workers Comp (398)- - - - - - - - -$ 1,500,000$(1,500,000)$ CV Golf Course (406)- 25,000 - - - - - 2,100 27,100$ 27,100$ -$ CV Elite Athlete Training Center (409) - 5,000 36,990 40,990 - - - - 82,980$ 95,000$ (12,020)$ Trunk Sewer Cap. Reserve (413)- - - - - - - - -$ (25,000)$ 25,000$ Sewer (414)- - - - - - 488,044 - 488,044$ 488,044$ -$ Salt Creek Sewer Basin (433)(25,000) (25,000)$ -$ (25,000)$ 2014 Munilease (453)- - 21,900 - - - - - 21,900$ 21,900$ -$ 2003 Refunding COP (471)- - - - - - - - -$ 850$ (850)$ 2004 COP Civic Ctr Ph1 (472)- - - - - - 50 - 50$ -$ 50$ 2006 COP Civic Ctr Ph2 (473)- - - - - - 8,700 - 8,700$ -$ 8,700$ 2010 COP (474)- - - - - - 27,500 - 27,500$ -$ 27,500$ 2016 COP Civic Ctr Ph2 (477)- - - - - - - - -$ 8,700$ (8,700)$ 2010 COP (478)- - - - - - - - -$ 27,500$ (27,500)$ AD 97-2 (508)- - - - - - 6,000 - 6,000$ -$ 6,000$ AD 96-1 Twin Oaks (515)- - - - - - 23,500 - 23,500$ -$ 23,500$ AD 97-1 Oxford St (516)- - - - - - 4,700 - 4,700$ -$ 4,700$ AD 2004-1 Dixon Drive (517)- - - - - - 1,000 - 1,000$ -$ 1,000$ AD 2005-1 Tobias Drive (518)- - - - - - 3,000 - 3,000$ -$ 3,000$ RDA 2008 TARBS (654)- - - - - - 2,000 - 2,000$ -$ 2,000$ 05 ERAF (661)- - - - - - 2,000 - 2,000$ -$ 2,000$ 06 ERAF (662)- - - - - - 2,000 - 2,000$ -$ 2,000$ 06 TABS Series A (663)- - - - - - 6,600 - 6,600$ -$ 6,600$ 06 TABS Series B (664)- - - - - - 2,500 - 2,500$ -$ 2,500$ 08 TABS (665)- - - - - - - - -$ 13,500$ (13,500)$ 2016 TARBS (666)- - 292,000 - - - - - 292,000$ -$ 292,000$ Residential Construct. Tax (717)- - - - - - - - -$ 3,000$ (3,000)$ TOTAL OTHER FUNDS -$ (7,567)$ 2,217,090$(5,710)$ -$ -$ 605,544$6,297$ 2,815,654$3,996,224$(1,180,570)$ DEPARTMENT (FUND) 2017-09-26 Agenda Packet Page 121 Director of Finance/Treasurer City Attorney 2017-09-26 Agenda Packet Page 122 City of Chula Vista Staff Report File#:17-0415, Item#: 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $530,000 FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY AND APPROPRIATING $396,000 TO THE POLICE GRANT FUND FOR THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY The California Office of Traffic Safety has awarded $530,000 to the Police Department for the Selective Traffic Enforcement Program. The goal of this program is to reduce the number of persons killed and injured in traffic crashes involving alcohol and other primary collisions factors. ENVIRONMENTAL REVIEW Environmental Notice The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Environmental Determination The Director of Development Services 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 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 required. BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION The California Office of Traffic Safety's (OTS) mission is to effectively and efficiently administer traffic safety grant funds to reduce traffic deaths, injuries, and economic losses. The Police Department has been awarded various OTS grants, including the Serious Traffic Offenders Program (STOP), Comprehensive Traffic Safety Program, DUI Enforcement Program, and Selective Traffic Enforcement Program (STEP), which have enhanced the Traffic Unit by funding new positions, traffic enforcement operations and supplies/equipment used during traffic enforcement operations. The Police Department has received funding from the California Office of Traffic Safety for the Selective Traffic Enforcement Program. Throughout the one-year grant period (10/1/2017 to 9/30/2018), traffic enforcement operations will be conducted on an overtime basis. Grant-funded City of Chula Vista Printed on 9/21/2017Page 1 of 2 powered by Legistar™2017-09-26 Agenda Packet Page 123 File#:17-0415, Item#: 6. 9/30/2018), traffic enforcement operations will be conducted on an overtime basis. Grant-funded operations include DUI/driver license checkpoints and DUI saturation patrols to reduce the number of persons killed or injured in alcohol-involved collisions. Warrant service operations will target multiple DUI offenders who fail to appear in court. Distracted driving operations will focus on drivers using hand-held cell phones and texting. Other traffic enforcement operations include primary collision factor violations, motorcycle safety enforcement operations and bicycle and pedestrian enforcement operations. Additionally, traffic safety educational presentations will be conducted throughout the grant period, with a goal to reach out to community members, on the topics of distracted driving, DUI, speed, bicycle and pedestrian safety, seatbelts and child passenger safety. Funds provided by this grant will also be utilized for training and the purchase of checkpoint supplies used during the traffic operations. DECISION-MAKER CONFLICT Staff has determined that the action contemplated by this item is ministerial, secretarial, manual, or clerical in nature and, as such, does not require the City Council members to make or participate in making a governmental decision, pursuant to California Code of Regulations Title 2, section 18704(d) (1). Consequently, this item does not present a conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). 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 proactively addressing traffic safety in the city, with the goal of reducing deaths and injuries in traffic related collisions. CURRENT YEAR FISCAL IMPACT Approval of this resolution will result in the acceptance of $530,000 of grant funding from the California Office of Traffic Safety. Since the grant period crosses between two fiscal years, $396,000 will be appropriated to the fiscal year 2017/2018 budget of the Police Grant Fund and $134,000 will be included in the proposed fiscal year 2018/2019 budget based on anticipated operational needs. The funding from the California Office of Traffic Safety will completely offset the costs of the Selective Traffic Enforcement Program, resulting in no net fiscal impact. ONGOING FISCAL IMPACT There is no ongoing fiscal impact for accepting these grant funds. ATTACHMENTS None. Staff Contact: Maritza Vargas, Police Department City of Chula Vista Printed on 9/21/2017Page 2 of 2 powered by Legistar™2017-09-26 Agenda Packet Page 124 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $530,000 FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY AND APPROPRIATING $396,000 TO THE POLICE GRANT FUND FOR THE SELECTIVE TRAFFIC ENFORCMENT PROGRAM WHEREAS, the Police Department has been awarded $530,000 grant funding from the California Office of Traffic Safety for the Selective Traffic Enforcement Program; and WHEREAS, the goal of the Selective Traffic Enforcement Program is to reduce the number of persons killed or injured in traffic crashes involving alcohol and other primary collision factors; and WHEREAS, throughout the one-year grant period of October 1, 2017 to September 30, 2018, DUI/driver license checkpoints, DUI saturation patrols, warrant service operations, distracted driving operations, motorcycle safety operations, bicycle/pedestrian operations and other traffic enforcement operations will be conducted on an overtime basis; and WHEREAS, funds provided by this grant will also be used for training and the purchase of checkpoint supplies used during the traffic operations; and WHEREAS, the grant funds provided by the California Office of Traffic Safety will completely offset the total costs of this program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it accepts $530,000 from the California Office of Traffic Safety and appropriates $396,000 to the Police Grant Fund for the Selective Traffic Enforcement Program. Presented by Approved as to form by Roxana Kennedy Glen R. Googins Police Chief City Attorney 2017-09-26 Agenda Packet Page 125 City of Chula Vista Staff Report File#:17-0256, Item#: 7. CONSIDERATION OF APPROVING AN ENERGY SERVICE CONTRACT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN ENERGY SERVICE CONTRACT WITH JOHNSON CONTROLS, INC. RECOMMENDED ACTION Council adopt the resolution. SUMMARY Internal Revenue Code Section 54C provides for issuance by local governments of Clean Renewable Energy Bonds (or “CREBs”) to finance energy efficiency projects at subsidized interest rates. On July 10, 2017, the City entered into a project development agreement with JCI for the Energy Conservation Performance Contract in order to develop the necessary calculations for a CREBS application submittal. On August 3, 2017, the City received approval letters from the IRS for thirteen separate CREBS eligible projects totaling $17,774,627. The contract attached for your consideration would authorize JCI to design and install a total of 2.437 MegaWatts of solar panels at 12 City facilities and 120 kW of battery storage at 2 City facilities at a not to exceed cost of $13,454,759 ENVIRONMENTAL REVIEW Environmental Notice The Project qualifies for a Class 3 Categorical Exemption pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act State Guidelines. Environmental Determination The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 3 Categorical Exemption pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the State CEQA Guidelines. Thus, no further environmental review is required. BOARD/COMMISSION RECOMMENDATION N/A DISCUSSION The CREBs program provides a mechanism for the City to obtain a federally subsidized interest rate for debt issued to fund City projects that reduce energy use and the associated greenhouse gas emissions. The staff has identified a number of sites throughout the City that could benefit from the installation of solar photovoltaic panels, which are one of the permitted projects that may be financed City of Chula Vista Printed on 9/21/2017Page 1 of 3 powered by Legistar™2017-09-26 Agenda Packet Page 126 File#:17-0256, Item#: 7. installation of solar photovoltaic panels, which are one of the permitted projects that may be financed with CREBs. Possible sites include City’s Civic Center, Police Station, Montevalle Recreation Center, Loma Verde Aquatic Center, Parkway Aquatic Center & Gymnasium, Main Civic Center Library, Boys & Girls Club, Public Works Facility, Mount San Miguel Park, Animal Care Facility, Salt Creek Recreation Center, and the South Chula Vista Library. The federal government requires a comprehensive application be submitted for an allocation to issue CREBs. Staff solicited proposals from two consulting firms that specialize in energy efficiency projects eligible for CREBS consideration. The application also requires input from an underwriter (Brandis Tallman), bond counsel (Stradling Yocca Carlson & Rauth), and financial advisor (Harrell & Associates). The “Financing Team” completed the CREBS application in late July 2017 and received a response from the IRS accepting all 13 projects submitted on August 3, 2017. After additional analysis it was determined that one of the projects, the Elite Athlete Training Center, was not financially feasible and was therefore removed from consideration. A CREBs allocation does not guarantee that a bond issuance will occur. The projected energy savings that will be generated from the energy retrofits for each individual facility must exceed the financing costs in order for an individual project to be deemed economically feasible. The City’s financial advisor has put together preliminary savings numbers in Attachment 3 assuming interest rates stay fairly steady over the next several months. Staff will return to the City Council for authorization of CREBS bonds in the near future. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(11), for purposes of the Political Reform Act (Cal. Gov’t Code §87100,et seq.). 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. This item initiates the process to utilize renewable energy solutions at multiple sites throughout the City. This utilization achieves both the Operational Excellence and Economic Vitality goals by creating energy systems that are conservation-minded and more fiscally efficient than the components they will replace. CURRENT YEAR FISCAL IMPACT There is no current year fiscal impact as a result of this contract approval. An item will be brought forward to Council in the near future that will authorize the issuance of bonds that will pay for all costs related to this project. City of Chula Vista Printed on 9/21/2017Page 2 of 3 powered by Legistar™2017-09-26 Agenda Packet Page 127 File#:17-0256, Item#: 7. ONGOING FISCAL IMPACT Assuming interest rates stay fairly steady until bond issuance, the annual savings to the City is projected at $100,00 to $280,000 over the next 25 years. After 25 years the annual savings will jump to over $1.5 million after the bonds are paid off. ATTACHMENTS Attachment 1 - Performance Contract, JCI Attachment 2 - Savings Projections Staff Contact: David Bilby, MSBA, CPFO, Director of Finance/Treasurer City of Chula Vista Printed on 9/21/2017Page 3 of 3 powered by Legistar™2017-09-26 Agenda Packet Page 128 PERFORMANCE CONTRACT This Performance Contract (this “Agreement”) is made the 26th day of September 2017 between: PARTIES JOHNSON CONTROLS, INC. (“JCI”), a Wisconsin corporation 9630 Ridgehaven Court, Suite A San Diego, CA 92123 and City of Chula Vista (“Customer” or “City”), a California chartered municipal corporation 276 4th Avenue Chula Vista, CA 91910 RECITALS WHEREAS, on September 26, 2017, the City of Chula Vista at a regularly scheduled City Council meeting, held a Public Hearing to discuss entering into an Energy Services Performance Contract pursuant to California Public Resource Code 25008 and California Government Code Chapter 3.2. Energy Conservation Contracts, Section 4217.10-4217.18; and WHEREAS, on July 10, 2017, the City of Chula Vista retained JCI with the Project Development Agreement for the Energy Services Performance Contract; and WHEREAS, the City of Chula Vista is authorized and empowered pursuant to California Government Code Section 4217.10-4217.18 to retain JCI, and the Customer has complied with all requirements of said laws; and WHEREAS, Customer desires to retain JCI to perform the work specified in Schedule 1 (Scope of Work) hereto (the “Work”) relating to the installation of the improvement measures (the “Improvement Measures”) described therein; and WHEREAS, Customer selected JCI to perform the Work after determining JCI’s proposal was the most advantageous to Customer in accordance with all applicable procurement and other Laws. WHEREAS, on September 26, 2017 Customer held a regularly scheduled City Council meeting with a Public Hearing to discuss entering into this Agreement and the City Council made the following findings: (1) that the anticipated cost to the Customer for electrical energy and conservation services provided by the energy conservation facility under this Agreement will be less than the anticipated cost to the Customer of electrical energy that would have been consumed by the Customer in the absence of those purchases; and (2) the funds for the repayment of the financing cost of design, construction and operation of the energy conservation facilities are projected to be available from revenues resulting from funding that otherwise would have been used for the purchase of electrical energy required by the City of Chula Vista in the absence of the energy conservation facilities. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties agree as follows: 2017-09-26 Agenda Packet Page 129 AGREEMENT 1. SCOPE OF THE AGREEMENT. JCI shall perform the Work set forth in Schedule 1. After the Work is Substantially Complete (as defined below) and the Certificate of Substantial Completion is executed by Customer and JCI, JCI shall provide the assured performance guarantee (the “Assured Performance Guarantee”) and the measurement and verification services (the “M&V Services”) set forth in Schedule 2 (Assured Performance Guarantee). Customer shall make payments to JCI for the Work and the M&V Services in accordance with Schedule 4 (Price and Payment Terms). 2. AGREEMENT DOCUMENTS: In addition to the terms and conditions of this Agreement, the following Schedules are incorporated into and shall be deemed an integral part of this Agreement: Schedule 1 – Scope of Work Schedule 2 – Assured Performance Guarantee Schedule 3 – Customer Responsibilities Schedule 4 – Price and Payment Terms Attachment 1 – Notice To Proceed Attachment 2 – Change Order Attachment 3 – Certificate of Substantial Completion, Certificate of Final Completion Attachment 4 – M&V Services Agreement Attachment 5 – Insurance Addendum 2a. NOTICES TO PROCEED: SUBSTANTIAL COMPLETION; M&V SERVICES. This Agreement shall become effective on the date of the last signature on the signature page below. JCI shall commence performance of the Work within ten (10) business days of receipt of Customer’s Notice to Proceed, a form of which is attached hereto as Attachment 1, unless Customer provides the Notice to Proceed after February 1, 2018. In the event that Customer fails to execute and deliver the Notice to Proceed to JCI by February 1, 2018, (a) Customer shall give JCI notice as to when, Customer intends to execute the Notice to Proceed, (b) based on Customer’s anticipated Notice to Proceed date, JCI will advise Customer as to any cost increases as a result of such delay, and (c) provided that Customer does not otherwise terminate the Agreement or alter the scope of Work as set forth below, JCI may adjust its pricing based on any changes in pricing by JCI’s subcontractors or suppliers. In the event of price increases (as set forth in the previous sentences) or a failure by Customer to obtain the financing required by California Government Code Sections 4710 et seq., Customer may either decline to execute the Notice to Proceed, or work with JCI to establish an amended scope of W ork. In the event that Customer declines to execute the Initial Notice to Proceed, the Project Development Agreement will remain in force and effect, and $45,200 shall be due and payable to JCI. Upon Customer's acceptance in writing of the final project designs, JCI shall develop and submit to Customer for Customer's approval a project completion schedule, which will include a Substantial Completion deadline mutually acceptable to both Customer and JCI. For purposes of this Agreement, “Substantial Completion” means that JCI has provided sufficient materials and services to permit Customer to operate the Improvement Measures on a site-by-site basis. The M&V Services shall commence on the first day of the month following the month in which Customer executes a Certificate of Substantial Completion and shall continue throughout the M&V Term, subject to earlier termination of the Assured Performance Guarantee as provided herein. Customer acknowledges and agrees that if, for any reason, it (i) cancels or terminates receipt of M&V Services, (ii) fails to pay for M&V Services in accordance with Schedule 4, (iii) fails to fulfill any of Customer’s responsibilities necessary to enable JCI to complete the Work and provide the M&V Services, or (iv) otherwise cancels, terminates or materially breaches this Agreement, the Assured Performance Guarantee shall automatically terminate and JCI shall have no liability thereunder. 2017-09-26 Agenda Packet Page 130 3. DELAYS AND IMPACTS. If JCI is delayed in the commencement, performance, or completion of the Work and/or M&V Services by causes beyond its control and without its fault, including but not limited to inability to access property; concealed or unknown conditions encountered at the project, differing from the conditions represented by Customer in the bid documents or otherwise disclosed by Customer to JCI prior to the commencement of the Work; a Force Majeure (as defined below) condition; failure by Customer to perform its obligations under this Agreement; or failure by Customer to cooperate with JCI in the timely completion of the Work, JCI shall provide written notice to Customer of the existence, extent of, and reason for such delays and impacts. Under such circumstances, an equitable adjustment in the time for performance, price and payment terms, and the Assured Performance Guarantee shall be made. 4. ACCESS. Customer shall provide JCI, its subcontractors, and its agents reasonable and safe access to all facilities and properties in Customer’s control that are subject to the Work and M&V Services. Customer further agrees to assist JCI, its subcontractors, and its agents to gain access to facilities and properties that are not controlled by Customer but are necessary for JCI to complete the Work and provide the M&V Services. An equitable adjustment in the time for performance, price and payment terms, and Assured Performance Guarantee shall be made as a result of any failure to grant such access. 5. PERMITS, TAXES, AND FEES. Unless otherwise specified in Schedule 3 (Customer Responsibilities), JCI shall be responsible for obtaining all building permits required for it to perform the Work. Unless otherwise specified in Schedule 1 (Scope of Work), Customer shall be responsible for obtaining all other permits, licenses, approvals, permissions and certifications, including but not limited to, all zoning and land use changes or exceptions required for the provision of the Work or the ownership and use of the Improvement Measures. JCI shall not be obligated to provide any changes to or improvement of the facilities or any portion thereof required under any applicable building, fire, safety, sprinkler or other applicable code, standard, law, regulation, ordinance or other requirement unless the same expressly regulates the installation of the Improvement Measures. Without limiting the foregoing, JCI’s obligations with respect to the Work is not intended to encompass any changes or improvements that relate to any compliance matters (whether known or unknown) that are not directly related to the installation of the Improvement Measures or which have been imposed or enforced because of the occasion or opportunity of review by any governmental authority. Customer shall be responsible for and shall pay when due all assessments, charges and sales, use, property, excise, or other taxes now or hereafter imposed by any governmental body or agency upon the provision of the Work or the M&V Services, implementation or presence of the Improvement Measures, the use of the Improvement Measures or payments due to JCI under this Agreement, other than taxes upon the net income of JCI. Customer shall also be responsible for real or personal property taxes relating to equipment or material included in the Improvement Measures. Any fees, taxes, or other lawful charges paid by JCI on account of Customer shall become immediately due from Customer to JCI. 6. WARRANTY. JCI will perform the Work in a professional, workman-like manner, in accordance with the industry standard of care. JCI will promptly re-perform any non-conforming Work for no charge, as long as Customer provides written notice to JCI within one (1) year following Substantial Completion or such other period identified in Schedule 1. If JCI installs or furnishes goods or equipment under this Agreement, and such goods or equipment are covered by an end-user warranty from their manufacturer, JCI will transfer the benefits of such warranty to Customer. The foregoing remedy with respect to the Work, together with any remedy provided by goods or equipment manufacturers, shall be Customer’s sole and exclusive remedies for warranty claims. Customer agrees that the one (1) year period following Substantial Completion, or such other period identified in Schedule 1, shall be a reasonable time for purposes of submitting valid warranty claims with respect to the Work. These exclusive remedies shall not have failed of their essential purpose so long as JCI transfers the benefits of any goods or equipment end-user warranty to Customer and remains willing to re-perform any non- conforming Work for no charge within the one (1) year period described above or such other period identified in Schedule 1. NO OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING IMPLIED 2017-09-26 Agenda Packet Page 131 WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE PROVIDED BY JCI. This warranty does not extend to any Work that has been abused, altered, or misused, or repaired by Customer or third parties without the supervision or prior written approval of JCI. Except with respect to goods or equipment manufactured by JCI and furnished to Customer hereunder, for which JCI shall provide its express written manufacturer’s warranty, JCI shall not be considered a merchant or vendor of goods or equipment. 7. CLEANUP. JCI shall keep the premises and the surrounding area free from accumulation of waste materials or rubbish caused by the Work and, upon completion of the Work, JCI shall remove all waste materials, rubbish, tools, construction equipment, machinery, and surplus materials. 8. SAFETY; COMPLIANCE WITH LAWS. JCI shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Work and M&V Services. Each of JCI and Customer shall comply with all applicable laws, ordinances, rules, regulations, and lawful orders of public authorities (collectively, “Laws”) in connection with its performance hereunder. 9. ASBESTOS-CONTAINING MATERIALS AND OTHER HAZARDOUS MATERIALS. Asbestos-Containing Materials: Neither party desires to or is licensed to undertake direct obligations relating to the identification, abatement, cleanup, control, removal or disposal of asbestos-containing materials (“ACM”). Consistent with applicable Laws, Customer shall supply JCI with any information in its possession relating to the presence of ACM in areas where JCI undertakes any Work or M&V Services that may result in the disturbance of ACM. It is JCI’s policy to seek certification for facilities constructed prior to 1982 that no ACM is present, and Customer shall provide such certification for buildings it owns, or aid JCI in obtaining such certification from facility owners in the case of buildings that Customer does not own, if JCI will undertake Work or M&V Services in the facility that could disturb ACM. If either Customer or JCI becomes aware of or suspects the presence of ACM that may be disturbed by JCI’s Work or M&V Services, it shall promptly stop the Work or M&V Services in the affected area and notify the other. As between Customer and JCI, Customer shall be responsible at its sole expense for addressing the potential for or the presence of ACM in conformance with all applicable Laws and addressing the impact of its disturbance before JCI continues with its Work or M&V Services, unless JCI had actual knowledge that ACM was present and acted with intentional disregard of that knowledge, in which case (i) JCI shall be responsible at is sole expense for (a) remediating areas impacted by the disturbance of the ACM, (b) having procured and maintained the insurance coverage identified in on page 1., section 7., of the Insurance Addendum attached to this Agreement as Attachment 5; and (ii) Customer shall resume its responsibilities for the ACM after JCI’s remediation has been completed. Other Hazardous Materials: JCI shall be responsible for removing or disposing of any Hazardous Materials (as defined below) that it uses in providing Work or M&V Services (“JCI Hazardous Materials”) and for the remediation of any areas impacted by the release of JCI Hazardous Materials. For other Hazardous Materials that may be otherwise present at Customer’s facilities (“Non-JCI Hazardous Materials”), Customer shall supply JCI with any information in its possession relating to the presence of such materials if their presence may affect JCI’s performance of the Work or M&V Services. If either Customer or JCI becomes aware of or suspects the presence of Non-JCI Hazardous Materials that may interfere with JCI’s Work or M&V Services, it shall promptly stop the Work or M&V Services in the affected area and notify the other. As between Customer and JCI, Customer shall be responsible at its sole expense for removing and disposing of Non-JCI Hazardous Materials from its facilities and the remediation of any areas impacted by the release of Non-JCI Hazardous Materials, unless JCI had actual knowledge that Non-JCI Hazardous Materials were present and acted with intentional disregard of that knowledge, in which case (i) JCI shall be responsible at its sole expense for (a) remediating any areas impacted by its release of such Non-JCI Hazardous Materials and (b) having procured and maintained the insurance coverage identified in on page 1., section 7., of the Insurance Addendum 2017-09-26 Agenda Packet Page 132 attached to this Agreement as Attachment 5; and (ii) Customer shall remain responsible at its sole expense for the removal of Non-JCI Hazardous Materials that have not been released and for releases not resulting from JCI’s performance of the Work or M&V Services. For purposes of this Agreement, “Hazardous Materials” means any material or substance that, whether by its nature or use, is now or hereafter defined or regulated as a hazardous waste, hazardous substance, pollutant or contaminant under applicable Law relating to or addressing public or employee health and safety and protection of the environment, or which is toxic, explosive, corrosive, flammable, radioactive, carcinogenic, mutagenic or otherwise hazardous or which is or contains petroleum, gasoline, diesel, fuel, another petroleum hydrocarbon product, or polychlorinated biphenyls. “Hazardous Materials” specifically includes mold and lead-based paint and specifically excludes ACM. JCI shall have no obligations relating to the identification, abatement, cleanup, control, removal, or disposal of mold, regardless of the cause of the mold. 10. CHANGE ORDERS. The parties, without invalidating this Agreement, may request changes in the Work to be performed under this Agreement, consisting of additions, deletions, or other revisions to the Work (“Change Orders”). The price and payment terms, time for performance and, if necessary, the Assured Performance Guarantee, shall be equitably adjusted in accordance with the Change Order. Such adjustments shall be determined by mutual agreement of the parties. Customer and JCI shall explore and consider value engineering options when evaluating change orders involving additional costs. JCI may delay performance until adjustments arising out of the Change Order are clarified and agreed upon in writing. Any Change Order must be signed by an authorized representative of each party. The Authorized Representative for the Customer, shall be the Director of Finance/Treasure, who will have the authority to approve any Change Order below $25,000. Any Change Order, resulting in an amount over $25,000, shall be valid only on the approval of the City Council. If concealed or unknown conditions are encountered at the project, differing from the conditions represented by Customer in the bid documents or otherwise disclosed by Customer to JCI prior to the commencement of the Work, price and payment terms, time for performance and, if necessary, the Assured Performance Guarantee, shall be equitably adjusted. Claims for equitable adjustment may be asserted in writing within a reasonable time from the date a party becomes aware of a change to the Work by written notification. Failure to promptly assert a request for equitable adjustment, however, shall not constitute a waiver of any rights to seek any equitable adjustment with respect to such change. 11. CUSTOMER FINANCING; TREATMENT; TAXES. The parties acknowledge and agree that JCI is not making any representation or warranty to Customer with respect to matters not expressly addressed in this Agreement, including, but not limited to: (a) Customer’s ability to obtain or make payments on any financing associated with paying for the Improvement Measures, related services, or otherwise; (b) Customer’s proper legal, tax, accounting, or credit rating agency treatment relating to this Agreement; and (c) the necessity of Customer to raise taxes or seek additional funding for any purpose. Customer is solely responsible for its obligations and determinations with respect to the foregoing matters. In addition, the parties acknowledge and agree that Customer shall be responsible to comply, at its cost and expense, with all Laws that may be applicable to it relating to performance contracting, including, without limitation, any requirements relating to the procurement of goods and/or services and any legal, accounting, or engineering opinions or reviews required or obtained in connection with this Agreement. 12. INSURANCE. JCI shall maintain insurance as required by Attachment 5, and shall provide a certificate evidencing such coverage promptly following Customer’s request therefor. 2017-09-26 Agenda Packet Page 133 13. INDEMNIFICATION. To the maximum extent allowed by law, JCI shall defend, indemnify, protect and hold harmless Customer, its elected and appointed officers, agents and employees, from and against any and all claims, demands, causes of action, costs, expenses, including reasonable attorneys’ 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 JCI, its officials, officers, employees, agents, or contractors, arising out of or in connection with this Agreement or JCI’s performance pursuant to this Agreement. This indemnity provision does not include any claims, damages, liability, costs, or expenses arising from the sole negligence or sole willful misconduct of Customer, or 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 Customer, its agents, officers, or employees, which may be in combination with the active or passive negligent acts or omissions of JCI, its employees, agents, or officers, or any third party. 14. LIMITATION OF LIABILITY. NEITHER JCI NOR CUSTOMER WILL BE RESPONSIBLE TO THE OTHER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, REMOTE, PUNITIVE, EXEMPLARY, LOSS OF PROFITS OR REVENUE, LOSS OF USE, OR SIMILAR DAMAGES, REGARDLESS OF HOW CHARACTERIZED AND REGARDLESS OF A PARTY HAVING BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSSES OR RELIEF, ARISING IN ANY MANNER FROM THIS AGREEMENT, THE WORK, THE IMPROVEMENT MEASURES, THE PREMISES, THE M&V SERVICES, OR OTHERWISE. WITHOUT LIMITING JCI’S EXPRESS OBLIGATIONS UNDER THE ASSURED PERFORMANCE GUARANTEE, JCI’S LIABILITY UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, SHALL IN NO EVENT EXCEED $25,000,000.00 (TWENTY-FIVE MILLION DOLLARS). If this Agreement covers fire safety or security equipment, Customer understands that JCI is not an insurer regarding those services, and that JCI shall not be responsible for any damage or loss that may result from fire safety or security equipment that fails to prevent a casualty loss. The foregoing waivers and limitations are fundamental elements of the basis for this Agreement between JCI and Customer, and each party acknowledges that JCI would not be able to provide the work and services contemplated by this Agreement on an economic basis in the absence of such waivers and limitations, and would not have entered into this Agreement without such waivers and limitations. 15. FORCE MAJEURE. Neither party will be responsible to the other for damages, loss, injury, or delay caused by conditions that are beyond the reasonable control, and without the intentional misconduct or negligence of that party. Such conditions (each, a “Force Majeure”) include, but are not limited to: acts of God; acts of government agencies; strikes; labor disputes; fires; explosions or other casualties; thefts; vandalism; riots or war; acts of terrorism; electrical power outages; interruptions or degradations in telecommunications, computer, or electronic communications systems; changes in Laws; or unavailability of parts, materials or supplies matters related to environmental review including CEQA Certification, CEQA challenges and litigation related to environmental review/CEQA. 16. JCI'S PROPERTY. All materials furnished or used by JCI personnel and/or JCI subcontractors or agents at the installation site, including documentation, schematics, test equipment, software and associated media remain the exclusive property of JCI or such other third party. Customer agrees not 2017-09-26 Agenda Packet Page 134 to use such materials for any purpose at any time without the express authorization of JCI. Customer agrees to allow JCI personnel and/or JCI subcontractors or agents to retrieve and to remove all such materials remaining after installation or maintenance operations have been completed. Customer acknowledges that any software furnished in connection with the Work and/or M&V Services is proprietary and subject to the provisions of any software license agreement associated with such software. Notwithstanding the aforementioned, the Customer shall have full use of the Plans, Specification and/or As-Built Drawings for future planning, maintenance activities, clarifications or any other uses in its day to day operational activities. 17. DISPUTES. JCI and Customer will attempt to settle any controversy, dispute, difference, or claim between them concerning the performance, enforcement, or interpretation of this Agreement (collectively, “Dispute”) through direct discussion in good faith, but if unsuccessful, will submit any Dispute to non-binding mediation in the nearest major metropolitan area of the state where the project is performed. If the parties are unable to agree on a mediator or a date for mediation, either party may request JAMS, Inc. to appoint a mediator and designate the time and procedure for mediation. Such mediator shall be knowledgeable, to each party’s reasonable satisfaction, with respect to matters concerning construction law. Neither JCI nor Customer will file a lawsuit against the other until not less than sixty (60) days after the mediation referred to herein has occurred, unless one or both parties is genuinely and reasonably concerned that any applicable statute of limitations is on the verge of expiring. 18. GOVERNING LAW. This Agreement and the construction and enforceability thereof shall be interpreted in accordance with the laws of the state where the Work is conducted. 19. CONSENTS; APPROVALS; COOPERATION. Whenever Customer’s consent, approval, satisfaction or determination shall be required or permitted under this Agreement, and this Agreement does not expressly state that Customer may act in its sole discretion, such consent, approval, satisfaction or determination shall not be unreasonably withheld, qualified, conditioned or delayed, whether or not such a “reasonableness” standard is expressly stated in this Agreement. Whenever Customer’s cooperation is required by JCI in order to carry out JCI’s obligations hereunder, Customer agrees that it shall act in good faith and reasonably in so cooperating with JCI and/or JCI’s designated representatives or assignees or subcontractors. Customer shall furnish decisions, information, and approvals required by this Agreement in a timely manner so as not to delay the performance of the Work or M&V Services. 20. FURTHER ASSURANCES. The parties shall execute and deliver all documents and perform all further acts that may be reasonably necessary to effectuate the provisions of this Agreement. 21. INDEPENDENT CONTRACTOR. The relationship of the parties hereunder shall be that of independent contractors. Nothing in this Agreement shall be deemed to create a partnership, joint venture, fiduciary, or similar relationship between the parties. 22. POWER AND AUTHORITY. Each party represents and warrants to the other that (i) it has all requisite power and authority to execute and deliver this Agreement and perform its obligations hereunder, (ii) all corporate, board, body politic, or other approvals necessary for its execution, delivery, and performance of this Agreement have been or will be obtained, and (iii) this Agreement constitutes its legal, valid, and binding obligation. 23. SEVERABILITY. In the event that any clause, provision, or portion of this Agreement or any part thereof shall be declared invalid, void, or unenforceable by any court having jurisdiction, such invalidity shall not affect the validity or enforceability of the remaining portions of this Agreement unless the result would be manifestly inequitable or materially impair the benefits intended to inure to either party under this Agreement. 2017-09-26 Agenda Packet Page 135 24. COMPLETE AGREEMENT. It is understood and agreed that this Agreement contains the entire agreement between the parties relating to all issues involving the subject matter of this Agreement. No binding understandings, statements, promises or inducements contrary to this Agreement exist. This Agreement supersedes and cancels all previous agreements, negotiations, communications, commitments and understandings with respect to the subject matter hereof, whether made orally or in writing. Each of the parties to this Agreement expressly warrants and represents to the other that no promise or agreement which is not herein expressed has been made to the other, and that neither party is relying upon any statement or representation of the other that is not expressly set forth in this Agreement. Each party hereto is relying exclusively on the terms of this Agreement, its own judgment, and the advice of its own legal counsel and/or other advisors in entering into this Agreement. Customer acknowledges and agrees that any purchase order issued by Customer associated with this Agreement is intended only to establish payment authority for Customer’s internal accounting purposes. No purchase order shall be considered a counteroffer, amendment, modification, or other revision to the terms of this Agreement. 25. HEADINGS. The captions and titles in this Agreement are for convenience only and shall not affect the interpretation or meaning of this Agreement. 26. COUNTERPARTS. This Agreement may be executed in any number of counterparts, all of which when taken together shall constitute one single agreement between the parties. 27. NOTICES. All notices or communications related to this Agreement shall be in writing and shall be deemed served if and when sent by facsimile or mailed by certified or registered mail: to Johnson Controls, Inc. at the address listed on the first page of this Agreement, ATTN: Regional Solutions Manager, with a copy to Johnson Controls, Inc., ATTN: General Counsel – Building Efficiency Americas, 507 East Michigan Street, Milwaukee, Wisconsin, 53202: and to Customer at the address listed on the first page of this Agreement, to the attention of: Director of Finance. 28. ADMINISTRATIVE CLAIMS REQUIREMENTS AND PROCEDURES. No suit, arbitration, or mediation, shall be brought arising out of this Agreement against Customer, unless a claim has first been presented in writing and filed with the 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 herein, and such policies and procedures used by City in implementation of same. [SIGNATURES BEGIN ON FOLLOWING PAGE] 2017-09-26 Agenda Packet Page 136 JOHNSON CONTROLS, INC. Signature: Printed Name: Mark Martinez Title: Regional General Manager, Energy Solutions Date: CITY OF CHULA VISTA By: ___________________________________ Mary Casillas Salas, Mayor Attest: _______________________________________ Kerry Bigelow, Acting City Clerk Approved as to form: _______________________________________ Glen R. Googins, City Attorney 2017-09-26 Agenda Packet Page 137 SCHEDULE 1 – SCOPE OF WORK Improvement Measures Scope of Work General Johnson Controls will provide the City of Chula Vista with approximately 2,434 kW (nominal DC rating) of solar PV capacity. The solar PV will be generated through a combination of systems including carports and roof mounted arrays located at 12 sites. Three (3) of the sites will also receive battery Energy Storage Systems (ESS) to further enhance the savings benefits of the project by reducing billed power demand charges. The scope of work is further defined herein. Customer acknowledges that the design of the Scope of Work is still evolving, and that the Assured Performance Guarantee may change and is subject to revisions depending on, but not limited to, the locations of equipment on the sites and/or another site if required for any reason, including the ability of the existing structure to support the arrays, such as solar arrays, energy storage systems, and point of interconnection based upon the final engineering and design. The Customer shall participate in any modifications by providing timely feedback, direction, and ultimately final approvals. If any items of the Scope of Work are determined to be removed after the final design is complete, JCI may make the necessary amendments to the Agreement via a Change Order, and based upon the Schedule of Values per site. Customer’s final approval of the plans shall not be unreasonably withheld. The Customer also agrees that during the final engineering phase, JCI may need to remove certain items and/or scope, to accommodate the price of the Work and the financial criteria of the project. Notwithstanding, the price of the W ork shall not exceed Total Price for the Work (as set forth in Section 1 of Schedule 4 below), unless the Customer approves and elects to contribute additional funds, and the overall project must still meet the financial metric of being self-funding from energy and/or operational cost savings on a cash flow basis within the finance term. Table 1: Scope of Work of Facility Improvement Measures (FIMs) FIM NUMBER FIM S-1 Police Station PV System with Energy Storage S-2 Civic Center PV System S-3 Main Library PV System S-4 Public Works Facility PV System with Energy Storage S-5 South Library PV System S-6 Loma Verde Aquatic Center PV System S-7 Parkway Aquatic Center PV System S-8 Montevalle Rec Center PV System with Energy Storage S-9 Boys & Girls Club PV System S-10 Mount San Miguel Park PV System S-11 Animal Care PV System S-12 Salt Creek Recreation Center PV System F-1 Feasibility Study 2017-09-26 Agenda Packet Page 138 FIM S-1 Police Station PV System with Energy Storage This measure includes the installation of a photovoltaic (PV) system and energy storage system. The PV system will generate electricity through the conversion of solar energy. The energy storage system will generate cost savings by storing electricity during low cost and/or low site-demand periods and discharging electricity to mitigate demand charges. The system(s) will be interconnected to the facility’s main electrical service. The systems will be located at the Chula Vista Police Station (315 4th Ave, Chula Vista, CA 91910) as identified herein. The preliminary layout of the PV systems is shown in Figure 1. Figure 1: Preliminary System Layout System Type Nominal Capacity* Electrical Point of Connection Carports 343 kW DC Main distribution panel located outdoors on the south side of the site. Energy Storage System 60 kW / 137 kWh Main distribution panel located outdoors on the south side of the site. *Subject to change pending final design 2017-09-26 Agenda Packet Page 139 Includes: In general the following are the significant elements of the scope of work unless otherwise noted: 1. Provide engineering plans, calculations, and documents for permit issuance. Provide as-built record documentation after the completion of the work. 2. Utility Coordination a. With Customer assistance and sign off, complete applications for utility interconnection. b. Attend Customer meetings with the Utility provider to address design and interconnection items as needed. 3. Solar PV a. Carports i. Provide structural foundations. ii. Provide structural framing using steel structural frames. iii. Provide racking and accessories to attach PV modules to structural framing. iv. Provide PV modules. By JA Solar or equivalent as approved by Johnson Controls. v. Provide inverters. By SMA or equivalent as approved by Johnson Controls. vi. Provide lighting mounted on carports. vii. Provide the electrical balance of system. This includes conduit, wiring, electrical connections, and interconnection. viii. Provide cutting, trenching, and directional boring as needed to route conduits. ix. Provide backfill and patching to match existing surfaces. b. Data Acquisition System (DAS) i. Provide revenue grade metering and web based DAS including monitoring system manufactured by Locus or equivalent as approved by Johnson Controls. ii. DAS shall transmit data via cellular modem. iii. Monitoring system includes one meteorological station to monitor plane-of-array irradiance, cell temperature, ambient temperature, and wind speed. iv. Monitoring system includes five year subscription for monitoring service. After the initial five years, Customer must contract to maintain the monitoring service for the term of the M&V period. v. Configure web based data monitoring of solar PV systems provided as part of this contract from a single web interface. 4. Energy Storage System a. Provide site preparation for installation of the energy storage system. This includes, where needed, a concrete housekeeping pad, safety bollards, and anchorage. b. Provide an energy storage system (ESS) rated at 60 kW / 137 kWh. ESS shall be manufactured by Johnson Controls. Approximate footprint is 10’ x 8’. ESS includes inverter batteries, battery management system, fire suppression system, HVAC system, and metering. c. Provide the electrical balance of system. This includes conduit, wiring, electrical connections, and interconnection. Interconnection includes a new AC fused disconnect switch, installation of a new 100A circuit breaker at the existing main distribution panel, and associated conduit, wiring, and connections. d. Provide cutting, trenching, and directional boring as needed to route conduits. e. Provide backfill and patching to match existing surfaces. 5. Provide startup of new equipment in accordance with manufacturer’s written instructions. 6. Including one initial module washing at the time of startup. 7. Provide functional performance testing of new equipment. 8. Provide O&M training for customer staff. Training may be conducted independent of a specific project site and shall be limited to 24 hours and up to 4 sessions for the entire project (total training for all FIMs and all sites shall not exceed 24 hours). Training shall include the provision of O&M manuals and warranty documentation. 2017-09-26 Agenda Packet Page 140 Excludes: 1. Cleanup and disposal of existing waste and debris in the outdoor trash storage area adjacent to the main electrical service. The Energy Storage System (ESS) is expected to be installed in this general area. Customer shall make ready for work the area where the ESS is installed by removing and disposing unused items. 2017-09-26 Agenda Packet Page 141 FIM S-2 Civic Center PV System This measure includes the installation of a photovoltaic (PV) system. The PV system will generate electricity through the conversion of solar energy. The system(s) will be interconnected to the facility’s main electrical service. The systems will be located at the Chula Vista Civic Center (276 4th Ave, Chula Vista, CA 91910) as identified herein. The preliminary layout of the PV systems is shown in Figure 2. Figure 2: Preliminary System Layout System Type Nominal Capacity* Electrical Point of Connection Carports 554 kW DC Main distribution panel at the nearest building; located indoors. Rooftop 144 kW DC Main distribution panel of the building; located indoors. *Subject to change pending final design 2017-09-26 Agenda Packet Page 142 Includes: In general the following are the significant elements of the scope of work unless otherwise noted: 1. Provide engineering plans, calculations, and documents for permit issuance. Provide as-built record documentation after the completion of the work. 2. Utility Coordination a. With Customer assistance and sign off, complete applications for utility interconnection. b. Attend Customer meetings with the Utility provider to address design and interconnection items as needed. c. With Customer assistance and sign off, complete applications for utility rate change. 3. Solar PV a. Carports i. Provide structural foundations. ii. Provide structural framing using steel structural frames. iii. Provide racking and accessories to attach PV modules to structural framing. iv. Provide PV modules. By JA Solar or equivalent as approved by Johnson Controls. v. Provide inverters. By SMA or equivalent as approved by Johnson Controls. vi. Provide lighting mounted on carports. vii. Provide the electrical balance of system. This includes conduit, wiring, electrical connections, and interconnection. viii. Provide cutting, trenching, and directional boring as needed to route conduits. ix. Where accessible, provide a redundant 4” conduit from the point of interconnection to each carport. x. Provide backfill and patching to match existing surfaces. b. Rooftop i. For PV arrays attached to Spanish tile roofing, the engineering design shall be reviewed at the 50% design stage by City staff and key stakeholders as identified by the customer. Johnson Controls will make revisions to the proposed design and provide updated pricing as a result of design modifications. ii. For PV arrays attached to Spanish tile roofing, provide racking designed specifically for installation onto tile roofs. Racking shall be attached to the roof substrate and no drilling of tiles shall be performed. iii. For PV arrays mounted on low-slope (or flat) roofing, provide racking designed specifically for installation onto low-slope (or flat) roofs. Racking shall be non- penetrating. iv. Provide PV modules. By JA Solar or equivalent as approved by Johnson Controls. v. Provide inverters. By SMA or equivalent as approved by Johnson Controls. vi. Provide the electrical balance of system. This includes conduit, wiring, electrical connections, and interconnection. c. Data Acquisition System (DAS) i. Provide revenue grade metering and web based DAS including monitoring system manufactured by Locus or equivalent as approved by Johnson Controls. ii. DAS shall transmit data via cellular modem. iii. Monitoring system includes one meteorological station to monitor plane-of-array irradiance, cell temperature, ambient temperature, and wind speed. iv. Monitoring system includes five year subscription for monitoring service. After the initial five years, Customer must contract to maintain the monitoring service for the term of the M&V period. v. Configure web based data monitoring of solar PV systems provided as part of this contract from a single web interface. vi. Provide a wall mounted flat screen LED TV and configure to display data from the DAS for public viewing. 4. Provide startup of new equipment in accordance with manufacturer’s written instructions. 5. Including one initial module washing at the time of startup. 2017-09-26 Agenda Packet Page 143 6. Provide functional performance testing of new equipment. 7. Provide O&M training for customer staff. Training may be conducted independent of a specific project site and shall be limited to 24 hours and up to 4 sessions for the entire project (total training for all FIMs and all sites shall not exceed 24 hours). Training shall include the provision of O&M manuals and warranty documentation. Excludes: 1. Additional Design Rework a. The cost of additional design rework and bidding, subsequent to stakeholder review meetings, is excluded. The cost of additional design work beyond that which is typically required for obtaining building permits (EG: 3D renderings of facilities, additional design review meetings, multiple design alternatives, bidding of multiple designs) is excluded. Johnson Controls will provide these items at the request of key stakeholders identified by City Staff and the additional cost incurred will be paid by the Customer, including overhead and profit, through the change order process. 2. Roofing modifications a. Existing roofing shall be made ready by Customer for the installation of new PV arrays at areas indicated. b. Existing low-slope (or flat) roofing shall be replaced by the Customer prior to installation of new PV arrays. It is anticipated that this project will be completed as part of the Measure P program. c. Existing Spanish tile roofing shall be replaced by the Customer prior to installation of new PV arrays. It is anticipated that this project will be completed as part of the Measure P program. d. Where roofing is modified or replaced by the Customer, Customer shall coordinate with JCI such that installation of the PV system(s) can be performed seamlessly, and in a timely manner, while roofing contractors are on site. 2017-09-26 Agenda Packet Page 144 FIM S-3 Main Library PV System This measure includes the installation of a photovoltaic (PV) system. The PV system will generate electricity through the conversion of solar energy. The system(s) will be interconnected to the facility’s main electrical service. The systems will be located at the Main Library (365 F St, Chula Vista, CA 91910) as identified herein. The preliminary layout of the PV systems is shown in Figure 3. Figure 3: Preliminary System Layout System Type Nominal Capacity* Electrical Point of Connection Carports 179 kW DC Main distribution panel of the building; located indoors. Rooftop 189 kW DC Main distribution panel of the building; located indoors. *Subject to change pending final design 2017-09-26 Agenda Packet Page 145 Includes: In general the following are the significant elements of the scope of work unless otherwise noted: 1. Provide engineering plans, calculations, and documents for permit issuance. Provide as-built record documentation after the completion of the work. 2. Utility Coordination a. With Customer assistance and sign off, complete applications for utility interconnection. b. Attend Customer meetings with the Utility provider to address design and interconnection items as needed. c. With Customer assistance and sign off, complete applications for utility rate change. 3. Solar PV a. Carports i. Provide structural foundations. ii. Provide structural framing using steel structural frames. iii. Provide racking and accessories to attach PV modules to structural framing. iv. Provide PV modules. By JA Solar or equivalent as approved by Johnson Controls. v. Provide inverters. By SMA or equivalent as approved by Johnson Controls. vi. Provide lighting mounted on carports. vii. Provide the electrical balance of system. This includes conduit, wiring, electrical connections, and interconnection. viii. Provide cutting, trenching, and directional boring as needed to route conduits ix. Provide backfill and patching to match existing surfaces. b. Rooftop i. For PV arrays attached to Spanish tile roofing, the engineering design shall be reviewed at the 50% design stage by City staff and key stakeholders as identified by the customer. Johnson Controls will make revisions to the proposed design and provide updated pricing as a result of design modifications. ii. For PV arrays attached to Spanish tile roofing, provide racking designed specifically for installation onto tile roofs. Racking shall be attached to the roof substrate and no drilling of tiles shall be performed. iii. For PV arrays mounted on low-slope (or flat) roofing, provide racking designed specifically for installation onto low-slope (or flat) roofs. Racking shall be non- penetrating. iv. Provide PV modules. By JA Solar or equivalent as approved by Johnson Controls. v. Provide inverters. By SMA or equivalent as approved by Johnson Controls. vi. Provide the electrical balance of system. This includes conduit, wiring, electrical connections, and interconnection. c. Data Acquisition System (DAS) i. Provide revenue grade metering and web based DAS including monitoring system manufactured by Locus or equivalent as approved by Johnson Controls. ii. DAS shall transmit data via cellular modem. iii. Monitoring system includes one meteorological station to monitor plane-of-array irradiance, cell temperature, ambient temperature, and wind speed. iv. Monitoring system includes five year subscription for monitoring service. After the initial five years, Customer must contract to maintain the monitoring service for the term of the M&V period. v. Configure web based data monitoring of solar PV systems provided as part of this contract from a single web interface. 4. Provide startup of new equipment in accordance with manufacturer’s written instructions. 5. Including one initial module washing at the time of startup. 6. Provide functional performance testing of new equipment. 7. Provide O&M training for customer staff. Training may be conducted independent of a specific project site and shall be limited to 24 hours and up to 4 sessions for the entire project (total training 2017-09-26 Agenda Packet Page 146 for all FIMs and all sites shall not exceed 24 hours). Training shall include the provision of O&M manuals and warranty documentation. Excludes: 1. Additional Design Rework a. The cost of additional design rework and bidding, subsequent to stakeholder review meetings, is excluded. The cost of additional design work beyond that which is typically required for obtaining building permits (EG: 3D renderings of facilities, additional design review meetings, multiple design alternatives, bidding of multiple designs) is excluded. Johnson Controls will provide these items at the request of key stakeholders identified by City Staff and the additional cost incurred will be paid by the Customer, including overhead and profit, through the change order process. 2. Roofing modifications a. Existing roofing shall be made ready by Customer for the installation of new PV arrays at areas indicated. b. Existing low-slope (or flat) roofing shall be replaced by the Customer prior to installation of new PV arrays. It is anticipated that this project will be completed as part of the Measure P program. c. Existing Spanish tile roofing shall be replaced by the Customer prior to installation of new PV arrays. It is anticipated that this project will be completed as part of the Measure P program. d. Where roofing is modified or replaced by the Customer, Customer shall coordinate with JCI such that installation of the PV system(s) can be performed seamlessly, and in a timely manner, while roofing contractors are on site. 2017-09-26 Agenda Packet Page 147 FIM S-4 Public Works Facility PV System with Energy Storage This measure includes the installation of a photovoltaic (PV) system and energy storage system. The PV system will generate electricity through the conversion of solar energy. The energy storage system will generate cost savings by storing electricity during low cost and/or low site-demand periods and discharging electricity to mitigate demand charges. The system(s) will be interconnected to the facility’s main electrical service. The systems will be located at the Public Works Facility (1800 Maxwell Rd, Chula Vista, CA 91911) as identified herein. The preliminary layout of the PV systems is shown in Figure 4. Figure 4: Preliminary System Layout System Type Nominal Capacity* Electrical Point of Connection Carports 323 kW DC Main distribution panel located outdoors between the Administration and Shops buildings. Energy Storage System 60 kW / 137 kWh Main distribution panel located outdoors between the Administration and Shops buildings. *Subject to change pending final design 2017-09-26 Agenda Packet Page 148 Includes: In general the following are the significant elements of the scope of work unless otherwise noted: 1. Provide engineering plans, calculations, and documents for permit issuance. Provide as-built record documentation after the completion of the work. 2. Utility Coordination a. With Customer assistance and sign off, complete applications for utility interconnection. b. Attend Customer meetings with the Utility provider to address design and interconnection items as needed. 3. Solar PV a. Carports i. Provide structural foundations. ii. Provide structural framing using steel structural frames. iii. Provide racking and accessories to attach PV modules to structural framing. iv. Provide PV modules. By JA Solar or equivalent as approved by Johnson Controls. v. Provide inverters. By SMA or equivalent as approved by Johnson Controls. vi. Provide lighting mounted on carports. vii. Provide the electrical balance of system. This includes conduit, wiring, electrical connections, and interconnection. viii. Provide cutting, trenching, and directional boring as needed to route conduits. ix. Where accessible, provide a redundant 4” conduit from the point of interconnection to each carport. x. Provide backfill and patching to match existing surfaces. b. Data Acquisition System (DAS) i. Provide revenue grade metering and web based DAS including monitoring system manufactured by Locus or equivalent as approved by Johnson Controls. ii. DAS shall transmit data via cellular modem. iii. Monitoring system includes one meteorological station to monitor plane-of-array irradiance, cell temperature, ambient temperature, and wind speed. iv. Monitoring system includes five year subscription for monitoring service. After the initial five years, Customer must contract to maintain the monitoring service for the term of the M&V period. v. Configure web based data monitoring of solar PV systems provided as part of this contract from a single web interface. 4. Energy Storage System a. Provide site preparation for installation of the energy storage system. This includes, where needed, a concrete housekeeping pad, safety bollards, and anchorage. b. Provide an energy storage system (ESS) rated at 60 kW / 137 kWh. ESS shall be manufactured by Johnson Controls. Approximate footprint is 10’ x 8’. ESS includes inverter batteries, battery management system, fire suppression system, HVAC system, and metering. c. Provide the electrical balance of system. This includes conduit, wiring, electrical connections, and interconnection. Interconnection includes a new AC fused disconnect switch, installation of a new 100A circuit breaker at the existing main distribution panel, and associated conduit, wiring, and connections. d. Provide cutting, trenching, and directional boring as needed to route conduits. e. Provide backfill and patching to match existing surfaces. 5. Provide startup of new equipment in accordance with manufacturer’s written instructions. 6. Including one initial module washing at the time of startup. 7. Provide functional performance testing of new equipment. 8. Provide O&M training for customer staff. Training may be conducted independent of a specific project site and shall be limited to 24 hours and up to 4 sessions for the entire project (total training for all FIMs and all sites shall not exceed 24 hours). Training shall include the provision of O&M manuals and warranty documentation. 2017-09-26 Agenda Packet Page 149 FIM S-5 South Library PV System This measure includes the installation of a photovoltaic (PV) system. The PV system will generate electricity through the conversion of solar energy. The system(s) will be interconnected to the facility’s main electrical service. The systems will be located at the South Library (389 Orange Ave, Chula Vista, CA 91911) as identified herein. The preliminary layout of the PV systems is shown in Figure 5. Figure 5: Preliminary System Layout System Type Nominal Capacity* Electrical Point of Connection Carports 187 kW DC Main distribution panel of the building; located indoors. *Subject to change pending final design 2017-09-26 Agenda Packet Page 150 Includes: In general the following are the significant elements of the scope of work unless otherwise noted: 1. Provide engineering plans, calculations, and documents for permit issuance. Provide as-built record documentation after the completion of the work. 2. Utility Coordination a. With Customer assistance and sign off, complete applications for utility interconnection. b. Attend Customer meetings with the Utility provider to address design and interconnection items as needed. c. With Customer assistance and sign off, complete applications for utility rate change. 3. Solar PV a. Carports i. Provide structural foundations. ii. Provide structural framing using steel structural frames. iii. Provide racking and accessories to attach PV modules to structural framing. iv. Provide PV modules. By JA Solar or equivalent as approved by Johnson Controls. v. Provide inverters. By SMA or equivalent as approved by Johnson Controls. vi. Provide lighting mounted on carports. vii. Provide the electrical balance of system. This includes conduit, wiring, electrical connections, and interconnection. viii. Provide cutting, trenching, and directional boring as needed to route conduits ix. Provide backfill and patching to match existing surfaces. b. Data Acquisition System (DAS) i. Provide revenue grade metering and web based DAS including monitoring system manufactured by Locus or equivalent as approved by Johnson Controls. ii. DAS shall transmit data via cellular modem. iii. Monitoring system includes one meteorological station to monitor plane-of-array irradiance, cell temperature, ambient temperature, and wind speed. iv. Monitoring system includes five year subscription for monitoring service. After the initial five years, Customer must contract to maintain the monitoring service for the term of the M&V period. v. Configure web based data monitoring of solar PV systems provided as part of this contract from a single web interface. 4. Provide startup of new equipment in accordance with manufacturer’s written instructions. 5. Including one initial module washing at the time of startup. 6. Provide functional performance testing of new equipment. 7. Provide O&M training for customer staff. Training may be conducted independent of a specific project site and shall be limited to 24 hours and up to 4 sessions for the entire project (total training for all FIMs and all sites shall not exceed 24 hours). Training shall include the provision of O&M manuals and warranty documentation. 2017-09-26 Agenda Packet Page 151 FIM S-6 Loma Verde Aquatic Center PV System This measure includes the installation of a photovoltaic (PV) system. The PV system will generate electricity through the conversion of solar energy. The system(s) will be interconnected to the facility’s main electrical service. The systems will be located at the Loma Verde Aquatic Center (1420 Loma Ln, Chula Vista, CA 91911) as identified herein. The preliminary layout of the PV systems is shown in Figure 6. Figure 6: Preliminary System Layout System Type Nominal Capacity* Electrical Point of Connection Carports 112 kW DC Main distribution panel of the building; located outdoors. *Subject to change pending final design 2017-09-26 Agenda Packet Page 152 Includes: In general the following are the significant elements of the scope of work unless otherwise noted: 1. Provide engineering plans, calculations, and documents for permit issuance. Provide as-built record documentation after the completion of the work. 2. Utility Coordination a. With Customer assistance and sign off, complete applications for utility interconnection. b. Attend Customer meetings with the Utility provider to address design and interconnection items as needed. c. With Customer assistance and sign off, complete applications for utility rate change. 3. Solar PV a. Carports i. Provide structural foundations. ii. Provide structural framing using steel structural frames. iii. Provide racking and accessories to attach PV modules to structural framing. iv. Provide PV modules. By JA Solar or equivalent as approved by Johnson Controls. v. Provide inverters. By SMA or equivalent as approved by Johnson Controls. vi. Provide lighting mounted on carports. vii. Provide the electrical balance of system. This includes conduit, wiring, electrical connections, and interconnection. viii. Provide cutting, trenching, and directional boring as needed to route conduits ix. Provide backfill and patching to match existing surfaces. b. Data Acquisition System (DAS) i. Provide revenue grade metering and web based DAS including monitoring system manufactured by Locus or equivalent as approved by Johnson Controls. ii. DAS shall transmit data via cellular modem. iii. Monitoring system includes one meteorological station to monitor plane-of-array irradiance, cell temperature, ambient temperature, and wind speed. iv. Monitoring system includes five year subscription for monitoring service. After the initial five years, Customer must contract to maintain the monitoring service for the term of the M&V period. v. Configure web based data monitoring of solar PV systems provided as part of this contract from a single web interface. 4. Provide startup of new equipment in accordance with manufacturer’s written instructions. 5. Including one initial module washing at the time of startup. 6. Provide functional performance testing of new equipment. 7. Provide O&M training for customer staff. Training may be conducted independent of a specific project site and shall be limited to 24 hours and up to 4 sessions for the entire project (total training for all FIMs and all sites shall not exceed 24 hours). Training shall include the provision of O&M manuals and warranty documentation. 2017-09-26 Agenda Packet Page 153 FIM S-7 Parkway Aquatic Center PV System This measure includes the installation of a photovoltaic (PV) system. The PV system will generate electricity through the conversion of solar energy. The system(s) will be interconnected to the facility’s main electrical service. The systems will be located at the Parkway Aquatic Center (373 Park Way, Chula Vista, CA 91910) as identified herein. The preliminary layout of the PV systems is shown in Figure 7. Figure 7: Preliminary System Layout System Type Nominal Capacity* Electrical Point of Connection Rooftop 85 kW DC Main distribution panel of the building; located outdoors. *Subject to change pending final design 2017-09-26 Agenda Packet Page 154 Includes: In general the following are the significant elements of the scope of work unless otherwise noted: 1. Provide engineering plans, calculations, and documents for permit issuance. Provide as-built record documentation after the completion of the work. 2. Utility Coordination a. With Customer assistance and sign off, complete applications for utility interconnection. b. Attend Customer meetings with the Utility provider to address design and interconnection items as needed. 3. Solar PV a. Rooftop i. For PV arrays mounted on low-slope (or flat) roofing, provide racking designed specifically for installation onto low-slope (or flat) roofs. Racking shall be non- penetrating. ii. Provide PV modules. By JA Solar or equivalent as approved by Johnson Controls. iii. Provide inverters. By SMA or equivalent as approved by Johnson Controls. iv. Provide the electrical balance of system. This includes conduit, wiring, electrical connections, and interconnection. b. Data Acquisition System (DAS) i. Provide revenue grade metering and web based DAS including monitoring system manufactured by Locus or equivalent as approved by Johnson Controls. ii. DAS shall transmit data via cellular modem. iii. Monitoring system includes one meteorological station to monitor plane-of-array irradiance, cell temperature, ambient temperature, and wind speed. iv. Monitoring system includes five year subscription for monitoring service. After the initial five years, Customer must contract to maintain the monitoring service for the term of the M&V period. v. Configure web based data monitoring of solar PV systems provided as part of this contract from a single web interface. 4. Provide startup of new equipment in accordance with manufacturer’s written instructions. 5. Including one initial module washing at the time of startup. 6. Provide functional performance testing of new equipment. 7. Provide O&M training for customer staff. Training may be conducted independent of a specific project site and shall be limited to 24 hours and up to 4 sessions for the entire project (total training for all FIMs and all sites shall not exceed 24 hours). Training shall include the provision of O&M manuals and warranty documentation. Excludes: 1. Roofing modifications a. Existing roofing shall be made ready by Customer for the installation of new PV arrays at areas indicated. b. Existing low-slope (or flat) roofing shall be replaced by the Customer prior to installation of new PV arrays. It is anticipated that this project will be completed as part of the Measure P program. c. Where roofing is modified or replaced by the Customer, Customer shall coordinate with JCI such that installation of the PV system(s) can be performed seamlessly, and in a timely manner, while roofing contractors are on site. 2017-09-26 Agenda Packet Page 155 FIM S-8 Montevalle Rec Center PV System with Energy Storage This measure includes the installation of a photovoltaic (PV) system and energy storage system. The PV system will generate electricity through the conversion of solar energy. The energy storage system will generate cost savings by storing electricity during low cost and/or low site-demand periods and discharging electricity to mitigate demand charges. The system(s) will be interconnected to the facility’s main electrical service. The systems will be located at the Montevalle Recreation Center (840 Duncan Ranch Rd, Chula Vista, CA 91914) as identified herein. The preliminary layout of the PV systems is shown in Figure 8. Figure 8: Preliminary System Layout System Type Nominal Capacity* Electrical Point of Connection Carports 79 kW DC Main distribution panel; located outdoors. Energy Storage System 60 kW / 137 kWh Main distribution panel; located outdoors. *Subject to change pending final design 2017-09-26 Agenda Packet Page 156 Includes: In general the following are the significant elements of the scope of work unless otherwise noted: 1. Provide engineering plans, calculations, and documents for permit issuance. Provide as-built record documentation after the completion of the work. 2. Utility Coordination a. With Customer assistance and sign off, complete applications for utility interconnection. b. Attend Customer meetings with the Utility provider to address design and interconnection items as needed. 3. Solar PV a. Carports i. Provide structural foundations. ii. Provide structural framing using steel structural frames. iii. Provide racking and accessories to attach PV modules to structural framing. iv. Provide PV modules. By JA Solar or equivalent as approved by Johnson Controls. v. Provide inverters. By SMA or equivalent as approved by Johnson Controls. vi. Provide lighting mounted on carports. vii. Provide the electrical balance of system. This includes conduit, wiring, electrical connections, and interconnection. viii. Provide cutting, trenching, and directional boring as needed to route conduits ix. Provide backfill and patching to match existing surfaces. b. Data Acquisition System (DAS) i. Provide revenue grade metering and web based DAS including monitoring system manufactured by Locus or equivalent as approved by Johnson Controls. ii. DAS shall transmit data via cellular modem. iii. Monitoring system includes one meteorological station to monitor plane-of-array irradiance, cell temperature, ambient temperature, and wind speed. iv. Monitoring system includes five year subscription for monitoring service. After the initial five years, Customer must contract to maintain the monitoring service for the term of the M&V period. v. Configure web based data monitoring of solar PV systems provided as part of this contract from a single web interface. 4. Energy Storage System a. Provide site preparation for installation of the energy storage system. This includes, where needed, a concrete housekeeping pad, safety bollards, and anchorage. b. At Montevalle, site preparation includes the expansion of the corrugated fence enclosing the existing SDGE service to enclose the new concrete pad and ESS. c. Provide an energy storage system (ESS) rated at 60 kW / 137 kWh. ESS shall be manufactured by Johnson Controls. Approximate footprint is 10’ x 8’. ESS includes inverter batteries, battery management system, fire suppression system, HVAC system, and metering. d. Provide the electrical balance of system. This includes conduit, wiring, electrical connections, and interconnection. Interconnection includes a new AC fused disconnect switch, installation of a new 100A circuit breaker at the existing main distribution panel, and associated conduit, wiring, and connections. e. Provide cutting, trenching, and directional boring as needed to route conduits. f. Provide backfill and patching to match existing surfaces. 5. Provide startup of new equipment in accordance with manufacturer’s written instructions. 6. Including one initial module washing at the time of startup. 7. Provide functional performance testing of new equipment. 8. Provide O&M training for customer staff. Training may be conducted independent of a specific project site and shall be limited to 24 hours and up to 4 sessions for the entire project (total training for all FIMs and all sites shall not exceed 24 hours). Training shall include the provision of O&M manuals and warranty documentation. 2017-09-26 Agenda Packet Page 157 FIM S-9 Boys & Girls Club PV System This measure includes the installation of a photovoltaic (PV) system. The PV system will generate electricity through the conversion of solar energy. The system(s) will be interconnected to the facility’s main electrical service. The systems will be located at the Boys and Girls Club (1301 Oleander Ave, Chula Vista, CA 91911) as identified herein. The preliminary layout of the PV systems is shown in Figure 9. Figure 9: Preliminary System Layout System Type Nominal Capacity* Electrical Point of Connection Carports 24 kW DC Main distribution panel at the nearest building; located outdoors. Rooftop 46 kW DC Main distribution panel of the building; located outdoors. *Subject to change pending final design 2017-09-26 Agenda Packet Page 158 Includes: In general the following are the significant elements of the scope of work unless otherwise noted: 1. Provide engineering plans, calculations, and documents for permit issuance. Provide as-built record documentation after the completion of the work. 2. Utility Coordination a. With Customer assistance and sign off, complete applications for utility interconnection. b. Attend Customer meetings with the Utility provider to address design and interconnection items as needed. 3. Solar PV a. Carports i. Provide structural foundations. ii. Provide structural framing using steel structural frames. iii. Provide racking and accessories to attach PV modules to structural framing. iv. Provide PV modules. By JA Solar or equivalent as approved by Johnson Controls. v. Provide inverters. By SMA or equivalent as approved by Johnson Controls. vi. Provide lighting mounted on carports. vii. Provide the electrical balance of system. This includes conduit, wiring, electrical connections, and interconnection. viii. Provide cutting, trenching, and directional boring as needed to route conduits ix. Provide backfill and patching to match existing surfaces. b. Rooftop i. For PV arrays mounted on low-slope (or flat) roofing, provide racking designed specifically for installation onto low-slope (or flat) roofs. Racking shall be non- penetrating. ii. Provide PV modules. By JA Solar or equivalent as approved by Johnson Controls. iii. Provide inverters. By SMA or equivalent as approved by Johnson Controls. iv. Provide the electrical balance of system. This includes conduit, wiring, electrical connections, and interconnection. c. Data Acquisition System (DAS) i. Provide revenue grade metering and web based DAS including monitoring system manufactured by Locus or equivalent as approved by Johnson Controls. ii. DAS shall transmit data via cellular modem. iii. Monitoring system includes one meteorological station to monitor plane-of-array irradiance, cell temperature, ambient temperature, and wind speed. iv. Monitoring system includes five year subscription for monitoring service. After the initial five years, Customer must contract to maintain the monitoring service for the term of the M&V period. v. Configure web based data monitoring of solar PV systems provided as part of this contract from a single web interface. 4. Provide startup of new equipment in accordance with manufacturer’s written instructions. 5. Including one initial module washing at the time of startup. 6. Provide functional performance testing of new equipment. 7. Provide O&M training for customer staff. Training may be conducted independent of a specific project site and shall be limited to 24 hours and up to 4 sessions for the entire project (total training for all FIMs and all sites shall not exceed 24 hours). Training shall include the provision of O&M manuals and warranty documentation. 2017-09-26 Agenda Packet Page 159 Excludes: 1. Roofing modifications a. Existing roofing shall be made ready by Customer for the installation of new PV arrays at areas indicated. b. Existing low-slope (or flat) roofing shall be replaced by the Customer prior to installation of new PV arrays. It is anticipated that this project will be completed as part of the Measure P program. c. Where roofing is modified or replaced by the Customer, Customer shall coordinate with JCI such that installation of the PV system(s) can be performed seamlessly, and in a timely manner, while roofing contractors are on site. 2017-09-26 Agenda Packet Page 160 FIM S-10 Mount San Miguel Park PV System This measure includes the installation of a photovoltaic (PV) system. The PV system will generate electricity through the conversion of solar energy. The system(s) will be interconnected to the facility’s main electrical service. The systems will be located at Mount San Miguel Park (2335 Paseo Veracruz, Chula Vista, CA 91914) as identified herein. The preliminary layout of the PV systems is shown in Figure 10. Figure 10: Preliminary System Layout System Type Nominal Capacity* Electrical Point of Connection Carports 64 kW DC Main distribution panel of the building; located outdoors. *Subject to change pending final design 2017-09-26 Agenda Packet Page 161 Includes: In general the following are the significant elements of the scope of work unless otherwise noted: 1. Provide engineering plans, calculations, and documents for permit issuance. Provide as-built record documentation after the completion of the work. 2. Utility Coordination a. With Customer assistance and sign off, complete applications for utility interconnection. b. Attend Customer meetings with the Utility provider to address design and interconnection items as needed. 3. Solar PV a. Carports i. Provide structural foundations. ii. Provide structural framing using steel structural frames. iii. Provide racking and accessories to attach PV modules to structural framing. iv. Provide PV modules. By JA Solar or equivalent as approved by Johnson Controls. v. Provide inverters. By SMA or equivalent as approved by Johnson Controls. vi. Provide lighting mounted on carports. vii. Provide the electrical balance of system. This includes conduit, wiring, electrical connections, and interconnection. viii. Provide cutting, trenching, and directional boring as needed to route conduits ix. Provide backfill and patching to match existing surfaces. b. Data Acquisition System (DAS) i. Provide revenue grade metering and web based DAS including monitoring system manufactured by Locus or equivalent as approved by Johnson Controls. ii. DAS shall transmit data via cellular modem. iii. Monitoring system includes one meteorological station to monitor plane-of-array irradiance, cell temperature, ambient temperature, and wind speed. iv. Monitoring system includes five year subscription for monitoring service. After the initial five years, Customer must contract to maintain the monitoring service for the term of the M&V period. v. Configure web based data monitoring of solar PV systems provided as part of this contract from a single web interface. 4. Provide startup of new equipment in accordance with manufacturer’s written instructions. 5. Including one initial module washing at the time of startup. 6. Provide functional performance testing of new equipment. 7. Provide O&M training for customer staff. Training may be conducted independent of a specific project site and shall be limited to 24 hours and up to 4 sessions for the entire project (total training for all FIMs and all sites shall not exceed 24 hours). Training shall include the provision of O&M manuals and warranty documentation. 2017-09-26 Agenda Packet Page 162 FIM S-11 Animal Care PV System This measure includes the installation of a photovoltaic (PV) system. The PV system will generate electricity through the conversion of solar energy. The system(s) will be interconnected to the facility’s main electrical service. The systems will be located at the Animal Care facility (130 Beyer Way, Chula Vista, CA 91911) as identified herein. The preliminary layout of the PV systems is shown in Figure 11. Figure 11: Preliminary System Layout System Type Nominal Capacity* Electrical Point of Connection Carports 60 kW DC Main distribution panel of the building; located outdoors. *Subject to change pending final design 2017-09-26 Agenda Packet Page 163 Includes: In general the following are the significant elements of the scope of work unless otherwise noted: 1. Provide engineering plans, calculations, and documents for permit issuance. Provide as-built record documentation after the completion of the work. 2. Utility Coordination a. With Customer assistance and sign off, complete applications for utility interconnection. b. Attend Customer meetings with the Utility provider to address design and interconnection items as needed. c. With Customer assistance and sign off, complete applications for utility rate change. 3. Solar PV a. Carports i. Provide structural foundations. ii. Provide structural framing using steel structural frames. iii. Provide racking and accessories to attach PV modules to structural framing. iv. Provide PV modules. By JA Solar or equivalent as approved by Johnson Controls. v. Provide inverters. By SMA or equivalent as approved by Johnson Controls. vi. Provide lighting mounted on carports. vii. Provide the electrical balance of system. This includes conduit, wiring, electrical connections, and interconnection. viii. Provide cutting, trenching, and directional boring as needed to route conduits ix. Provide backfill and patching to match existing surfaces. b. Data Acquisition System (DAS) i. Provide revenue grade metering and web based DAS including monitoring system manufactured by Locus or equivalent as approved by Johnson Controls. ii. DAS shall transmit data via cellular modem. iii. Monitoring system includes one meteorological station to monitor plane-of-array irradiance, cell temperature, ambient temperature, and wind speed. iv. Monitoring system includes five year subscription for monitoring service. After the initial five years, Customer must contract to maintain the monitoring service for the term of the M&V period. v. Configure web based data monitoring of solar PV systems provided as part of this contract from a single web interface. 4. Provide startup of new equipment in accordance with manufacturer’s written instructions. 5. Including one initial module washing at the time of startup. 6. Provide functional performance testing of new equipment. 7. Provide O&M training for customer staff. Training may be conducted independent of a specific project site and shall be limited to 24 hours and up to 4 sessions for the entire project (total training for all FIMs and all sites shall not exceed 24 hours). Training shall include the provision of O&M manuals and warranty documentation. 2017-09-26 Agenda Packet Page 164 FIM S-12 Salt Creek Recreation Center PV System This measure includes the installation of a photovoltaic (PV) system. The PV system will generate electricity through the conversion of solar energy. The system(s) will be interconnected to the facility’s main electrical service. The systems will be located at the Salt Creek Recreation Center (2710 Otay Lakes Rd, Chula Vista, CA 91915) as identified herein. The preliminary layout of the PV systems is shown in Figure 12. Figure 12: Preliminary System Layout System Type Nominal Capacity* Electrical Point of Connection Carports 44 kW DC Main distribution panel of the building; located indoors. *Subject to change pending final design 2017-09-26 Agenda Packet Page 165 Includes: In general the following are the significant elements of the scope of work unless otherwise noted: 1. Provide engineering plans, calculations, and documents for permit issuance. Provide as-built record documentation after the completion of the work. 2. Utility Coordination a. With Customer assistance and sign off, complete applications for utility interconnection. b. Attend Customer meetings with the Utility provider to address design and interconnection items as needed. c. With Customer assistance and sign off, complete applications for utility rate change. 3. Solar PV a. Carports i. Provide structural foundations. ii. Provide structural framing using steel structural frames. iii. Provide racking and accessories to attach PV modules to structural framing. iv. Provide PV modules. By JA Solar or equivalent as approved by Johnson Controls. v. Provide inverters. By SMA or equivalent as approved by Johnson Controls. vi. Provide lighting mounted on carports. vii. Provide the electrical balance of system. This includes conduit, wiring, electrical connections, and interconnection. viii. Provide cutting, trenching, and directional boring as needed to route conduits ix. Provide backfill and patching to match existing surfaces. b. Data Acquisition System (DAS) i. Provide revenue grade metering and web based DAS including monitoring system manufactured by Locus or equivalent as approved by Johnson Controls. ii. DAS shall transmit data via cellular modem. iii. Monitoring system includes one meteorological station to monitor plane-of-array irradiance, cell temperature, ambient temperature, and wind speed. iv. Monitoring system includes five year subscription for monitoring service. After the initial five years, Customer must contract to maintain the monitoring service for the term of the M&V period. c. Configure web based data monitoring of solar PV systems provided as part of this contract from a single web interface. 4. Provide startup of new equipment in accordance with manufacturer’s written instructions. 5. Including one initial module washing at the time of startup. 6. Provide functional performance testing of new equipment. 7. Provide O&M training for customer staff. Training may be conducted independent of a specific project site and shall be limited to 24 hours and up to 4 sessions for the entire project (total training for all FIMs and all sites shall not exceed 24 hours). Training shall include the provision of O&M manuals and warranty documentation. 2017-09-26 Agenda Packet Page 166 FIM F-1 Feasibility Study This measure includes professional services as required to identify additional work needed to advance the Customer’s Smart City goals. Includes: In general the following are the significant elements of the scope of work unless otherwise noted: 1. EV Charging Station Feasibility Study a. Tasks i. Attend one meeting with City and SDGE staff to identify and understand the scope of work that will be provided by SDGE in terms of charging station type, quantities, payment methods, points of connection to electrical distribution systems, and conduit routing. ii. Attend one meeting with City staff to identify and understand the City’s goals for fleet electrification, and plans for constituent vehicle electrification, in terms of charger locations, charging station type, quantities, and payment methods. iii. Provide up to two days (16 hours) of onsite inspection of existing electrical distribution systems, at facilities identified by the City as prioritized installation sites, to understand the ability of existing electrical distribution systems to support EV charging stations. iv. Review existing as-built construction documents to understand the ability of existing electrical distribution systems to support EV charging stations. v. Develop preliminary specifications for EV charging station installation and develop rough order of magnitude (ROM) cost estimates for installation. b. Deliverables i. Provide a recommended scope of work and opinion of probable cost to provide EV charging stations at sites as yet to be determined. 2. Citywide Utility Efficiency Feasibility Study a. Tasks i. Attend one meeting with City and SDGE staff (or sub-consultant) to identify and understand the energy auditing that has been performed to date as part of Measure P in terms of facilities that have been audited, building sub-systems that have been audited, measures that have been considered, and the costing and savings analysis methodologies. ii. Attend one meeting with City staff to identify and understand the City’s goals for utility efficiency and establish alignment with the Smart City Master Plan, Climate Action Plan, Operations Sustainability Plan, City Strategic Plan, Measure P, and others as applicable. Identify and understand City staff’s goals for priority sites, priority systems, equipment preferences, and functional requirements. iii. Provide up to five days (40 hours) of onsite inspection of existing building sub-systems to identify opportunities for increased efficiency. iv. Building sub-systems to be evaluated include, but are not limited to: 1. Building automation and controls 2. HVAC; inclusive of terminal units, air distribution systems, air handling equipment, heating systems, and cooling systems. 3. Building envelope 4. Lighting (including street lighting) 5. Domestic hot water 6. Miscellaneous electrical loads (e.g. plug loads, process equipment). 7. Electrical distribution 8. Potable water and irrigation 9. Fire and security 2017-09-26 Agenda Packet Page 167 v. Facilities to be evaluated include: 1. Police Station 2. Civic Center 3. Public Works Facility 4. Main Library 5. Living Coast Discovery Center 6. Montevalle Recreation Center 7. South Library 8. Loma Verde Aquatic Center 9. Mount San Miguel Park 10. Parkway Aquatic Center and Parkway Community Center 11. Salt Creek Recreation Center 12. Heritage Park 13. Animal Care Facility 14. Chula Vista Community Park 15. Norman Park Senior Center 16. Mountain Hawk Park 17. Veterans Park Recreation Center 18. Fire Stations (1 through 9) vi. Identify potentially cost-effective Facility Improvement Measures (FIMs) vii. Develop rough order of magnitude (ROM) cost estimates for installation. viii. Develop ROM estimates of cost savings. ix. Develop a preliminary business case that illustrates the costs and benefits of the proposed FIMs. b. Deliverables i. Provide a PowerPoint presentation that identifies the sites where work is proposed, the proposed FIMs, and the preliminary business case. 3. Solar PV Data Acquisition System (DAS) Integration a. Tasks i. Identify existing Locus brand data monitoring equipment and assess equipment condition and operation. ii. Identify existing solar PV systems (installed prior to this project) that lack data acquisition and monitoring systems. b. Deliverables i. Provide a recommended scope and price to provide new data monitoring equipment and/or service subscriptions to integrate these systems into a city-wide PV data monitoring system. Excludes: 1. Engineering design documents. 2. Detailed energy savings calculations. 3. Detailed reports. 2017-09-26 Agenda Packet Page 168 Exclusions – Applicable to all FIMs and Sites. 1. Any work not specifically described as included in the preceding scope of work. 2. Any work related to permit applications for past projects at facilities where work is proposed. 3. Warranty, repair, or replacement of existing systems in disrepair or not compliant with current codes (including, but not limited to, requirements of the Americans with Disabilities Act (ADA) or Fire & Life Safety system requirements). 4. Remedies for encounters with unforeseen/undocumented site conditions. Resolution of existing design, service, and or distribution conditions known or unknown and including utility company requirements are excluded. 5. Permit fees, Inspection fees, laboratory, or testing fees. 6. Hazardous material testing and/or removal. When documentation is not available that suspected areas are free of asbestos containing materials (ACMs) the Customer shall provide spot testing and abatement, as necessary, of the work area. 7. Any additional SDGE fees or related work other than the initial interconnection application cost and applications for rate changes. This includes any electrical upgrades onsite, or offsite, that are not included in Schedule 1. 8. JCI excludes any guarantee regarding the availability or continued existence of electric utility rate cost components or the customer’s ability to change rates into the future. 9. Engineering studies or fees for California Environmental Quality Act (CEQA), Storm Water Pollution Prevention Plan (SWPPP) or grading permits. 10. Any work to modify or upgrade (including ADA upgrades) the existing parking lot(s) that will contain the proposed PV system(s). 11. Overtime and shift labor is excluded. JCI will coordinate access and system shutdowns with Customer prior to and concurrent with construction activities. JCI excludes the provision of temporary power to facilities during construction. 12. JCI does not anticipate and has not included any hard diffing (I.E. no blasting or rock removal). All trenching to be performed by normal means (Case 580 backhoe). Should additional means of excavation be required then JCI shall notify the customer to mitigate or address additional cost. 13. JCI has not included repair, replacement, testing (I.E. arc flash studies) of the existing electrical switchgear. Existing electrical switchgear is assumed to be rated for PV connection. In the event that the electrical service is found to be deficient for the purpose of this project, the Customer and JCI agree to negotiate in good faith to identify and implement a remedy for the issue. 14. Geotechnical soil borings or reports. 15. Cellular data service subscriptions for data monitoring systems are not included and must be provided by Customer for the term of the M&V period. 16. Customer’s obligations as set forth in Schedule 3. 2017-09-26 Agenda Packet Page 169 SCHEDULE 2 – ASSURED PERFORMANCE GUARANTEE OVERVIEW The Assured Performance Guarantee for the Improvement Measures described in Schedule 1 shall be for twenty-five (25) years, and will have five (5) years of Measurement and Verification, or M&V, Services that will take effect on the first day of the month that follows the date when the Certificate of Final Completion for the Performance Contract is approved and executed by the Customer and JCI. Such M&V Services will continue for sixty (60) consecutive months with an Annual Report provided each year within 60 days following the Anniversary Date of the commencement of the Performance Period. The specific details of the M&V processes, the International Performance Measurement and Verification Protocol (IPMVP) procedures, and savings are described in detail in the following sections. In addition, the project’s benefits, including operation and maintenance savings from efficiencies gained as a result of the project, were determined in collaboration with City Treasurer, Director of Public Works, Deputy Director Public Works, City Engineer, Facilities Manager and three Conservation staff members. The Workshop described in detail the M&V methodology to be applied and the procedures and details of the savings calculations. Based upon this meeting the results are the following. I. PROJECT BENEFITS A. Certain Definitions. For purposes of this Agreement, the following terms have the meanings set forth below: Annual Project Benefits are the portion of the projected Total Project Benefits to be achieved in any one year of the Guarantee Term. Annual Project Benefits Realized are the Project Benefits actually realized for any one year of the Guarantee Term. Annual Project Benefits Shortfall is the amount by which the Annual Project Benefits exceed the Annual Project Benefits Realized in any one year of the Guarantee Term. Annual Project Benefits Surplus is the amount by which the Annual Project Benefits Realized exceed the Annual Project Benefits in any one year of the Guarantee Term. Baseline is the mutually agreed upon data and/or usage amounts that reflect conditions prior to the installation of the Improvement Measures as set forth in Section IV below. Guarantee Term will commence on the first day of the month next following the Final Substantial Completion date and will continue for a period of twenty-five (25) years, subject to earlier termination as provided in this Agreement. Installation Period is the period beginning on JCI’s receipt of Customer’s Notice to Proceed and ending on the commencement of the Guarantee Term. Measured Project Benefits are the utility savings and cost avoidance calculated in accordance with the methodologies set forth in Section II below. 2017-09-26 Agenda Packet Page 170 M&V Term will commence on the first day of the month next following the Final Completion date and will continue through the duration of the M&V Services set forth above, subject to earlier termination as provided in this Agreement. Non-Measured Project Benefits are identified in Section II below. The Non-Measured Project Benefits have been agreed to by Customer and will be deemed achieved in accordance with the schedule set forth in the Total Project Benefits table below. Customer and JCI agree that: (i) the Non-Measured Project Benefits may include, but are not limited to, future capital and operational costs avoided as a result of the Work and implementation of the Improvement Measures, (ii) achievement of the Non-Measured Project Benefits is outside of JCI’s control, and (iii) Customer has evaluated sufficient information to conclude that the Non-Measured Project Benefits will occur and bears sole responsibility for ensuring that the Non- Measured Project Benefits will be realized. Accordingly, the Non-Measured Project Benefits shall not be measured or monitored by JCI at any time during either the M&V Term or the Guarantee Term, but rather shall be deemed achieved in accordance with the schedule set forth in the Total Project Benefits table below. Project Benefits are the Measured Project Benefits plus the Non-Measured Project Benefits to be achieved for a particular period during the term of this Agreement. Total Project Benefits are the projected Project Benefits to be achieved during the entire term of this Agreement. B. Project Benefits Summary. Subject to the terms and conditions of this Agreement, JCI and Customer agree that Customer will be deemed to achieve a total of $834,123 in Non-Measured Project Benefits, and JCI guarantees that Customer will achieve a total of $25,829,416 in Measured Project Benefits during the term of this Agreement, for Total Project Benefits of $26,817,964, as set forth in the Total Project Benefits table below. 2017-09-26 Agenda Packet Page 171 Table 2: Total Benefits (Overall Project) *Year 0 represents the construction period. Any savings that are projected to occur during this time period are not guaranteed. ** Utility Cost Avoidance figures in the table above are based on anticipated increases in unit energy costs as set forth in the table in Section IV below. Measured Non Measured Non Guaranteed Total Year Utility Cost Utility Cost Rebates Annual Avoidance** Avoidance**Benefits 0*$0 $226,894 $0 $226,894 1 $662,684 $15,679 $154,425 $832,788 2 $686,038 $16,224 $0 $702,263 3 $710,201 $16,789 $0 $726,989 4 $735,198 $17,372 $0 $752,570 5 $761,059 $17,975 $0 $779,034 6 $787,813 $18,599 $0 $806,412 7 $815,489 $19,244 $0 $834,733 8 $844,119 $19,910 $0 $864,029 9 $873,734 $20,599 $0 $894,333 10 $904,368 $21,312 $0 $925,680 11 $936,055 $22,048 $0 $958,103 12 $968,830 $22,809 $0 $991,639 13 $1,002,729 $23,596 $0 $1,026,325 14 $1,037,790 $24,410 $0 $1,062,199 15 $1,074,051 $25,250 $0 $1,099,301 16 $1,111,553 $26,119 $0 $1,137,672 17 $1,150,336 $27,017 $0 $1,177,353 18 $1,190,444 $27,945 $0 $1,218,389 19 $1,231,919 $28,904 $0 $1,260,823 20 $1,274,808 $29,895 $0 $1,304,703 21 $1,319,158 $30,919 $0 $1,350,076 22 $1,365,015 $31,977 $0 $1,396,992 23 $1,412,430 $33,070 $0 $1,445,500 24 $1,461,455 $34,200 $0 $1,495,654 25 $1,512,141 $35,367 $0 $1,547,508 Total $25,829,416 $834,123 $154,425 $26,817,964 2017-09-26 Agenda Packet Page 172 Within sixty (60) days of the commencement of the M&V Term, JCI will calculate the Measured Project Benefits achieved during the Installation Period plus any Non-Measured Project Benefits applicable to such period and advise Customer of same. Any Project Benefits achieved during the Installation Period may, at JCI’s discretion, be allocated to the Annual Project Benefits for the first year of the M&V Term. Within sixty (60) days of each anniversary of the commencement of the M&V Term, JCI will calculate the Measured Project Benefits achieved for the applicable year plus any Non-Measured Project Benefits applicable to such period during the M&V Term and advise Customer of same. Customer acknowledges and agrees that if, for any reason, it (i) cancels or terminates receipt of M&V Services, (ii) fails to pay for M&V Services in accordance with Schedule 4, (iii) fails to fulfill any of its responsibilities necessary to enable JCI to complete the Work and provide the M&V Services, or (iv) otherwise cancels, terminates or materially breaches this Agreement, the Assured Performance Guarantee shall automatically terminate and JCI shall have no liability hereunder. C. Project Benefits Shortfalls or Surpluses. (i) Project Benefits Shortfalls. If an Annual Project Benefits Shortfall occurs for any one year of the M&V Term, JCI shall, at its discretion and in any combination, (a) set off the amount of such shortfall against any unpaid balance Customer then owes to JCI, (b) where permitted by applicable law, increase the next year’s amount of Annual Project Benefits by the amount of such shortfall, (c) pay to Custom er the amount of such shortfall, or (d) subject to Customer’s agreement, provide to Customer additional products or services, in the value of such shortfall, at no additional cost to Customer; provided, however, that if such a Shortfall occurs in the last year of the M&V Term, then JCI shall not have the option set forth in clause (b). (ii) Project Benefits Surpluses. If an Annual Project Benefits Surplus occurs for any one year of the M&V Term, JCI may, at its discretion and in any combination, (a) apply the amount of such surplus to set off any subsequent Annual Project Benefit Shortfall during the M&V Term, or (b) bill Customer for the amount of payments made pursuant to Section C(i)(c) above and/or the value of the products or services provided pursuant to clause C(i)(d) above, in an amount not to exceed the amount of such surplus. Project Benefits Surpluses will be carried over from one guarantee year to the next and any such surpluses will accumulate over the M&V Term. This accumulated surplus will be utilized to set off any subsequent Annual Project Benefit Shortfall during the M&V Term. Any savings achieved during the installation period savings, which are not guaranteed, will also be included in the cumulative surplus savings. (iii) Additional Improvements. Where an Annual Project Benefits Shortfall has occurred, JCI may, subject to Customer’s approval (which approval shall not be unreasonably withheld, conditioned, or delayed), implement additional Improvement Measures, at no cost to Customer, which may generate additional Project Benefits in future years of the Guarantee Term. D. Energy Savings Dispute. To remedy a dispute over the Annual Project Benefits, both parties will mutually agree to select a disinterested third party engineer and agree to abide by the independent Engineer’s report. (i) Engineers Credentials. The Engineer shall be a California registered Professional Engineer (PE) in good standing. In addition, the Engineers shall be certified by the 2017-09-26 Agenda Packet Page 173 Association of Energy Engineers with the designations of a Certified Energy Manager (CEM) and Certified Measurement & Verification Professional (CMVP), (ii) Engineers Compensation. If the third party engineer’s review indicates a shortfall of greater than ten (10%) of JCI’s Annual Benefit Report, JCI, will reimburse the Customer for all reasonable costs for the third party engineer’s review costs. (iii) JCI’s Compensation. If the third party engineer’s review does not indicate an error of more than a ten (10%) percent shortfall of JCI’s Annual Project Benefits, the Customer will be responsible for JCI’s reasonable engineering costs to substantiate the savings report. E. Project Benefits Shortfalls or Surpluses at the end of the M&V Term At the end of the M&V Term, upon completion of the final Energy Year’s Savings Report, JCI will both (1) calculate the Annual Project Benefits Realized for that year, including any shortfall payments, and (2) determine whether the aggregate of the Annual Project Benefits Realized during the M&V Term (the “Total Realized Benefits”) exceed or are less than the aggregate of the Annual Project Benefits during the same time period (the “Total Anticipated Benefits”). If the Total Realized Benefits exceed the Total Anticipated Benefits, then savings guarantee shall have been met for the remaining Guarantee Term (years 6 through 25). If the Total Realized Benefits are short of the Total Anticipated Benefits, and the shortfall has not been otherwise mitigated by JCI, the average shortfall over the M&V Term will be multiplied by the twenty (20) years remaining on the Guarantee Term, and will be discounted, at the rate of two and one tenth percent (2.10%), to establish the net present value of the aggregate remaining shortfall. JCI will remit payment of the net present value of the aggregate remaining shortfall within 90 days of the determination. If the Total Realized Benefits are short of the Total Anticipated Benefits, and the shortfall has been mitigated by JCI, the average shortfall over the M&V Term, after offsetting the effects of JCI’s shortfall mitigation efforts, will be multiplied by the twenty (20) years remaining on the Guarantee Term, and will be discounted, at the rate of two and one tenth percent (2.10%), to establish the net present value of the aggregate remaining shortfall. JCI will remit payment of the net present value of the aggregate remaining shortfall within 90 days of the determination. 2017-09-26 Agenda Packet Page 174 II. MEASUREMENT AND VERIFICATION METHODOLOGIES The following is a brief overview of the measurement and verification methodologies applicable to the Improvement Measures set forth below. JCI shall apply these methodologies, as more fully detailed in the guidelines and standards of the International Performance Measurement and Verification Protocol (IPMVP) in connection with the provision of M&V Services hereunder. IPMVP Option A Retrofit Isolation: Key Parameter Measurement Measured Project Benefits are determined by partial field measurement of the energy use of the system(s) to which an Improvement Measure was applied separate from the energy use of the rest of the facility. Specific measurement means that some but not all parameters will be measured. Careful review of the design and installation of Improvement Measures is intended to demonstrate that the agreed upon parameters fairly represent the actual parameters. Agreed upon parameters will be shown in the measurement and verification plan. Engineering calculations using measurements and agreed upon parameters are used to calculate Measured Project Benefits for the duration of the M&V Term. In certain instances, as set forth in the Measurement & Verification Plan contained herein, pre-retrofit measurements will be taken during the construction period, and in advance of equipment installation, in order to establish certain baseline parameters. Measured Project Benefits from the following Improvement Measures will be calculated using Option A: Electric Rate Change(s) IPMVP Option B Retrofit Isolation: All Parameter Measurement Measured Project Benefits are determined by field measurement of the energy use of the systems to which an Improvement Measure was applied separate from the energy use of the rest of the facility. Short-term, long-term or continuous measurements are taken throughout the pre and post-retrofit periods. Engineering calculations using short term, long-term or continuous pre and post-retrofit measurements are used to calculate the Measured Project Benefits for the duration of the M&V Term. Measured Project Benefits from the following Improvement Measures will be calculated using IPMVP Option B: Table 3: Option B Applicable FIMs FIM NUMBER FIM S-1 Police Station PV System with Energy Storage S-2 Civic Center PV System S-3 Main Library PV System S-4 Public Works Facility PV System with Energy Storage S-5 South Library PV System S-6 Loma Verde Aquatic Center PV System S-7 Parkway Aquatic Center PV System S-8 Montevalle Rec Center PV System with Energy Storage S-9 Boys & Girls Club PV System S-10 Mount San Miguel Park PV System S-11 Animal Care PV System S-12 Salt Creek Recreation Center PV System 2017-09-26 Agenda Packet Page 175 CHANGES IN USE OR CONDITION; ADJUSTMENT TO BASELINE AND/OR ANNUAL PROJECT BENEFITS Customer agrees to notify JCI, within fourteen (14) days, of (i) any actual or intended change, whether before or during the Guarantee Term, in the use of any facility, equipment, or Improvement Measure to which this Schedule applies; (ii) any proposed or actual expansions or additions to the premises or any building or facility at the premises; (iii) a change to utility services to all or any portion of the premises; or (iv) any other change or condition arising before or during the M&V Term that reasonably could be expected to change the amount of Project Benefits realized under this Agreement. Such a change, expansion, addition, or condition would include, but is not limited to: (a) changes in the primary use of any facility, Improvement Measure, or portion of the premises; (b) changes to the hours of operation of any facility, Improvement Measure, or portion of the premises; (c) changes or modifications to the Improvement Measures or any related equipment; (d) changes to the M&V Services provided under this Agreement; (e) failure of any portion of the premises to meet building codes; (f) changes in utility suppliers, utility rates, method of utility billing, or method of utility purchasing; (g) insufficient or improper maintenance or unsound usage of the Improvement Measures or any related equipment at any facility or portion of the premises (other than by JCI); (h) changes to the Improvement Measures or any related equipment or to any facility or portion of the premises required by building codes or any governmental or quasi-governmental entity; (i) additions or deletions of Improvement Measures or any related equipment at any facility or portion of the premises; or (j) Customer’s failure to adhere to or satisfy its obligations as set forth in Schedule 3 to this Agreement. Such a change or condition need not be identified in the Baseline in order to permit JCI to make an adjustment to the Baseline and/or the Annual Project Benefits. If JCI does not receive the notice within the time period specified above or travels to either Customer’s location or the project site to determine the nature and scope of such changes, Customer agrees to pay JCI, in addition to any other amounts due under this Agreement, the applicable hourly consulting rate for the labor required to determine the changes and to make any adjustments and/or corrections to the project as a result of the changes, plus all reasonable and documented out of pocket expenses, including travel costs. Upon receipt of such notice, or if JCI independently learns of any such change or condition, JCI shall calculate and send to Customer a notice of adjustment to the Baseline and/or Annual Project Benefits to reflect the impact of such change or condition, and the adjustment shall become effective as of the date the change or condition first arose. Should Customer fail to promptly provide JCI with notice of any such change or condition, JCI may make reasonable estimates as to the impact of such change or condition and as to the date on which such change or condition first arose in calculating the impact of such change or condition, and such estimates shall be conclusive. 2017-09-26 Agenda Packet Page 176 III. NON-MEASURED PROJECT BENEFITS Peak Demand Savings from Solar PV M&V Option & Summary The savings associated with this measure are agreed upon based on the Savings Methodology shown below. It will be verified that the proposed scope has been implemented. Any deviation from the proposed scope and its impact to the guaranteed savings will be documented in the post installation report. Savings Methodology For every applicable site: 𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴 𝑆𝑆𝐴𝐴𝑆𝑆𝑆𝑆𝐴𝐴𝑆𝑆𝑆𝑆= 𝐵𝐵𝐴𝐴𝑆𝑆𝐵𝐵𝐴𝐴𝑆𝑆𝐴𝐴𝐵𝐵 𝐷𝐷𝐵𝐵𝐷𝐷𝐴𝐴𝐴𝐴𝐷𝐷 𝐶𝐶ℎ𝐴𝐴𝑎𝑎𝑆𝑆𝐵𝐵𝑆𝑆−𝑃𝑃𝑃𝑃𝑆𝑆𝑃𝑃 𝑃𝑃𝑃𝑃 𝐷𝐷𝐵𝐵𝐷𝐷𝐴𝐴𝐴𝐴𝐷𝐷 𝐶𝐶ℎ𝐴𝐴𝑎𝑎𝑆𝑆𝐵𝐵𝑆𝑆 W here 𝐵𝐵𝐴𝐴𝑆𝑆𝐵𝐵𝐴𝐴𝑆𝑆𝐴𝐴𝐵𝐵 𝐷𝐷𝐵𝐵𝐷𝐷𝐴𝐴𝐴𝐴𝐷𝐷 𝐶𝐶ℎ𝐴𝐴𝑎𝑎𝑆𝑆𝐵𝐵𝑆𝑆= 𝐵𝐵𝐴𝐴𝑆𝑆𝐵𝐵𝐴𝐴𝑆𝑆𝐴𝐴𝐵𝐵 𝐷𝐷𝐵𝐵𝐷𝐷𝐴𝐴𝐴𝐴𝐷𝐷 𝑃𝑃𝑎𝑎𝑃𝑃𝑃𝑃𝑆𝑆𝐴𝐴𝐵𝐵∗𝑃𝑃𝑎𝑎𝑃𝑃𝑃𝑃𝑃𝑃𝑆𝑆𝐵𝐵𝐷𝐷 𝑅𝑅𝐴𝐴𝑃𝑃𝐵𝐵 𝑆𝑆𝑆𝑆ℎ𝐵𝐵𝐷𝐷𝐴𝐴𝐴𝐴𝐵𝐵 And 𝑃𝑃𝑃𝑃𝑆𝑆𝑃𝑃 𝑃𝑃𝑃𝑃 𝐷𝐷𝐵𝐵𝐷𝐷𝐴𝐴𝐴𝐴𝐷𝐷 𝐶𝐶ℎ𝐴𝐴𝑎𝑎𝑆𝑆𝐵𝐵𝑆𝑆= (𝐵𝐵𝐴𝐴𝑆𝑆𝐵𝐵𝐴𝐴𝑆𝑆𝐴𝐴𝐵𝐵 𝐷𝐷𝐵𝐵𝐷𝐷𝐴𝐴𝐴𝐴𝐷𝐷 𝑃𝑃𝑎𝑎𝑃𝑃𝑃𝑃𝑆𝑆𝐴𝐴𝐵𝐵−𝑀𝑀𝑃𝑃𝐷𝐷𝐵𝐵𝐴𝐴𝐵𝐵𝐷𝐷 𝑆𝑆𝑃𝑃𝐴𝐴𝐴𝐴𝑎𝑎 𝐷𝐷𝐵𝐵𝐷𝐷𝐴𝐴𝐴𝐴𝐷𝐷 𝐼𝐼𝐷𝐷𝑃𝑃𝐴𝐴𝑆𝑆𝑃𝑃)∗𝑃𝑃𝑎𝑎𝑃𝑃𝑃𝑃𝑃𝑃𝑆𝑆𝐵𝐵𝐷𝐷 𝑅𝑅𝐴𝐴𝑃𝑃𝐵𝐵 𝑆𝑆𝑆𝑆ℎ𝐵𝐵𝐷𝐷𝐴𝐴𝐴𝐴𝐵𝐵 Installation Period M&V Activities Following the installation of the PV System, peak kW data will be collected utilizing the Data Acquistion System (DAS). Through this data collection it will be verified that the PV system is operating at its rated power. Based upon this verification, it shall be assumed that the PV systems will continue to produce approximately this rated power during all instances at which peak demand occurs at the facilities included in the proposed scoped of work. Table 4 shows the peak demand impact that the PV installation will have at each affected site. Table 4: PV System Peak Demand Savings Site Annual Max kW Savings Annual On Peak kW Savings Civic Center 387 421 Main Library 405 279 Animal Care 40 50 South Library 226 199 2017-09-26 Agenda Packet Page 177 Performance Period M&V Activities There are no performance period M&V activities associated with this FIM component. The savings verified based upon the installation period M&V activities will be agreed upon for the remainder of the guarantee term, subjected to applicable escalation rates. Customer agrees that the Non-Measured Project Benefits are reasonable and that the installation of the Improvement Measures will enable Customer to take actions that will result in the achievement of such Non-Measured Project Benefits. IV. BASELINE CALCULATIONS AND UTILITY RATES For the purpose of sizing the PV systems, the Baseline Utility usage for electricity represents the 12 month billed utility usage of the facilities for calendar year 2016; the most recent calendar year for which complete billing was made available. Due to the number of facilities included in the project, and the inconsistency by the utility in alignment of meter read dates and billing dates, the 12 month baseline period, for the purpose of this Agreement, means the usage and cost indicated on the 12 sequential bills for each account starting with the first bill received in calendar year 2016. For the purpose of calculating savings, the Baseline Utility usage for electricity represents the most recent 12 months of 15 minute interval data which was made available by SDGE. For each site, the start and end dates are as follows: Table 5: Baseline Interval Data Start and End Dates Site Name Interval Data Start Date Interval Data End Date Public Works/1800 Maxwell 5/1/2016 4/30/2017 Police Station 5/1/2016 4/30/2017 Civic Center 1 5/1/2016 4/30/2017 Civic Center 2 5/1/2016 4/30/2017 Civic Center 3 5/1/2016 4/30/2017 Main Library 5/1/2016 4/30/2017 Montevalle Rec Center 5/1/2016 4/30/2017 Salt Creek Rec Center 1/1/2016 12/31/2016 Loma Verde Aquatic Center 1/1/2016 12/31/2016 Parkway Community Center/Aquatic Center 1/1/2016 12/31/2016 Boys & Girls Club* 5/1/2016 4/30/2017 Mount San Miguel Park 1/1/2016 12/31/2016 Animal Care 5/1/2016 4/30/2017 South Library 5/1/2016 4/30/2017 2017-09-26 Agenda Packet Page 178 The Base Utility Cost shall be escalated annually by the actual utility cost escalation but such escalation shall be no less than the mutually agreed “floor” escalation rate of four percent (4%). The first year of savings is scheduled to occur in 2019 and therefore for Year 1 savings, the calculated savings were escalated for the 17 month expected duration of construction (1.42 years) at the rate of 4% each year. The annual energy cost escalation rate is shown in Table 6 and was mutually agreed upon during the Workshop conducted on August 9, 2017 between the Customer and JCI. Table 6: Utility Rate and O&M Escalation Year kWh kWh Net* kW kW Net* O&M Year 0 4.00% 4.00% 4.00% 4.00% 3.00% Year 1 4.00% 4.00% 4.00% 4.00% 3.00% Year 2 4.00% 3.48% 4.00% 3.48% 3.00% Year 3 4.00% 3.48% 4.00% 3.48% 3.00% Year 4 4.00% 3.47% 4.00% 3.47% 3.00% Year 5 4.00% 3.47% 4.00% 3.47% 3.00% Year 6 4.00% 3.47% 4.00% 3.47% 3.00% Year 7 4.00% 3.47% 4.00% 3.47% 3.00% Year 8 4.00% 3.46% 4.00% 3.46% 3.00% Year 9 4.00% 3.46% 4.00% 3.46% 3.00% Year 10 4.00% 3.46% 4.00% 3.46% 3.00% Year 11 4.00% 3.46% 4.00% 3.46% 3.00% Year 12 4.00% 3.45% 4.00% 3.45% 3.00% Year 13 4.00% 3.45% 4.00% 3.45% 3.00% Year 14 4.00% 3.45% 4.00% 3.45% 3.00% Year 15 4.00% 3.44% 4.00% 3.44% 3.00% Year 16 4.00% 3.44% 4.00% 3.44% 3.00% Year 17 4.00% 3.44% 4.00% 3.44% 3.00% Year 18 4.00% 3.43% 4.00% 3.43% 3.00% Year 19 4.00% 3.43% 4.00% 3.43% 3.00% Year 20 4.00% 3.43% 4.00% 3.43% 3.00% Year 21 4.00% 3.43% 4.00% 3.43% 3.00% Year 22 4.00% 3.42% 4.00% 3.42% 3.00% Year 23 4.00% 3.42% 4.00% 3.42% 3.00% Year 24 4.00% 3.42% 4.00% 3.42% 3.00% Year 25 4.00% 3.41% 4.00% 3.41% 3.00% *kWh Net and kW net represents the effective utility rate escalation applied to each year to account for 0.5% annual degradation in PV system output. 2017-09-26 Agenda Packet Page 179 Table 7: Existing SDGE Accounts and Applicable Rate Schedules FACILITY SDGE ACCOUNT SDGE ELEC. METER NUMBER CURRENT RATE SCHEDULE 2016 BASELINE USAGE [kWh] Police Station 8947375455 05892355 ASTODPSW 1,817 Police Station 666513104 06686908 ALTOU 2,154,176 Civic Center 2826466104 06686367 ALTOUCP2 573,051 Civic Center 1150613925 06687260 ALDGRCP2 305,699 Civic Center 2245280622 06687905 ALTOUDGR 236,504 Main Library 929572850 06686536 ALTOU 616,297 Public Works Facility 4969451834 06691465 ALTOUDGR 535,112 South Library 9412423289 06691822 ALTOU 502,557 Loma Verde Aquatic Center 9422134002 06579353 ALDGRCP2 217,614 Parkway Aquatic Center 1321687451 06686366 ALDGRCP2 114,507 Parkway Comm. Center 9196680108 06576932 ASTODPSW 40,288 Montevalle Rec Center 435606965 06562729 ALTOUDGR 195,883 Boys & Girls Club 1591153151 6416656 ASTODPSW 61,634 Boys & Girls Club 2716153152 6416654 ASTODPSW 20,834 Boys & Girls Club 3841153154 6416657 ASTODPSW 40,793 Boys & Girls Club 4966156092 6416655 ASTODPSW 7,631 Mount San Miguel Park 3091597986 06686356 ASTODPSW 157,817 Animal Care 4881094457 06686239 ALTOUCP2 118,881 Salt Creek Recreation Center 3324732606 06691696 ALDGRCP2 99,033 TOTAL 7,374,497 2017-09-26 Agenda Packet Page 180 Table 8: Public Works Demand Baseline Month Summer Season Winter Season On- Peak Part-Peak Off- Peak Max On- Peak Part-Peak Off- Peak Max Jan 0 0 0 0 253 283 228 283 Feb 0 0 0 0 232 270 267 270 Mar 0 0 0 0 262 295 296 296 Apr 0 0 0 0 176 287 322 322 May 0 0 0 0 219 340 370 370 Jun 200 296 343 343 0 0 0 0 Jul 210 277 292 292 0 0 0 0 Aug 188 244 275 275 0 0 0 0 Sep 215 310 265 310 0 0 0 0 Oct 238 248 260 260 0 0 0 0 Nov 0 0 0 0 245 278 201 278 Dec 0 0 0 0 269 272 211 272 1,051 1,376 1,434 1,851 1,656 2,025 1,895 2,591 Table 9: Montevalle Rec Center Demand Baseline Month Summer Season Winter Season On-Peak Part-Peak Off-Peak Max On-Peak Part-Peak Off-Peak Max Jan 0 0 0 0 172 53 44 172 Feb 0 0 0 0 200 143 36 200 Mar 0 0 0 0 225 153 50 225 Apr 0 0 0 0 225 165 34 225 May 0 0 0 0 159 139 33 159 Jun 167 159 29 167 0 0 0 0 Jul 162 158 64 162 0 0 0 0 Aug 192 115 59 192 0 0 0 0 Sep 227 102 52 227 0 0 0 0 Oct 204 106 81 204 0 0 0 0 Nov 0 0 0 0 239 90 79 239 Dec 0 0 0 0 200 71 40 200 952 640 285 1,197 1,420 814 317 1,676 2017-09-26 Agenda Packet Page 181 Table 10: Police Station Demand Baseline Month Summer Season Winter Season On-Peak Part-Peak Off-Peak Max On-Peak Part-Peak Off-Peak Max Jan 0 0 0 0 289 292 245 292 Feb 0 0 0 0 294 307 296 307 Mar 0 0 0 0 307 340 279 340 Apr 0 0 0 0 315 324 308 324 May 0 0 0 0 310 308 298 310 Jun 377 382 316 382 0 0 0 0 Jul 416 451 349 451 0 0 0 0 Aug 430 457 340 457 0 0 0 0 Sep 432 429 347 432 0 0 0 0 Oct 369 360 282 369 0 0 0 0 Nov 0 0 0 0 383 395 279 395 Dec 0 0 0 0 289 292 271 292 2,023 2,078 1,633 2,090 2,187 2,257 1,975 2,259 The valuation of electricity delivered by solar PV and energy storage systems, for the purpose of calculating Year 1 cost savings, prior to the application of utility rate escalation, shall be based on Table 11, Table 12 and 2017-09-26 Agenda Packet Page 182 Table 17. Table 11 and Table 12 summarize the current applicable rate schedules (Baseline Rate). 2017-09-26 Agenda Packet Page 183 Table 17 shows the proposed rate schedule that shall be applied to each meter (Proposed Rate). Table 11: Marginal Rates for Electricity Usage [$/kWh] SDGE RATE SCHEDULE SUMMER ON PEAK SUMMER OFF PEAK SUMMER SUPER OFF PEAK WINTER ON PEAK WINTER OFF PEAK WINTER SUPER OFF PEAK ASTODPSW $0.261790 $0.232910 $0.201940 $0.227640 $0.213330 $0.193510 ALTOU $0.127250 $0.117510 $0.086660 $0.115370 $0.099820 $0.078400 ALTOUCP2 $0.127252 $0.117512 $0.086662 $0.115372 $0.099820 $0.078402 ALDGRCP2 $0.174720 $0.164990 $0.134200 $0.162910 $0.147360 $0.125940 ALTOUDGR $0.364080 $0.233860 $0.192750 $0.158970 $0.150970 $0.140920 RESBCT-CPP $0.11776 $0.10803 $0.07724 $0.10595 $0.0904 $0.06898 *Includes transmission & distribution (UDC Total), commodity charges (Electric Energy Commodity Cost), miscellaneous charges (DWR Bond Charge), and taxes. Table 12: Marginal Rates for Electricity Demand [$/kW] SDGE RATE SCHEDULE SUMMER ON PEAK SUMMER OFF PEAK SUMMER SUPER OFF PEAK WINTER ON PEAK WINTER OFF PEAK WINTER SUPER OFF PEAK ASTODPSW $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 ALTOU $10.25 $0.00 $0.00 $7.57 $0.00 $24.51 ALTOUCP2 $10.25 $0.00 $0.00 $7.57 $0.00 $24.51 ALDGRCP2 $2.13 $0.00 $0.00 $0.66 $0.00 $12.26 ALTOUDGR $2.03 $0.00 $0.00 $0.61 $0.00 $11.34 RESBCT-CPP N/A N/A N/A N/A N/A N/A *Includes transmission & distribution (UDC Total), commodity charges (Electric Energy Commodity Cost), miscellaneous charges (DWR Bond Charge), and taxes. The application of these rates will vary according to the time of day when generation occurs and shall be based on the newly adopted Time of Use (TOU) periods. These are defined, for SDG&E, in the Proposed Decision of the California Public Utilities Commission (CPUC) entitled “DECISION ADOPTING REVENUE ALLOCATION AND RATE DESIGN FOR SAN DIEGO GAS & ELECTRIC COMPANY REV. 2” and dated 8/10/2017. The adopted TOU periods are as follows and presented in Table X. Table 13: Adopted TOU Periods (Weekdays) TOU Period Summer (June-October) Winter (November-May) On-peak 4:00 p.m.-9:00 p.m. 4:00 p.m.-9:00 p.m. Off-peak 6:00 a.m.-4:00 p.m.; 9:00 p.m.-midnight 6:00 a.m.-4:00 p.m. excluding 10:00 a.m.-2:00 p.m. in March and April; 9:00 p.m.-midnight Super-off-peak Midnight- 6:00 a.m. Midnight- 6:00 a.m.; 10:00 a.m.-2:00 p.m. in March and April Table 14: Adopted TOU Periods (Weekends and Holidays) TOU Period Summer (June-October) Winter (November-May) On-peak 4:00 p.m.-9:00 p.m. 4:00 p.m.-9:00 p.m. Off-peak 2:00 p.m.-4:00 p.m.; 9:00 p.m.-midnight 2:00 p.m.-4:00 p.m.; 9:00 p.m.-midnight Super-off-peak Midnight- 2:00 p.m. Midnight- 2:00 p.m. 2017-09-26 Agenda Packet Page 184 For the purpose of calculating the dollar value of savings during the performance period, blended effective electricity rates shall be used. Table 15 shows the blended rates to be utilized in recalculating the measured savings from the FIMs. The rates were calculated using Equation 1 and are based on dividing the Year 1 savings, prior to applying escalation, by the Year 1 savings in units of energy and power. Escalation shall be applied to calculate the final dollar value of savings. Equation 1: Blended Rate Calculation 𝐵𝐵𝐴𝐴𝐵𝐵𝐴𝐴𝐷𝐷𝐵𝐵𝐷𝐷 𝑅𝑅𝐴𝐴𝑃𝑃𝐵𝐵 �$𝑘𝑘𝑘𝑘ℎ 𝑃𝑃𝑎𝑎 𝑘𝑘𝑘𝑘�=𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴 𝐶𝐶𝑃𝑃𝑆𝑆𝑃𝑃 𝐴𝐴𝑆𝑆𝑃𝑃𝑆𝑆𝐷𝐷𝐴𝐴𝐴𝐴𝑆𝑆𝐵𝐵𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴 𝑘𝑘𝑘𝑘ℎ 𝑃𝑃𝑎𝑎 𝑘𝑘𝑘𝑘 𝑆𝑆𝐴𝐴𝑆𝑆𝑆𝑆𝐴𝐴𝑆𝑆𝑆𝑆 Table 15: Proposed Year 1 Blended Rate without Escalation Site Name Proposed Effective Rate ($/kWh) Proposed Effective Rate ($/kW) Public Works Facility $0.1819 $8.2580 Police Station $0.1049 $17.0277 Civic Center $0.1523 Main Library $0.1496 Montevalle Rec Center $0.1820 $6.7639 Salt Creek Recreation Center $0.1446 Loma Verde Aquatic Center $0.1427 Parkway Aquatic Center $0.1399 Boys & Girls Club $0.1993 Mount San Miguel Park $0.2008 Animal Care $0.1290 South Library $0.1244 2017-09-26 Agenda Packet Page 185 V. MODIFICATIONS TO UTILITY METERING AND RATES The valuation of electricity delivered by solar PV and energy storage systems, for the purpose of projecting cost savings, is also based on the applicable interconnection type; in addition to the values published in the rate schedules and the applicable TOU periods. Relevant terminology is described in Table 15. Table 16: Interconnection Terminology Terminology Description OAS Otherwise Applicable Schedule. These are the rate schedules (aka tariffs) that are currently in effect at each facility and, by which, the cost of electricity is valued. DGR Distributed Generation Renewable. This is an optional rate schedule made available by SDGE. The DGR schedule effectively transfers cost from the demand portion of the rate to the energy portion of the rate. This schedule provides financial benefits when solar PV offsets a large percentage of electricity usage at a site. This schedule can effect a financial penalty when solar PV offsets a small percentage of electricity usage at a site. NEM-ST Net Energy Metering Successor Tariff. This rate schedule enables customers to receive nearly full retail credit for the value of electricity produced using solar PV. Valuation is in accordance with the OAS. NEM-ST is generally applicable to single sites with single meters. NEM-ST Aggregation Net Energy Metering Aggregation. This Special Condition of rate schedule NEM- ST enables customers to aggregate loads (electricity usage) among multiple facilities. This enables customers to install solar at sites where it is more cost effective and receive bill credit on accounts, or meters, at other adjacent sites where installation may have been less cost effective. EG: The Chula Vista Police Station has little space available for solar PV, relative to the magnitude of its electrical load, and, so, can have its load offset, in addition to what can be produced on-site, by electricity generated at an adjacent City-owned property (Main Library). NEM-V-ST Virtual Net Energy Metering Successor Tariff. This rate schedule functions similarly to NEM-ST (and NEM-ST Aggregation) but applies to multi-tenant and multi-meter properties (EG: Chula Vista Civic Center). This rate schedule provides a method for installing solar PV at a single property with multiple meters and then obtain financial credit at each meter. This rate schedule does not provide for the aggregation of loads among multiple sites. The proposed interconnection types, and applicable rate schedules, are provided in 2017-09-26 Agenda Packet Page 186 Table 17. The modeling software ERSGAP uses the following methodology to apply utility rates: • Apply existing and proposed new rates to baseline consumption and demand for each site • Apply existing and proposed new rates to post retrofit solar and storage output for each site The modeling tool thus takes into account the impact of rate changes on the portion of the facility load profile which is unaffected by the solar and battery output(s). 2017-09-26 Agenda Packet Page 187 Table 17: Proposed Interconnection Types and Rate Schedules FACILITY SDGE ACCOUNT SDGE ELEC. METER NUMBER INTERCONNECTION TYPE PROPOSED RATE SCHEDULE Police Station 8947375455 05892355 NEM-ST ASTODPSW Police Station 666513104 06686908 NEM-ST ALTOU Civic Center 2826466104 06686367 NEM-ST ALDGR-CPP Civic Center 1150613925 06687260 NEM-ST ALDGR-CPP Civic Center 2245280622 06687905 NEM-ST ALTOUDGR Main Library 929572850 06686536 NEM-ST ALTOUDGR Public Works Facility 4969451834 06691465 NEM-ST ALTOUDGR South Library 9412423289 06691822 NEM-ST ALTOUDGR Loma Verde Aquatic Center 9422134002 06579353 NEM-ST ALDGR-CPP Parkway Aquatic Center 1321687451 06686366 NEM-ST [1] ALDGR-CPP Parkway Comm. Center 9196680108 06576932 NEM-ST [1] ALDGR-CPP Montevalle Rec Center 435606965 06562729 NEM-ST ALTOUDGR Boys & Girls Club 1591153151 6416656 NEM-V-ST [2] TOU-A Boys & Girls Club 2716153152 6416654 NEM-V-ST [2] TOU-A Boys & Girls Club 3841153154 6416657 NEM-V-ST [2] TOU-A Boys & Girls Club 4966156092 6416655 NEM-V-ST [2] TOU-A Mount San Miguel Park 3091597986 06686356 NEM-ST TOUAP Animal Care 4881094457 06686239 NEM-ST ALDGR-CPP Salt Creek Recreation Center 3324732606 06691696 NEM-ST ALDGR-CPP Note 1: The Boys & Girls Club is a single property with multiple meters. These will be aggregated together for the purpose of receiving generation credit from SDGE. Note 2: The Parkway Aquatic Center and Parkway Community Center loads will be aggregated under the terms of the NEM-ST Aggregation Special Condition. 2017-09-26 Agenda Packet Page 188 VI. MEASUREMENT & VERIFICATION ACTIVITIES JCI will perform the M&V Activities set forth below in connection with the Assured Performance Guarantee. Data records maintained in the ordinary course of system operation shall be used and relied upon by Johnson Controls in connection with the Measurement and Verification Activities. Johnson Controls will use commercially reasonable efforts to ensure the integrity of the data collected to calculate the required metrics. In the event data are lost due to equipment failure, power failure or other interruption in data collection, transmission or storage, Johnson Controls will use reasonable engineering methods to estimate or replace the lost data. Table 18: M&V Plan Summary FIM M&V Option Installation Period Activities Performance Period Activities Electric Rate Change(s) A Verify that proposed rate is effective through post-retrofit utility bill None. Agreed upon for the duration of the contract based on installation period verification, subject to escalation. PV Systems B Collect PV production (kW, kWh) and insolation data to recalculate savings. Verify proper installation and document changes in scope. Collect PV production (kW, kWh) and insolation data to recalculate savings. DES Systems B Collect DES demand output (kW) and compare to guaranteed output to recalculate savings. Verify proper installation and document changes in scope. Collect DES demand output (kW) and compare to guaranteed output to recalculate savings. 2017-09-26 Agenda Packet Page 189 FIM: Electric Rate Change(s) M&V Option and Summary The savings for this FIM will be verified using IPMVP Option A, Retrofit Isolation with Key Parameter Measurement. The savings for this FIM are generated through a reduction in utility costs by switching to a utility rate which provides a higher value for the PV system; therefore, the measurement boundary is the utility rate itself. Savings Methodology Savings from this FIM will be achieved as the result of changing the electric rate schedule from the Otherwise Applicable Schedule (OAS) to a rate schedule which provides a higher value for the electricity produced by the PV system; or by entering into an interconnection type agreement which enables the PV generation to be valued at a more favorable rate. Refer to 2017-09-26 Agenda Packet Page 190 Table 17 for details. The modeling software ERSGAP uses the following methodology to apply utility rates: • Apply existing and proposed new rates to baseline consumption and demand for each site • Apply existing and proposed new rates to post retrofit solar and storage output for each site The modeling tool thus takes into account the impact of rate changes on the portion of the facility load profile which is unaffected by the solar and battery output(s). 𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴 𝑆𝑆𝐴𝐴𝑆𝑆𝑆𝑆𝐴𝐴𝑆𝑆𝑆𝑆= 𝐵𝐵𝐴𝐴𝑆𝑆𝐵𝐵𝐴𝐴𝑆𝑆𝐴𝐴𝐵𝐵 𝐸𝐸𝐴𝐴𝐵𝐵𝑆𝑆𝑃𝑃𝑎𝑎𝑆𝑆𝑆𝑆𝑆𝑆𝑃𝑃𝐸𝐸 𝐶𝐶𝑃𝑃𝑆𝑆𝑃𝑃−𝑃𝑃𝑎𝑎𝑃𝑃𝑃𝑃𝑃𝑃𝑆𝑆𝐵𝐵𝐷𝐷 𝐸𝐸𝐴𝐴𝐵𝐵𝑆𝑆𝑃𝑃𝑎𝑎𝑆𝑆𝑆𝑆𝑆𝑆𝑃𝑃𝐸𝐸 𝐶𝐶𝑃𝑃𝑆𝑆𝑃𝑃 W here 𝐵𝐵𝐴𝐴𝑆𝑆𝐵𝐵𝐴𝐴𝑆𝑆𝐴𝐴𝐵𝐵 𝐸𝐸𝐴𝐴𝐵𝐵𝑆𝑆𝑃𝑃𝑎𝑎𝑆𝑆𝑆𝑆𝑆𝑆𝑃𝑃𝐸𝐸 𝐶𝐶𝑃𝑃𝑆𝑆𝑃𝑃=(𝐵𝐵𝐴𝐴𝑆𝑆𝐵𝐵𝐴𝐴𝑆𝑆𝐴𝐴𝐵𝐵 𝐸𝐸𝐴𝐴𝐵𝐵𝑆𝑆𝑃𝑃𝑎𝑎𝑆𝑆𝑆𝑆𝑆𝑆𝑃𝑃𝐸𝐸 𝑃𝑃𝑎𝑎𝑃𝑃𝑃𝑃𝑆𝑆𝐴𝐴𝐵𝐵−𝑀𝑀𝐵𝐵𝐴𝐴𝑆𝑆𝐴𝐴𝑎𝑎𝐵𝐵𝐷𝐷 𝑃𝑃𝑃𝑃 𝑘𝑘𝑘𝑘ℎ ±𝑘𝑘𝑘𝑘ℎ 𝐴𝐴𝐷𝐷𝐴𝐴𝐴𝐴𝑆𝑆𝑃𝑃𝐷𝐷𝐵𝐵𝐴𝐴𝑃𝑃𝑆𝑆)∗𝐶𝐶𝐴𝐴𝑎𝑎𝑎𝑎𝐵𝐵𝐴𝐴𝑃𝑃 𝑅𝑅𝐴𝐴𝑃𝑃𝐵𝐵 𝑆𝑆𝑆𝑆ℎ𝐵𝐵𝐷𝐷𝐴𝐴𝐴𝐴𝐵𝐵 And 𝑃𝑃𝑎𝑎𝑃𝑃𝑃𝑃𝑃𝑃𝑆𝑆𝐵𝐵𝐷𝐷 𝐸𝐸𝐴𝐴𝐵𝐵𝑆𝑆𝑃𝑃𝑎𝑎𝑆𝑆𝑆𝑆𝑆𝑆𝑃𝑃𝐸𝐸 𝐶𝐶𝑃𝑃𝑆𝑆𝑃𝑃=(𝐵𝐵𝐴𝐴𝑆𝑆𝐵𝐵𝐴𝐴𝑆𝑆𝐴𝐴𝐵𝐵 𝐸𝐸𝐴𝐴𝐵𝐵𝑆𝑆𝑃𝑃𝑎𝑎𝑆𝑆𝑆𝑆𝑆𝑆𝑃𝑃𝐸𝐸 𝑃𝑃𝑎𝑎𝑃𝑃𝑃𝑃𝑆𝑆𝐴𝐴𝐵𝐵−𝑀𝑀𝐵𝐵𝐴𝐴𝑆𝑆𝐴𝐴𝑎𝑎𝐵𝐵𝐷𝐷 𝑃𝑃𝑃𝑃 𝑘𝑘𝑘𝑘ℎ ±𝑘𝑘𝑘𝑘ℎ 𝐴𝐴𝐷𝐷𝐴𝐴𝐴𝐴𝑆𝑆𝑃𝑃𝐷𝐷𝐵𝐵𝐴𝐴𝑃𝑃𝑆𝑆)∗𝑃𝑃𝑎𝑎𝑃𝑃𝑃𝑃𝑃𝑃𝑆𝑆𝐵𝐵𝐷𝐷 𝑅𝑅𝐴𝐴𝑃𝑃𝐵𝐵 𝑆𝑆𝑆𝑆ℎ𝐵𝐵𝐷𝐷𝐴𝐴𝐴𝐴𝐵𝐵 W here 𝑘𝑘𝑘𝑘ℎ 𝐴𝐴𝐷𝐷𝐴𝐴𝐴𝐴𝑆𝑆𝑃𝑃𝐷𝐷𝐵𝐵𝐴𝐴𝑃𝑃𝑆𝑆=𝑀𝑀𝐵𝐵𝐴𝐴𝑆𝑆𝐴𝐴𝑎𝑎𝐵𝐵𝐷𝐷 𝑃𝑃𝑃𝑃 𝑘𝑘𝑘𝑘ℎ ∗ �1 −𝑀𝑀𝑃𝑃𝐷𝐷𝐵𝐵𝐴𝐴𝐵𝐵𝐷𝐷 𝑆𝑆𝑃𝑃𝐴𝐴𝐴𝐴𝑎𝑎 𝐼𝐼𝑎𝑎𝑎𝑎𝐴𝐴𝐷𝐷𝑆𝑆𝐴𝐴𝐴𝐴𝑆𝑆𝐵𝐵𝑀𝑀𝐵𝐵𝐴𝐴𝑆𝑆𝐴𝐴𝑎𝑎𝐵𝐵𝐷𝐷 𝑆𝑆𝑃𝑃𝐴𝐴𝐴𝐴𝑎𝑎 𝐼𝐼𝑎𝑎𝑎𝑎𝐴𝐴𝐷𝐷𝑆𝑆𝐴𝐴𝐴𝐴𝑆𝑆𝐵𝐵�+𝐿𝐿𝑃𝑃𝑆𝑆𝑃𝑃 𝑂𝑂𝐴𝐴𝑃𝑃𝑃𝑃𝐴𝐴𝑃𝑃 𝑘𝑘𝑘𝑘ℎ And 𝐿𝐿𝑃𝑃𝑆𝑆𝑃𝑃 𝑂𝑂𝐴𝐴𝑃𝑃𝑃𝑃𝐴𝐴𝑃𝑃 𝑘𝑘𝑘𝑘ℎ=𝐸𝐸𝑆𝑆𝑃𝑃𝑆𝑆𝐷𝐷𝐴𝐴𝑃𝑃𝐵𝐵𝐷𝐷 𝑘𝑘𝑘𝑘ℎ 𝐴𝐴𝑃𝑃𝑆𝑆𝑃𝑃 𝐷𝐷𝐴𝐴𝐵𝐵 𝑃𝑃𝑃𝑃 𝐷𝐷𝑃𝑃𝑑𝑑𝐴𝐴𝑃𝑃𝑆𝑆𝐷𝐷𝐵𝐵 𝑃𝑃𝑎𝑎 𝑃𝑃𝐴𝐴𝑎𝑎𝑃𝑃𝑆𝑆𝐴𝐴𝐴𝐴 𝑆𝑆𝐸𝐸𝑆𝑆𝑃𝑃𝐵𝐵𝐷𝐷 𝐷𝐷𝐴𝐴𝐷𝐷𝐴𝐴𝑆𝑆𝐵𝐵 𝑎𝑎𝐵𝐵𝐴𝐴𝐴𝐴𝑃𝑃𝐵𝐵𝐷𝐷 𝑃𝑃𝑃𝑃 𝐴𝐴𝑆𝑆𝑃𝑃𝑆𝑆 𝑃𝑃𝑃𝑃 𝐺𝐺𝑃𝑃𝐷𝐷,𝑆𝑆𝐴𝐴𝐴𝐴𝐷𝐷𝐴𝐴𝐴𝐴𝑆𝑆𝑆𝑆𝐷𝐷,𝐵𝐵𝑃𝑃𝑆𝑆. 2017-09-26 Agenda Packet Page 191 Installation Period M&V Activities Following the installation of the proposed scope, utility billing (SDG&E) will be inspected to verify that the proposed rate change and/or interconnection type, as proposed under this Agreement, is in effect. Refer to 2017-09-26 Agenda Packet Page 192 Table 17 for details. The cost savings will be deemed to have been achieved based on this verification. Performance Period M&V Activities There are no performance period M&V activities associated with this FIM. The savings recalculated based upon the installation period M&V activities will be agreed upon for the remainder of the guarantee term, subjected to applicable escalation rates. FIM PV Systems (All applicable sites) M&V Option and Summary The savings associated with this FIM will be measured using IPMVP Option B methodology. Measured Project Benefits are determined by field measurement of the energy use of the systems to which an Improvement Measure was applied separate from the energy use of the rest of the facility. Short-term, long- term or continuous measurements are taken throughout the pre and post-retrofit periods. Engineering calculations using short term, long-term or continuous pre and post-retrofit measurements are used to calculate the Measured Project Benefits for the duration of the M&V Term. Savings Calculation Methodology: Energy savings from these renewable resource FIMs result from the displacement of utility-provided electricity by PV array-produced electricity. The energy production of the PV system was estimated utilizing Typical Meteorlogical Year 3 (TMY3) weather data for Chula Vista Brownfield weather station. Hourly solar radiation data was used to calculate electrical energy output for a given PV array DC rating, AC derate factor and panel orientation. 𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴 𝑆𝑆𝐴𝐴𝑆𝑆𝑆𝑆𝐴𝐴𝑆𝑆𝑆𝑆= 𝐵𝐵𝐴𝐴𝑆𝑆𝐵𝐵𝐴𝐴𝑆𝑆𝐴𝐴𝐵𝐵 𝑘𝑘𝑘𝑘ℎ 𝐶𝐶ℎ𝐴𝐴𝑎𝑎𝑆𝑆𝐵𝐵𝑆𝑆−𝑃𝑃𝑃𝑃𝑆𝑆𝑃𝑃 𝑃𝑃𝑃𝑃 𝑘𝑘𝑘𝑘ℎ 𝐶𝐶ℎ𝐴𝐴𝑎𝑎𝑆𝑆𝐵𝐵𝑆𝑆 W here 𝐵𝐵𝐴𝐴𝑆𝑆𝐵𝐵𝐴𝐴𝑆𝑆𝐴𝐴𝐵𝐵 𝑘𝑘𝑘𝑘ℎ 𝐶𝐶ℎ𝐴𝐴𝑎𝑎𝑆𝑆𝐵𝐵𝑆𝑆=𝐵𝐵𝐴𝐴𝑆𝑆𝐵𝐵𝐴𝐴𝑆𝑆𝐴𝐴𝐵𝐵 𝑘𝑘𝑘𝑘ℎ 𝑃𝑃𝑎𝑎𝑃𝑃𝑃𝑃𝑆𝑆𝐴𝐴𝐵𝐵∗𝑃𝑃𝑎𝑎𝑃𝑃𝑃𝑃𝑃𝑃𝑆𝑆𝐵𝐵𝐷𝐷 𝑅𝑅𝐴𝐴𝑃𝑃𝐵𝐵 𝑆𝑆𝑆𝑆ℎ𝐵𝐵𝐷𝐷𝐴𝐴𝐴𝐴𝐵𝐵 And 𝑃𝑃𝑃𝑃𝑆𝑆𝑃𝑃 𝑃𝑃𝑃𝑃 𝑘𝑘𝑘𝑘ℎ 𝐶𝐶ℎ𝐴𝐴𝑎𝑎𝑆𝑆𝐵𝐵𝑆𝑆=(𝐵𝐵𝐴𝐴𝑆𝑆𝐵𝐵𝐴𝐴𝑆𝑆𝐴𝐴𝐵𝐵 𝑘𝑘𝑘𝑘ℎ 𝑃𝑃𝑎𝑎𝑃𝑃𝑃𝑃𝑆𝑆𝐴𝐴𝐵𝐵−𝑀𝑀𝐵𝐵𝐴𝐴𝑆𝑆𝐴𝐴𝑎𝑎𝐵𝐵𝐷𝐷 𝑃𝑃𝑃𝑃 𝑘𝑘𝑘𝑘ℎ ±𝑘𝑘𝑘𝑘ℎ 𝐴𝐴𝐷𝐷𝐴𝐴𝐴𝐴𝑆𝑆𝑃𝑃𝐷𝐷𝐵𝐵𝐴𝐴𝑃𝑃𝑆𝑆)∗𝑃𝑃𝑎𝑎𝑃𝑃𝑃𝑃𝑃𝑃𝑆𝑆𝐵𝐵𝐷𝐷 𝑅𝑅𝐴𝐴𝑃𝑃𝐵𝐵 𝑆𝑆𝑆𝑆ℎ𝐵𝐵𝐷𝐷𝐴𝐴𝐴𝐴𝐵𝐵 So 𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴 𝑆𝑆𝐴𝐴𝑆𝑆𝑆𝑆𝐴𝐴𝑆𝑆𝑆𝑆= (𝑀𝑀𝐵𝐵𝐴𝐴𝑆𝑆𝐴𝐴𝑎𝑎𝐵𝐵𝐷𝐷 𝑃𝑃𝑃𝑃 𝑘𝑘𝑘𝑘ℎ ±𝑘𝑘𝑘𝑘ℎ 𝐴𝐴𝐷𝐷𝐴𝐴𝐴𝐴𝑆𝑆𝑃𝑃𝐷𝐷𝐵𝐵𝐴𝐴𝑃𝑃𝑆𝑆)∗𝑃𝑃𝑎𝑎𝑃𝑃𝑃𝑃𝑃𝑃𝑆𝑆𝐵𝐵𝐷𝐷 𝑅𝑅𝐴𝐴𝑃𝑃𝐵𝐵 𝑆𝑆𝑆𝑆ℎ𝐵𝐵𝐷𝐷𝐴𝐴𝐴𝐴𝐵𝐵 And by substituting a blended effective rate, specific to each site, in place of the proposed rate schedule 2017-09-26 Agenda Packet Page 193 𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴 𝑆𝑆𝐴𝐴𝑆𝑆𝑆𝑆𝐴𝐴𝑆𝑆𝑆𝑆= �𝑀𝑀𝐵𝐵𝐴𝐴𝑆𝑆𝐴𝐴𝑎𝑎𝐵𝐵𝐷𝐷 𝑃𝑃𝑃𝑃 𝑘𝑘𝑘𝑘ℎ ∗ � 𝑀𝑀𝑃𝑃𝐷𝐷𝐵𝐵𝐴𝐴𝐵𝐵𝐷𝐷 𝑆𝑆𝑃𝑃𝐴𝐴𝐴𝐴𝑎𝑎 𝐼𝐼𝑎𝑎𝑎𝑎𝐴𝐴𝐷𝐷𝑆𝑆𝐴𝐴𝐴𝐴𝑆𝑆𝐵𝐵𝑀𝑀𝐵𝐵𝐴𝐴𝑆𝑆𝐴𝐴𝑎𝑎𝐵𝐵𝐷𝐷 𝑆𝑆𝑃𝑃𝐴𝐴𝐴𝐴𝑎𝑎 𝐼𝐼𝑎𝑎𝑎𝑎𝐴𝐴𝐷𝐷𝑆𝑆𝐴𝐴𝐴𝐴𝑆𝑆𝐵𝐵� ±𝑘𝑘𝑘𝑘ℎ 𝐴𝐴𝐷𝐷𝐴𝐴𝐴𝐴𝑆𝑆𝑃𝑃𝐷𝐷𝐵𝐵𝐴𝐴𝑃𝑃𝑆𝑆�∗𝐸𝐸𝑃𝑃𝑃𝑃𝐵𝐵𝑆𝑆𝑃𝑃𝑆𝑆𝑆𝑆𝐵𝐵 𝑘𝑘𝑘𝑘ℎ 𝑅𝑅𝐴𝐴𝑃𝑃𝐵𝐵 Where 𝑘𝑘𝑘𝑘ℎ 𝐴𝐴𝐷𝐷𝐴𝐴𝐴𝐴𝑆𝑆𝑃𝑃𝐷𝐷𝐵𝐵𝐴𝐴𝑃𝑃𝑆𝑆=𝐸𝐸𝑆𝑆𝑃𝑃𝑆𝑆𝐷𝐷𝐴𝐴𝑃𝑃𝐵𝐵𝐷𝐷 𝑘𝑘𝑘𝑘ℎ 𝐴𝐴𝑃𝑃𝑆𝑆𝑃𝑃 𝐷𝐷𝐴𝐴𝐵𝐵 𝑃𝑃𝑃𝑃 𝐷𝐷𝑃𝑃𝑑𝑑𝐴𝐴𝑃𝑃𝑆𝑆𝐷𝐷𝐵𝐵 𝑃𝑃𝑎𝑎 𝑃𝑃𝐴𝐴𝑎𝑎𝑃𝑃𝑆𝑆𝐴𝐴𝐴𝐴 𝑆𝑆𝐸𝐸𝑆𝑆𝑃𝑃𝐵𝐵𝐷𝐷 𝐷𝐷𝐴𝐴𝐷𝐷𝐴𝐴𝑆𝑆𝐵𝐵 𝑎𝑎𝐵𝐵𝐴𝐴𝐴𝐴𝑃𝑃𝐵𝐵𝐷𝐷 𝑃𝑃𝑃𝑃 𝐴𝐴𝑆𝑆𝑃𝑃𝑆𝑆 𝑃𝑃𝑃𝑃 𝐺𝐺𝑃𝑃𝐷𝐷,𝑆𝑆𝐴𝐴𝐴𝐴𝐷𝐷𝐴𝐴𝐴𝐴𝑆𝑆𝑆𝑆𝐷𝐷,𝐵𝐵𝑃𝑃𝑆𝑆. Installation Period M&V Activities Installation of the proposed scope of work will be verified following acceptance of the project. Any deviation from the proposed scope of work will be documented and its impact on the guaranteed energy savings will be evaluated. It should be noted that the installation period savings are not guaranteed. However, the benefit achieved during the installation period will be calculated using the same methodology as described in the Performance Period M&V Activities section below and documented in the post installation report. Performance Period M&V Activities JCI will validate the energy production and savings realized from the implementation of this FIM by collecting information on key variables on key variables associated with this FIM utilizing a data acquisition system (DAS). The data on the following variables will be collected on a monthly basis: • Solar Insolation (Global Horizontal) (kWh/m2) • PV system electricity production (kW and kWh) The data will be accessed remotely by JCI and will require authorization for remote access. Using an Excel based spreadsheet, JCI will compile the data on the PV Systems’ actual performance for use in determining the Performance Period Energy. The data will be subjected to the following set of equations in order to recalculate savings and will be compared with the guaranteed savings to reconcile the savings guarantee on an annual basis. Table 19: Annual Degradation Factor Guarantee Year Annual Degradation Factor Year 1 0% Year 2 to Year 25 0.5% 2017-09-26 Agenda Packet Page 194 Table 20 shows the proposed annual production along with PV capacity (kW) for each site. The annual PV production (kWh) is shown for the duration of the M&V Term. Table 20: Proposed Performance Period PV Energy Production 1 1 The guarantee reconciliation for a given performance year will be based on the total PV production for all the applicable sites. Nameplate Year 1 Year 2 Year 3 Year 4 Year 5 Facility Capacity Production Production Production Production Production [kW][kWh] [kWh] [kWh] [kWh] [kWh] Police Station 343 535,301 532,625 529,948 527,272 524,595 Civic Center 700 1,062,636 1,057,322 1,052,009 1,046,696 1,041,383 Main Library 368 577,505 574,618 571,730 568,843 565,955 Public Works 323 512,597 510,034 507,471 504,908 502,345 South Library 187 282,920 281,506 280,091 278,676 277,262 Loma Verde 110 180,620 179,717 178,814 177,911 177,007 Parkway Aquatic Center 85 123,974 123,354 122,734 122,114 121,494 Montevalle 82 128,218 127,577 126,936 126,295 125,654 Boys & Girls Club 70 99,057 98,562 98,067 97,572 97,076 Mount San Miguel 64 97,448 96,961 96,474 95,987 95,499 Animal Care 61 91,838 91,379 90,919 90,460 90,001 Salt Creek 44 70,610 70,257 69,904 69,551 69,198 Total Guaranteed Production NA 3,762,725 3,743,911 3,725,097 3,706,284 3,687,470 2017-09-26 Agenda Packet Page 195 Table 21 shows the baseline insolation data. Table 21: Baseline Monthly Irradiance Data (kWh/m2) Month Global Horizontal Insolation (kWh/m2) January 103.14 February 104.63 March 142.86 April 202.37 May 205.99 June 210.28 July 236.74 August 219.71 September 166.65 October 128.55 November 105.51 December 98.43 Total 1,924.85 2017-09-26 Agenda Packet Page 196 FIM ESS Systems (All applicable sites) M&V Option and Summary The savings associated with this FIM will be measured using IPMVP Option B methodology. Measured Project Benefits are determined by field measurement of the energy use of the systems to which an Improvement Measure was applied separate from the energy use of the rest of the facility. Short-term, long- term or continuous measurements are taken throughout the pre and post-retrofit periods. Engineering calculations using short term, long-term or continuous pre and post-retrofit measurements are used to calculate the Measured Project Benefits for the duration of the M&V Term. Savings Calculation Methodology: Energy savings from these renewable resource FIMs result from the electricity discharge of the Distributed Energy Storage (DES) Systems (where applicable) to limit certain peak demand. The DES savings analysis was performed with 2016 electric 15-minute demand data obtained for the affected utility electric meters. The data was loaded into a proprietary spreadsheet tool used by Johnson Controls to model savings from the DES. The actual current utility rates were incorporated into this spreadsheet model. The proprietary spreadsheet tool used for the analysis is called ERSGAP, which stands for Electric Rate Schedule Generation Analysis Program. This tool was used to model the campus electrical demand in half-hourly increments for a one-year period, both with and without the energy storage system. The tool is able to model various system sizes for each of these proposed measures, and to then evaluate the effect on Chula Vista’s (for sites included in the scope of work) electric consumption from each modeled case. The savings for each of the modeled FIMs is essentially the reduction in the electric consumption seen in the model for that FIM. The model included Chula Vista’s actual electrical demand data for 15-minute increments for the calendar year 2016, along with a detailed model of the current utility rate structure(s). System initial and ongoing costs are modeled in the program as well. Using all of this data, the spreadsheet is able to perform an economic performance analysis for the term of the project, to look at the system components that maximize the long-term payback. Installation Period M&V Activities Installation of the proposed scope of work will be verified following acceptance of the project. Any deviation from the proposed scope of work will be documented and its impact on the guaranteed energy savings will be evaluated. It should be noted that the installation period savings are not guaranteed. However, the benefit achieved during the installation period will be calculated using the same methodology as described in the Performance Period M&V Activities section below and documented in the post installation report. Performance Period M&V Activities Interval demand (kW) data sampled every 15 minutes will be collected on a monthly basis, utilizing a data acquisition system that archives data for the following key variabes: • Facility/Site Interval Data (kW)2 • ESS Output (kW) 2 A facility meter mirroring the utility meter will be installed in order to validate the impact of the DES system on the site demand data (kW) 2017-09-26 Agenda Packet Page 197 • Solar PV Production (kW) The data will be accessed remotely by JCI and will require authorization for remote access. Based on the collected interval demand data, a demand profile will be created for a given site. The post-retrofit demand expenditure for the site will then be calculated by applying the applicable proposed rate schedule as outlined in 2017-09-26 Agenda Packet Page 198 Table 17. This post-retrofit interval demand profile will also be subjected to the baseline utility rates as outlined in Table 7 to calculate baseline demand expenditure. The difference between the baseline demand expenditure and post-retrofit demand expenditure will compared to the guaranteed demand cost avoidance associated with this FIM to reconcile the guarantee. Using an Excel based spreadsheet, JCI will compile the data on the DES System’s actual performance for use in determining the Performance Period Energy. The data will be subjected to the following set of equations in order to recalcualte savings and will be compared with the guaranteed savings to reconcile the savings guarantee on an annual basis. The following set of equations will be utilized to recalculate savings. The savings for the ESS are calculated after the application of solar PV to the baseline demand profile: 𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴 𝑆𝑆𝐴𝐴𝑆𝑆𝑆𝑆𝐴𝐴𝑆𝑆𝑆𝑆= 𝐴𝐴𝐷𝐷𝐴𝐴𝐴𝐴𝑆𝑆𝑃𝑃𝐵𝐵𝐷𝐷 𝐵𝐵𝐴𝐴𝑆𝑆𝐵𝐵𝐴𝐴𝑆𝑆𝐴𝐴𝐵𝐵 𝐷𝐷𝐵𝐵𝐷𝐷𝐴𝐴𝐴𝐴𝐷𝐷 𝐶𝐶ℎ𝐴𝐴𝑎𝑎𝑆𝑆𝐵𝐵𝑆𝑆−𝑃𝑃𝑃𝑃𝑆𝑆𝑃𝑃 𝐸𝐸𝑆𝑆𝑆𝑆 𝐷𝐷𝐵𝐵𝐷𝐷𝐴𝐴𝐴𝐴𝐷𝐷 𝐶𝐶ℎ𝐴𝐴𝑎𝑎𝑆𝑆𝐵𝐵𝑆𝑆 W here 𝐴𝐴𝐷𝐷𝐴𝐴𝐴𝐴𝑆𝑆𝑃𝑃𝐵𝐵𝐷𝐷 𝐵𝐵𝐴𝐴𝑆𝑆𝐵𝐵𝐴𝐴𝑆𝑆𝐴𝐴𝐵𝐵 𝐷𝐷𝐵𝐵𝐷𝐷𝐴𝐴𝐴𝐴𝐷𝐷 𝐶𝐶ℎ𝐴𝐴𝑎𝑎𝑆𝑆𝐵𝐵𝑆𝑆= (𝑀𝑀𝐵𝐵𝐴𝐴𝑆𝑆𝐴𝐴𝑎𝑎𝐵𝐵𝐷𝐷 𝐷𝐷𝐵𝐵𝐷𝐷𝐴𝐴𝐴𝐴𝐷𝐷 𝑃𝑃𝑎𝑎𝑃𝑃𝑃𝑃𝑆𝑆𝐴𝐴𝐵𝐵+𝑀𝑀𝐵𝐵𝐴𝐴𝑆𝑆𝐴𝐴𝑎𝑎𝐵𝐵𝐷𝐷 𝑃𝑃𝑃𝑃 𝐷𝐷𝐵𝐵𝐷𝐷𝐴𝐴𝐴𝐴𝐷𝐷 𝐼𝐼𝐷𝐷𝑃𝑃𝐴𝐴𝑆𝑆𝑃𝑃+𝑀𝑀𝐵𝐵𝐴𝐴𝑆𝑆𝐴𝐴𝑎𝑎𝐵𝐵𝐷𝐷 𝐸𝐸𝑆𝑆𝑆𝑆 𝐷𝐷𝐵𝐵𝐷𝐷𝐴𝐴𝐴𝐴𝐷𝐷 𝑅𝑅𝐵𝐵𝐷𝐷𝐴𝐴𝑆𝑆𝑃𝑃𝑆𝑆𝑃𝑃𝐴𝐴±𝑘𝑘𝑘𝑘 𝐴𝐴𝐷𝐷𝐴𝐴𝐴𝐴𝑆𝑆𝑃𝑃𝐷𝐷𝐵𝐵𝐴𝐴𝑃𝑃𝑆𝑆)∗𝑃𝑃𝑎𝑎𝑃𝑃𝑃𝑃𝑃𝑃𝑆𝑆𝐵𝐵𝐷𝐷 𝑅𝑅𝐴𝐴𝑃𝑃𝐵𝐵 𝑆𝑆𝑆𝑆ℎ𝐵𝐵𝐷𝐷𝐴𝐴𝐴𝐴𝐵𝐵 And 𝑃𝑃𝑃𝑃𝑆𝑆𝑃𝑃 𝐸𝐸𝑆𝑆𝑆𝑆 𝐷𝐷𝐵𝐵𝐷𝐷𝐴𝐴𝐴𝐴𝐷𝐷 𝐶𝐶ℎ𝐴𝐴𝑎𝑎𝑆𝑆𝐵𝐵𝑆𝑆= (𝑀𝑀𝐵𝐵𝐴𝐴𝑆𝑆𝐴𝐴𝑎𝑎𝐵𝐵𝐷𝐷 𝐷𝐷𝐵𝐵𝐷𝐷𝐴𝐴𝐴𝐴𝐷𝐷 𝑃𝑃𝑎𝑎𝑃𝑃𝑃𝑃𝑆𝑆𝐴𝐴𝐵𝐵+𝑀𝑀𝐵𝐵𝐴𝐴𝑆𝑆𝐴𝐴𝑎𝑎𝐵𝐵𝐷𝐷 𝑃𝑃𝑃𝑃 𝐷𝐷𝐵𝐵𝐷𝐷𝐴𝐴𝐴𝐴𝐷𝐷 𝐼𝐼𝐷𝐷𝑃𝑃𝐴𝐴𝑆𝑆𝑃𝑃±𝑘𝑘𝑘𝑘 𝐴𝐴𝐷𝐷𝐴𝐴𝐴𝐴𝑆𝑆𝑃𝑃𝐷𝐷𝐵𝐵𝐴𝐴𝑃𝑃𝑆𝑆)∗𝑃𝑃𝑎𝑎𝑃𝑃𝑃𝑃𝑃𝑃𝑆𝑆𝐵𝐵𝐷𝐷 𝑅𝑅𝐴𝐴𝑃𝑃𝐵𝐵 𝑆𝑆𝑆𝑆ℎ𝐵𝐵𝐷𝐷𝐴𝐴𝐴𝐴𝐵𝐵 So 𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴 𝑆𝑆𝐴𝐴𝑆𝑆𝑆𝑆𝐴𝐴𝑆𝑆𝑆𝑆=(𝑀𝑀𝐵𝐵𝐴𝐴𝑆𝑆𝐴𝐴𝑎𝑎𝐵𝐵𝐷𝐷 𝐸𝐸𝑆𝑆𝑆𝑆 𝐷𝐷𝐵𝐵𝐷𝐷𝐴𝐴𝐴𝐴𝐷𝐷 𝐼𝐼𝐷𝐷𝑃𝑃𝐴𝐴𝑆𝑆𝑃𝑃 ±𝑘𝑘𝑘𝑘 𝐴𝐴𝐷𝐷𝐴𝐴𝐴𝐴𝑆𝑆𝑃𝑃𝐷𝐷𝐵𝐵𝐴𝐴𝑃𝑃𝑆𝑆)∗𝑃𝑃𝑎𝑎𝑃𝑃𝑃𝑃𝑃𝑃𝑆𝑆𝐵𝐵𝐷𝐷 𝑅𝑅𝐴𝐴𝑃𝑃𝐵𝐵 𝑆𝑆𝑆𝑆ℎ𝐵𝐵𝐷𝐷𝐴𝐴𝐴𝐴𝐵𝐵 And by substituting a blended effective rate, specific to each site, in place of the proposed rate schedule 𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴 𝑆𝑆𝐴𝐴𝑆𝑆𝑆𝑆𝐴𝐴𝑆𝑆𝑆𝑆= (𝑀𝑀𝐵𝐵𝐴𝐴𝑆𝑆𝐴𝐴𝑎𝑎𝐵𝐵𝐷𝐷 𝐸𝐸𝑆𝑆𝑆𝑆 𝐷𝐷𝐵𝐵𝐷𝐷𝐴𝐴𝐴𝐴𝐷𝐷 𝐼𝐼𝐷𝐷𝑃𝑃𝐴𝐴𝑆𝑆𝑃𝑃 ±𝑘𝑘𝑘𝑘 𝐴𝐴𝐷𝐷𝐴𝐴𝐴𝐴𝑆𝑆𝑃𝑃𝐷𝐷𝐵𝐵𝐴𝐴𝑃𝑃𝑆𝑆)∗𝐸𝐸𝑃𝑃𝑃𝑃𝐵𝐵𝑆𝑆𝑃𝑃𝑆𝑆𝑆𝑆𝐵𝐵 𝑘𝑘𝑘𝑘 𝑅𝑅𝐴𝐴𝑃𝑃𝐵𝐵 Where 𝑘𝑘𝑘𝑘 𝐴𝐴𝐷𝐷𝐴𝐴𝐴𝐴𝑆𝑆𝑃𝑃𝐷𝐷𝐵𝐵𝐴𝐴𝑃𝑃𝑆𝑆=𝐿𝐿𝑃𝑃𝑆𝑆𝑃𝑃 𝑂𝑂𝐴𝐴𝑃𝑃𝑃𝑃𝐴𝐴𝑃𝑃 𝑘𝑘𝑘𝑘±𝐹𝐹𝐴𝐴𝑆𝑆𝑆𝑆𝐴𝐴𝑆𝑆𝑃𝑃𝐸𝐸 𝐿𝐿𝑃𝑃𝐴𝐴𝐷𝐷 𝑃𝑃𝑎𝑎𝑃𝑃𝑃𝑃𝑆𝑆𝐴𝐴𝐵𝐵 𝐶𝐶ℎ𝐴𝐴𝐴𝐴𝑆𝑆𝐵𝐵𝑆𝑆 And 𝐿𝐿𝑃𝑃𝑆𝑆𝑃𝑃 𝑂𝑂𝐴𝐴𝑃𝑃𝑃𝑃𝐴𝐴𝑃𝑃 𝑘𝑘𝑘𝑘=𝐸𝐸𝑆𝑆𝑃𝑃𝑆𝑆𝐷𝐷𝐴𝐴𝑃𝑃𝐵𝐵𝐷𝐷 𝑘𝑘𝑘𝑘 𝐴𝐴𝑃𝑃𝑆𝑆𝑃𝑃 𝐷𝐷𝐴𝐴𝐵𝐵 𝑃𝑃𝑃𝑃 𝐷𝐷𝑃𝑃𝑑𝑑𝐴𝐴𝑃𝑃𝑆𝑆𝐷𝐷𝐵𝐵 𝑃𝑃𝑎𝑎 𝑃𝑃𝐴𝐴𝑎𝑎𝑃𝑃𝑆𝑆𝐴𝐴𝐴𝐴 𝑆𝑆𝐸𝐸𝑆𝑆𝑃𝑃𝐵𝐵𝐷𝐷 𝐷𝐷𝐴𝐴𝐷𝐷𝐴𝐴𝑆𝑆𝐵𝐵 𝑎𝑎𝐵𝐵𝐴𝐴𝐴𝐴𝑃𝑃𝐵𝐵𝐷𝐷 𝑃𝑃𝑃𝑃 𝐴𝐴𝑆𝑆𝑃𝑃𝑆𝑆 𝑃𝑃𝑃𝑃 𝐺𝐺𝑃𝑃𝐷𝐷,𝑆𝑆𝐴𝐴𝐴𝐴𝐷𝐷𝐴𝐴𝐴𝐴𝑆𝑆𝑆𝑆𝐷𝐷,𝐵𝐵𝑃𝑃𝑆𝑆. 2017-09-26 Agenda Packet Page 199 And 𝐹𝐹𝐴𝐴𝑆𝑆𝑆𝑆𝐴𝐴𝑆𝑆𝑃𝑃𝐸𝐸 𝐿𝐿𝑃𝑃𝐴𝐴𝐷𝐷 𝑃𝑃𝑎𝑎𝑃𝑃𝑃𝑃𝑆𝑆𝐴𝐴𝐵𝐵 𝐶𝐶ℎ𝐴𝐴𝐴𝐴𝑆𝑆𝐵𝐵𝑆𝑆= 𝐸𝐸𝑆𝑆𝑃𝑃𝑆𝑆𝐷𝐷𝐴𝐴𝑃𝑃𝐵𝐵𝐷𝐷 𝑘𝑘𝑘𝑘 𝐴𝐴𝑃𝑃𝑆𝑆𝑃𝑃 𝐷𝐷𝐴𝐴𝐵𝐵 𝑃𝑃𝑃𝑃 𝐷𝐷𝑆𝑆𝑃𝑃𝑃𝑃𝐵𝐵𝑎𝑎𝐵𝐵𝐴𝐴𝑆𝑆𝐵𝐵𝑆𝑆 𝑏𝑏𝐵𝐵𝑃𝑃𝑑𝑑𝐵𝐵𝐵𝐵𝐴𝐴 𝑃𝑃𝐵𝐵𝐴𝐴𝑘𝑘 𝐷𝐷𝐵𝐵𝐷𝐷𝐴𝐴𝐴𝐴𝐷𝐷 𝐷𝐷𝐵𝐵𝐴𝐴𝑆𝑆𝐴𝐴𝑎𝑎𝐵𝐵𝐷𝐷 𝐷𝐷𝐴𝐴𝑎𝑎𝑆𝑆𝐴𝐴𝑆𝑆 𝑃𝑃ℎ𝐵𝐵 𝑃𝑃𝐵𝐵𝑎𝑎𝑃𝑃𝑃𝑃𝑎𝑎𝐷𝐷𝐴𝐴𝐴𝐴𝑆𝑆𝐵𝐵 𝑃𝑃𝐵𝐵𝑎𝑎𝑆𝑆𝑃𝑃𝐷𝐷 𝐴𝐴𝑆𝑆 𝑆𝑆𝑃𝑃𝐷𝐷𝑃𝑃𝐴𝐴𝑎𝑎𝐵𝐵𝐷𝐷 𝑑𝑑𝑆𝑆𝑃𝑃ℎ 𝑏𝑏𝐴𝐴𝑆𝑆𝐵𝐵𝐴𝐴𝑆𝑆𝐴𝐴𝐵𝐵 𝑆𝑆𝐴𝐴𝑃𝑃𝐵𝐵𝑎𝑎𝑆𝑆𝐴𝐴𝐴𝐴 𝐷𝐷𝐴𝐴𝑃𝑃𝐴𝐴; 𝑆𝑆𝐴𝐴 𝑃𝑃𝐵𝐵𝑎𝑎𝐷𝐷𝑆𝑆 𝑃𝑃𝑃𝑃 𝐷𝐷𝐴𝐴𝑎𝑎𝐴𝐴𝑃𝑃𝑆𝑆𝑃𝑃𝐴𝐴 𝑃𝑃𝑎𝑎 𝐷𝐷𝐴𝐴𝑆𝑆𝐴𝐴𝑆𝑆𝑃𝑃𝐴𝐴𝐷𝐷𝐵𝐵 𝑃𝑃𝑃𝑃 𝑃𝑃𝐵𝐵𝐴𝐴𝑘𝑘𝑆𝑆 Baseline Adjustments: Baseline adjustments will be claimed for the following events (not limited to): • A change in operation, building addition etc. that causes facility demand to increase beyond the baseline demand as published in Schedule 2, Section IV. • If the post retrofit demand profile is significantly higher the baseline demand data (peak demand is higher than baseline peak demand in any given month, of a duration longer than 2 hours or multiple spikes requiring discharge) such that savings are not achieved, then JCI will have the right to adjust the baseline. • Energy/Demand Loss Due to Outages (due to force majeure or equipment damage) will be estimated depending on the amount of time and cause of the outage. Each of the buildings have historical electricity usage data that JCI has parameterized to understand the energy and demand profiles for the sites. With the application of the Solar Energy Systems, the demand impacts will be first met with the Solar PV systems in some cases and will be firmed through the use of the energy storage systems using a demand management application through Metasys. The parameterized usage data has defined demand thresholds to which the energy storage system is going to control to. These monthly thresholds are user programmable inside of the MetaSys DLLR Application and as the facility’s load profile changes, these values can be modified to meet new load conditions if such an event were to arise. Through the use of a rolling average demand register, the system will react to discharge when above that threshold and charge below that threshold in order to be ready for a new demand event. The MetaSys Network Interface Engine (NIE) will be located inside of the Energy Storage Container and will be connected through the JCI established network to a meter that is placed at the service entrance, which essentially measures what the utility will measure. 2017-09-26 Agenda Packet Page 200 The demand thresholds for each building are defined below. Table 22: Public Works Monthly Demand Threshold Public Works Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Max kW 283 270 296 322 370 343 292 275 310 260 278 272 Threshold 40.12% 28.99% 40.64% 25.12% 35.13% 30.53% 33.51% 29.75% 29.68% 36.56% 26.04% 37.14% Threshold kW 113 78 120 81 130 105 98 82 92 95 72 101 Table 23: Montevalle Monthly Demand Threshold Montevalle Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec On Peak kW 172 200 225 225 159 167 162 192 227 204 239 200 Threshold 25.66% 26.48% 40.13% 44.55% 50.21% 43.87% 45.36% 45.76% 39.71% 26.46% 23.38% 24.28% Threshold kW 44 53 90 100 80 73 73 88 90 54 56 48 Table 24: Police Station Monthly Demand Threshold Police Station Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec On Peak kW 292 307 340 324 310 382 451 457 432 369 395 292 Threshold 16.77% 18.43% 11.08% 12.65% 11.68% 15.59% 12.86% 11.55% 8.82% 16.01% 18.03% 17.35% Threshold kW 49 57 38 41 36 59 58 53 38 59 71 51 Table 13 shows the guaranteed peak demand output (kW) for each site included in the scope of work associated the DES system. Table 25: Proposed Performance Period DES Annual Peak Demand Output (kW) Site Annual Max kW Savings Annual On Peak kW Savings Public Works Facility 1,067 604 Police Station 903 835 Montevalle Rec Center 638 642 2017-09-26 Agenda Packet Page 201 VII. MEASUREMENT & VERIFICATION SERVICES JCI will provide the M&V Services set forth below in connection with the Assured Performance Guarantee. 1. During the Installation Period, a JCI Performance Engineer will track Measured Project Benefits. JCI will report the Measured Project Benefits achieved during the Installation Period, as well as any Non-Measured Project Benefits applicable to the Installation Period, to Customer within 60 days of the commencement of the Guarantee Term. 2. During the M&V Term, within 60 days of each anniversary of the commencement of the Guarantee Term, JCI will provide Customer with an annual report containing: A. an executive overview of the project’s performance and Project Benefits achieved to date; B. a summary analysis of the Measured Project Benefits accounting; and C. depending on the M&V Option, a detailed analysis of the Measured Project Benefits calculations. 3. During the M&V Term, a JCI Performance Engineer will monitor the on-going performance of the Improvement Measures, as specified in this Agreement, to determine whether anticipated Measured Project Benefits are being achieved. In this regard, the Performance Engineer will periodically assist Customer, on-site or remotely, with respect to the following activities: A. review of information furnished by Customer from the facility management system/data acquisition system to recalculate energy savings; B. advise Customer’s designated personnel of any performance deficiencies based on such information; C. coordinate with Customer’s designated personnel to address any performance deficiencies that affect the realization of Measured Project Benefits; and D. inform Customer of opportunities to further enhance project performance and of opportunities for the implementation of additional Improvement Measures. 4. For specified Improvement Measures utilizing an “Option B” M&V protocol, JCI will: A. confirm that the appropriate metering and data points required to track the variables associated with the applicable Improvement Measures’ benefits calculation formulas are established; and B. set up appropriate data capture systems (e.g., trend and totalization data on the facility management system) necessary to track and report Measured Project Benefits for the applicable Improvement Measure. 2017-09-26 Agenda Packet Page 202 SCHEDULE 3 – CUSTOMER RESPONSIBILITIES In order for JCI to perform its obligations under this Agreement with respect to the Work, the Assured Performance Guarantee, and the M&V Services, Customer shall be responsible for: 1. Providing JCI, its subcontractors, and its agents reasonable and safe access to all facilities and properties that are subject to the Work and/or M&V Services; 2. Providing alternative parking facilities for staff and non-staff vehicles that will be impacted by the Work; 3. Providing a laydown area for material storage at each worksite; 4. Providing for shut down and scheduling of affected locations during installation, including timely shutdowns of electrical systems as needed to accomplish the Work and/or M&V Services; 5. Providing timely reviews and approvals of design submissions, proposed change orders, and other project documents; 6. Providing the following information with respect to the project and project site as soon as practical following JCI’s request: a. surveys describing the property, boundaries, topography and reference points for use during construction, including existing service and utility lines; b. geotechnical studies describing subsurface conditions, and other surveys describing other latent or concealed physical conditions at the project site; c. temporary and permanent easements, zoning and other requirements and encumbrances affecting land use, or necessary to permit the proper design and construction of the project and enable JCI to perform the Work; d. a legal description of the project site; e. as-built and record drawings of any existing structures at the project site, environmental studies, reports and impact statement describing the environmental conditions, including hazardous conditions or materials, in existence at the project site. 7. Securing and executing all necessary agreements with adjacent land or property owners that are necessary to enable JCI to perform the Work; 8. Providing assistance to JCI in obtaining any permits, approvals, and licenses that are JCI’s responsibility to obtain as set forth in Schedule 1; 9. Obtaining any permits, approvals, and licenses that are necessary for the performance of the Work and are not JCI’s responsibility to obtain as set forth in Schedule 1; 10. Properly maintaining, and performing appropriate preventative maintenance on, all equipment and systems affecting the Assured Performance Guarantee in accordance with manufacturers’ recommendations and specifications; a. For Solar PV systems the customer is responsible for providing the operations and maintenance of such systems (O&M). Customer shall maintain PV systems such that output does not drop below 98% of estimated system kWh output. Johnson Controls is under no obligation to provide for replacement of components that fail after the 1-year warranty period set forth in the Agreement has expired. During the term of any manufacturers’ warranty periods, Customer shall seek replacement of any failed parts from the manufacturer. Estimates of inverter replacement costs have been presented in the pro forma cash flow to enable the Customer to budget for these costs in future 2017-09-26 Agenda Packet Page 203 years. These costs are not included in the price of the project as set forth in Schedule 4 below and are for illustration purposes only. b. For Energy Storage Systems, the first five years of O&M service, and warranty fees, is included in the Planned Service Agreement. Customer is responsible for providing for O&M and any warranty after year 5. Johnson Controls is under no obligation to provide for replacement of components that fail after the warranty period has expired. Johnson Controls is under no obligation to provide for planned overhauls of battery systems at the end of their useful life. Estimates of overhaul cost have been presented in the pro forma cash flow to enable the Customer to budget for these costs in future years. These costs are not included in the price of the project and are for illustration purposes only. c. It is understood by Customer that the useful life of some of the components in this Project are less than the 25-year term of the guarantee, and that to achieve the Project Benefits desired by Customer, it may become necessary for Customer to replace such components outside of the applicable warranty periods at Customer’s sole cost and expense. 11. Providing the utility bills, reports, and similar information reasonably necessary for administering JCI’s obligations under the Assured Performance Guarantee within five (5) days of Customer receipt and/or generation or JCI’s request therefor; 12. Providing all records relating to energy and/or water usage and related maintenance of the premises and relevant equipment requested by JCI; 13. Providing and maintaining a dedicated cellular service to each site to facilitate remote monitoring of relevant equipment; 14. Promptly notifying JCI of any change in use or condition described in Schedule 2 or any other matter that may impact the Assured Performance Guarantee; and 15. Taking all actions reasonably necessary to achieve the Non-Measured Project Benefits. 2017-09-26 Agenda Packet Page 204 SCHEDULE 4 – PRICE AND PAYMENT TERMS Customer shall make payments to JCI pursuant to this Schedule 4. 1. Compensation. The Total Price for the Work consists of two (2) primary components: (a) the Price for the Work (explained in more detail below) and (b) the City’s Controlled Allowance. The two (2) components of The Total Price are as follows: 1. Price for the Work: $12,968,393. 2. City’s Controlled Allowance: $ 486,366. Total Price for the Work: $13,454,759. JCI’s compensation for construction of the Work shall be based upon a cost plus basis, not to exceed the Total Price for the Work set forth above subject to amendment by Change Order. The overhead and profit calculation, shall be fifteen (15%) percent gross margin for overhead plus an additional ten (10%) percent gross margin added to actual project costs and overhead for profit. Any unused money will be credited back to the Customer at the conclusion of the Project and prior to close out. JCI’s Price for the Work will be comprised of the following: JCI’s overhead and profit, all actual Project Related Costs, as established pursuant to Schedule 4A, with the exception of JCI’s Internal Labor JCI’s Internal Labor will be charged out based upon the Labor Rate Schedule, Charge Rates in Schedule 4B. 2. Payments. Are made up of three (3) separate components: a). Initial Mobilization Payment (25%), b). Progress Payments (70%), and c). Retention (5%). a. Initial Mobilization Payment (25%): A payment of twenty five (25%) percent of the Total Price for the Work set forth above will be due upon the Customer issuing JCI the Notice To Proceed; for Project Development, Engineering and Mobilization. b. Progress Payments (70%): In addition to the Initial Payment, Monthly progress payments, based upon percent of W ork completed that month, as defined by the Project Schedule of Values for W ork. Included in the W ork completed calculation, will be all costs for stored materials. JCI will provide invoices for the remaining payments on a monthly basis, and shall be based upon the percentage of W ork completed to date. Such invoices will be paid once the W ork is inspected to ensure the Work is in compliance with and in furtherance of the Agreement, including the guarantees provided herein. Such inspection, approval and payment by the Customer with respect to each invoice shall be done within thirty (30) days of Customer’s receipt of such invoice. In the event that Customer raises an issue regarding the compliance and/or completion of the Work, Customer shall pay all amounts that are not in dispute within such thirty (30) day period. c. Retention (5%): The Progress Payments will continue up to ninety five percent (95%) percent of the Total Price for the Work. The final five (5%) percent shall be billed once the Final Notice of Completion is approved by the Customer. 3. Payments Instructions. Payments shall be submitted by either by a Wire Transfer or Overnight Mail. The instructions for the payments are listed below: Remit via Wire Transfer Remit via Overnight JP Morgan Chase JP Morgan Chase Bank One First National Plaza 14800 Frye Rd TX1-0029 Chicago, IL 60670 Fort Worth, TX 76155 Credit to Johnson Controls Inc. Attn: Johnson Controls Inc. ABA# 071-000013 PO Box 730068 Depositor Acct #55-14347- Checking Account PPhone 817-399-5042 Account type: Checking 2017-09-26 Agenda Packet Page 205 Job Number: 7PZ5-0055 2017-09-26 Agenda Packet Page 206 4. Owner Controlled Allowance. The Owner Controlled Allowance shall remain under the control of the Customer. Customer may authorize Johnson Controls to provide additional Work or services through the change order process described in Section 10 of the Agreement. 5. Planned Services Agreement for Post Construction Measurement & Verification Services. The Total Price for JCI's M&V Services, as detailed in Schedule 2 of this Agreement, is $215,970. This also includes Operation, Maintenance, and Warranty for Energy Storage Systems. Please refer to Attachment 4 for scope of work associated with the Energy Storage System O&M and Warranty. This amount will be paid to JCI in annual installments as shown in Table 26. For the sake of clarity, amounts due for M&V Services are not reflected in the Total Price for the Work set forth above. These payments will be due and payable when Customer receives JCI's invoice and in advance of the services JCI is to provide, and shall be made throughout the M&V Term. If the Customer elects to cancel M&V Services, the Customer must do so in writing within 30 days of the renewal date, otherwise full service will continue for the remainder of the year and the Customer will be responsible for payment of the full year. Table 26: M&V Payments Year Total Year 1 $40,679 Year 2 $41,899 Year 3 $43,156 Year 4 $44,451 Year 5 $45,784 Total $215,970 2017-09-26 Agenda Packet Page 207 Schedule 4A Schedule of Values Project Related Costs: The Project Related Costs shall include, but not limited to, the following: all Sub- Contracts, Consulting Agreements, Direct Purchases, Bonds/Insurance, Rental Equipment, Duplication, Communication, Trash Disposal, Temporary Facilities and related expenses, Temporary Utilities, Safety Equipment and Travel Expenses. All of JCI’s internal Labor Costs for Engineering, Project Management, Supervision, Estimating, Contract Administration, Measurement & Verification, Commissioning and Training will be based upon the Charge Rates, listed in Schedule 4B. The Schedule of Values (SOV) will be submitted to the Customer and attached herein, within ten (10) business days of JCI receiving the NTP. While the SOV may allocate amounts on a site-by-site basis, it is understood by the parties that JCI may reallocate such amounts from one site to another site and from category to another category at JCI’s reasonable discretion, so long as JCI’s compensation does not exceed the Total Price for the Work. Other JCI Business Unit(s) Participation: Other JCI Business Unit(s) may provide proposal’s for labor, materials or equipment for this project. If the Customer deems their proposal(s) to be the best value, the Other JCI Business Unit(s) may be retained as a subcontractor or supplier. For the purpose of the Price calculation, the Other JCI Business Unit(s) will be treated like any and all other Project Related Costs and will be subject to the aforementioned overhead and profit calculation in the Price. In the event JCI’s other Business Unit(s) participate in the Project, their proposal shall be submitted directly to the Customer, at least twenty four (24) hours in advance of all other competitive proposals. 2017-09-26 Agenda Packet Page 208 Schedule 4B 2017 Charge Rate Schedule JCI’s internal labor for all Project Related Costs, shall be charged pursuant to the following Rate Schedule. The aforementioned Charge Rates do not apply to other JCI Business Units. Charge Rates are effective through each calendar year and shall be increased by the rate of three (3%) on January 1, of each new calendar year. 2017-09-26 Agenda Packet Page 209 NOTICE TO PROCEED Johnson Controls, Inc. 9630 Ridgehaven Court, Suite A San Diego, CA 92123 ATTN: Mark Martinez, Regional General Manager, Energy Solutions Re: Notice to Proceed for City of Chula Vista Performance Contract Dear Mark Martinez: This Notice to Proceed is being issued by City of Chula Vista (“Customer”) to Johnson Controls, Inc. (“JCI”) pursuant to that certain Performance Contract entered into between Customer and JCI for the purpose of notifying JCI to commence work under such contract. In the event that this Notice to Proceed is delivered by Customer prior to the execution of the Performance Contract by Customer and JCI, Customer understands and expects JCI will incur significant costs and expenses in complying with this Notice to Proceed. In the event the Performance Contract is not executed by the parties, for any reason, Customer agrees to pay JCI for its costs and fees incurred in complying with this Notice to Proceed on a time and material basis. Customer also agrees JCI shall be entitled to a reasonable markup thereon for profit and overhead. Customer agrees to pay amounts billed by JCI no later than five (5) days after Customer receives JCI’s payment application. JCI will continue to submit payment applications to Customer until the Performance Contract is executed. Once the Performance Contract is executed, JCI will begin submitting its payment applications to Customer in accordance with the terms and conditions set forth therein. Any amounts already paid by Customer will be credited towards the Performance Contract price. By signing and dating this Notice to Proceed, the parties hereto agree to these terms and represent and warrant they have the authority to execute this Notice to Proceed on behalf of their respective organizations. CITY OF CHULA VISTA JOHNSON CONTROLS, INC. Signature: Signature: Printed Name: Printed Name: Mark Martinez Title: Title: Regional General Manager, Energy Solutions Date: Date: 2017-09-26 Agenda Packet Page 210 CHANGE ORDER Performance Contract dated , 20 between Johnson Controls, Inc. and Customer Change Order No. Date (mo/day/yr) Customer: City of Chula Vista The above referenced Performance Contract is hereby modified to the extent described below in accordance with the Terms and Conditions of the CHANGE ORDERS section thereof. Scope of Work changed as follows: Total amount of this Change Order ................................................................................. $ Total Performance Contract amount as revised by this Change Order .......................... $ The time for completion is: increased, decreased, unchanged. The new completion date resulting from this Change Order is: (mo, day, yr) [check if applicable] Assured Performance Guarantee changed as follows: Unless specifically changed by this Change Order, all terms, conditions and provisions of the above referenced Performance Contract remain unchanged and in full effect. JOHNSON CONTROLS, INC. CUSTOMER Signature: Signature: Printed Name: Printed Name: Title: Title: 2017-09-26 Agenda Packet Page 211 CERTIFICATE OF SUBSTANTIAL COMPLETION PARTIES: JOHNSON CONTROLS, INC. (“JCI”) 9630 Ridgehaven Court, Suite A San Diego, CA 92123 and City of Chula Vista (“Customer”) 276 4th Avenue Chula Vista, CA 91910 PROJECT: City of Chula Vista Performance Contract dated _____________ __, 2017 between JCI and the Customer. SITE: _____________________________________________________________________. Project Site, Name and Address to be added for each site, listed in Schedule 4 By executing this Certificate of Substantial Completion, Customer acknowledges the following: a. The work set forth in the Performance Contract, at the aforementioned Project Site, is substantially complete. b. Customer has received the manuals, warranty information, and training required under the Performance Contract. c. The following punch list items must be completed by JCI (check as applicable): punch list attached punch list complete d. Upon completion of the punch list items, or if such punch list items are complete, JCI and Customer shall sign the Certificate of Final Completion attached hereto. Dated: , 20 . CITY OF CHULA VISTA JOHNSON CONTROLS, INC. Signature: Signature: Printed Name: Name: Mark Martinez Title: Title: Regional General Manager, Energy Solutions Date: Date: Signature: Name: Sandra Spencer Title: Project Assurance Manager Date: 2017-09-26 Agenda Packet Page 212 CERTIFICATE OF FINAL COMPLETION PARTIES: JOHNSON CONTROLS, INC. (“JCI”) 9630 Ridgehaven Court, Suite A San Diego, CA 92123 and City of Chula Vista (“Customer”) 276 4th Avenue Chula Vista, CA 91910 PROJECT: City of Chula Vista Performance Contract dated _______________, 2017 between JCI and Customer By executing this Certificate of Final Completion, Customer acknowledges the following: a. The work set forth in the Performance Contract has been reviewed and determined by Customer to be fully complete. b. Customer accepts the work at all Project Sites as complete and hereby releases JCI’s obligations under any performance and payment bonds posted for the project as of the date set forth below. Dated , 20 . CITY OF CHULA VISTA JOHNSON CONTROLS, INC. Signature: Signature: Printed Name: Printed Name: Mark Martinez Title: Title: Regional General Manager, Energy Solutions Date: Date: Signature: Name: Sandra Spencer Title: Project Assurance Manager Date: 2017-09-26 Agenda Packet Page 213 M&V SERVICES AGREEMENT City of Chula Vista (“Customer”) 276 4th Avenue Chula Vista, CA 91910 Scope of Services Johnson Controls, Inc. (“JCI”) and the Customer (collectively the “Parties”) agree Services, as defined in Scope of Work (below), will be provided by JCI at the Customer’s facility. Terms and Conditions of this Agreement are as set forth in the Performance Contract and incorporated by this reference and cover the rights and obligations of both the Customer and JCI. This Service Agreement and the Price and Payment Terms are set forth fully herein (collectively the “Agreement”), Term This Agreement takes effect on the day the Certificate of Final Completion for the Performance Contract is approved by the Customer and JCI, and will continue for three hundred (300) consecutive months (“Original Term”). JCI will not terminate this Agreement early providing the Customer fulfills its obligations of the Agreement. Price and Payment Terms The total Contract Price for JCI’s Services during the Original Term is $215,970. This amount will be paid to JCI in annual installments (refer to Schedule 4). These payments will be due and payable within thirty (30) days of the invoice date and such timely payment by Customer shall be a condition precedent to JCI’s obligation to perform its Services. A penalty of one and a half percent (1.5%) of the amount due per month shall accrue for payments received after the payment due date. If the Customer elects to cancel M&V Services, the Customer must do so in writing within 30 days of the renewal date, otherwise full service will continue for the remainder of the year and the Customer will be responsible for payment of the full year. _____________________________________________________________________________________ Scope of Work Measurement & Verification Services The M&V scope of work is described in detail in Schedule 2 and 2A of the Performance Contract agreement under the heading “Detailed Description of M&V Activities and Deliverables”. Please refer to that section for the specific work to be completed under this service Agreement. 2017-09-26 Agenda Packet Page 214 Energy Storage System O&M JCI shall provide the following maintenance services for the Energy Storage System(s) on an annual basis: Personnel trained in safety of ESS and trained to operate, repair and maintain ESS are the only personnel allowed to perform below tasks. Please reviews Appendix A for additional details. • Check structural integrity of all pre-assembled structure within container. Visually inspect every structural connection. In case of bolted connections, torque bolts as shown on installation drawings. • Check for condensation in all visible areas • Check for cobwebs near penetrations to outside, as these are indicative of a breach in the seal • Check (visually) all cables, wiring and wiring harnesses for integrity of harness wire and connection. • Check Bonding and Grounding connections • Check all visible AC connections at panels and at equipment, at disconnects • Check all visible DC connections at panels and at equipment, at disconnects • Inspect fire-suppression, fire protection, fire detection system • Inspect Inverter in accordance with manufacturer’s recommendations. • Note damage and contact operations staff, note vandalism and alert operations staff • Perform major component refurbishment for inverter as recommended by equipment manufacturer • Inspect HVAC system in accordance with manufacturer’s recommendations. • Review report showing excursions to operating limits. Take corrective action at HMI or contact manufacturer for assistance • Test Fire Alarm Control Panel operation • Perform major component refurbishment for energy storage system, every five years, as recommended by equipment manufacturer • Perform software updates, if available to DESS and peripheral systems • Verify fan operation • Clean container of any foreign objects 2017-09-26 Agenda Packet Page 215 The following maintenance checklist will be completed during the annual inspection and provided to the Customer. 2017-09-26 Agenda Packet Page 216 2017-09-26 Agenda Packet Page 217 Energy Storage System Warranty: Please review Appendix B for details associated with the warranty included with this PSA. CITY OF CHULA VISTA JOHNSON CONTROLS, INC. Signature: Signature: Name: Gary Halbert Name: Mark Martinez Title: City Manager Title: Regional General Manager, Energy Solutions Date: Date: 2017-09-26 Agenda Packet Page 218 Insurance Addendum JCI shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by JCI, its agents, representatives, employees, or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01, including products and completed operations, with limits of no less than $5,000,000 per occurrence for bodily injury, personal injury, and property damage. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. 5. Surety Bonds as described below. 6. Professional Liability (if Design/Build), with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. 7. JCIS’s Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (only if JCI undertakes to remediate environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. If JCI maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained. (The requirements of this section 7. shall apply pursuant to section 9. of the Agreement.) 8. Technology Professional Liability (Cyber Errors and Omissions) Insurance appropriate to JCI’s profession, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by JCI in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. 2017-09-26 Agenda Packet Page 219 Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of JCI including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to JCI’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used), specifically Additional Insured Endorsement must not exclude Products / Completed Operations. Primary Coverage For any claims related to this contract, the JCI’s insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of the JCI’s insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall state that coverage shall not be canceled, except with notice to City. Waiver of Subrogation JCI hereby grants to City a waiver of any right to subrogation which any insurer of JCI may acquire against City by virtue of the payment of any loss under such insurance. JCI agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from the insurer. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to City. Claims Made Policies If any of the required policies provide coverage on a claims-made basis: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, JCI must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. Verification of Coverage JCI shall furnish City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be 2017-09-26 Agenda Packet Page 220 received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive JCI’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance endorsements required by these specifications, at any time. Subcontractors JCI shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and JCI shall ensure that City is an additional insured on insurance required from subcontractors. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 2017-09-26 Agenda Packet Page 221 Police Station % of DS Civic Center % of DS Main Library % of DS Public Works Facility % of DS South Library % of DS Loma Verde Aquatic Center % of DS Parkway Aquatic & Gym % of DS Montevalle Rec Center % of DS Boys & Girls Club % of DS Mount San Miguel Park % of DS Animal Care % of DS Salt Creek Recreation Center % of DS Total % of DS 1 77,933$ 147.0% 70,496$ 79.2% 42,069$ 93.5% 107,070$ 232.8% 13,906$ 66.2% 10,251$ 78.9% 5,977$ 66.4% 65,790$ 469.9% 9,663$ 120.8% 9,572$ 119.7% 3,305$ 47.2% 3,280$ 65.6% 419,312$ 131.9%2 3,446 4.4% 31,153 23.2% 22,159 32.6% 37,275 54.8% 4,152 13.0% 5,083 26.8% 1,516 10.8% 8,377 39.9% 6,296 52.5% 7,202 65.5% 679 6.8% 1,582 22.6% 128,921 27.1%3 3,546 4.3% 32,005 23.0% 23,357 33.4% 39,084 55.8% 4,442 13.5% 4,944 24.7% 2,075 14.8% 8,478 38.5% 5,951 45.8% 6,853 57.1% 1,066 10.7% 894 11.2% 132,695 26.9%4 3,760 4.4% 33,058 23.0% 23,664 32.4% 40,029 54.8% 3,777 10.8% 4,835 23.0% 1,653 11.0% 7,620 31.8% 6,628 51.0% 7,526 62.7% 467 4.2% 1,217 15.2% 134,234 26.1%5 5,092 5.9% 34,321 23.0% 25,086 33.4% 41,113 54.1% 5,158 14.7% 4,756 21.6% 1,251 7.8% 8,804 36.7% 7,329 56.4% 8,223 68.5% 881 8.0% 1,552 19.4% 143,566 27.2%6 5,099 5.3% 36,620 22.3% 26,521 32.0% 45,255 54.5% 3,991 10.0% 5,299 22.1% 1,909 11.2% 10,040 38.6% 7,250 48.3% 9,128 70.2% 29 0.2% 472 4.7% 151,616 26.0%7 3,858 3.8% 37,640 22.1% 26,356 30.3% 45,843 52.7% 4,540 11.1% 6,332 26.4% 1,580 8.8% 9,375 33.5% 8,036 53.6% 8,909 63.6% 495 3.8% 847 8.5% 153,813 25.3%8 4,754 4.6% 37,900 21.4% 27,322 30.4% 47,591 52.9% 4,142 9.6% 5,401 20.8% 2,274 12.6% 9,759 33.7% 7,849 49.1% 9,717 69.4% (24) ‐0.2% 1,236 12.4% 157,921 25.0%9 4,794 4.4% 39,406 21.5% 29,423 32.0% 49,506 53.2% 4,799 10.9% 6,506 25.0% 1,992 10.5% 11,192 38.6% 7,689 45.2% 9,553 63.7% 474 3.4% 1,637 16.4% 166,973 25.7%10 5,981 5.4% 41,168 21.8% 29,664 30.9% 51,593 53.7% 5,512 12.2% 6,649 24.6% 1,735 8.7% 10,678 34.4% 8,558 50.3% 9,417 58.9% 989 7.1% 1,053 9.6% 172,998 25.7%11 5,322 4.6% 42,194 21.5% 31,049 31.4% 53,857 54.4% 5,284 11.2% 6,832 24.4% 1,503 7.2% 11,218 35.1% 9,457 55.6% 10,310 64.4% 522 3.5% 1,483 13.5% 179,031 25.7%12 5,822 4.9% 42,491 20.8% 31,582 30.7% 55,306 53.7% 6,116 12.7% 7,054 24.3% 2,298 10.9% 11,814 35.8% 8,387 44.1% 11,234 70.2% 73 0.5% 1,928 17.5% 184,105 25.5%13 5,487 4.4% 44,070 20.9% 32,269 30.2% 55,944 51.8% 6,010 12.0% 7,318 24.4% 2,119 9.6% 12,467 36.7% 9,348 49.2% 10,189 56.6% 644 4.0% 1,388 11.6% 187,254 24.9%14 7,323 5.7% 45,939 21.1% 33,115 29.8% 58,780 53.0% 5,969 11.5% 7,625 24.6% 1,969 8.6% 13,181 37.7% 10,342 54.4% 11,177 62.1% 1,233 7.7% 1,864 15.5% 198,516 25.6%15 6,335 4.7% 46,107 20.3% 34,124 29.7% 60,819 52.9% 5,994 11.1% 6,976 21.1% 1,848 7.7% 12,957 35.0% 9,370 44.6% 12,199 67.8% (157) ‐0.9% 1,356 10.4% 197,928 24.5%16 6,530 4.7% 47,585 20.2% 35,303 29.7% 63,068 53.0% 6,087 10.9% 7,374 21.7% 2,756 11.5% 13,797 36.3% 10,433 49.7% 12,255 64.5% 474 2.6% 1,865 14.3% 207,527 24.9%17 7,916 5.5% 48,382 19.8% 37,656 30.9% 65,534 53.3% 5,252 8.9% 7,818 22.3% 1,696 6.5% 14,703 37.7% 10,531 47.9% 12,347 61.7% 1,126 6.3% 1,391 9.9% 214,354 24.8%18 8,498 5.7% 50,510 20.0% 38,190 30.1% 68,225 53.7% 5,490 9.0% 8,311 23.1% 2,667 10.3% 14,679 35.8% 10,667 46.4% 12,476 59.4% 801 4.2% 1,936 13.8% 222,450 24.9%19 8,284 5.4% 51,977 19.9% 38,910 29.5% 70,148 53.1% 6,803 11.0% 7,855 20.7% 1,671 6.0% 15,726 37.4% 10,842 45.2% 13,643 65.0% 498 2.5% 2,499 17.8% 228,856 24.7%20 9,280 5.8% 53,796 19.9% 39,821 29.1% 72,312 52.8% 7,194 11.2% 8,451 21.7% 2,710 9.7% 15,846 36.0% 12,056 50.2% 14,850 70.7% 219 1.0% 1,081 6.8% 237,617 24.8%21 9,496 5.8% 54,978 19.6% 41,931 29.7% 74,724 52.6% 6,666 9.9% 8,101 19.8% 2,783 9.6% 17,044 37.9% 11,310 43.5% 14,097 61.3% 965 4.6% 1,683 10.5% 243,777 24.5%22 9,938 5.8% 56,534 19.5% 43,246 29.6% 78,392 53.7% 6,220 8.9% 8,806 21.0% 1,893 6.1% 17,320 36.9% 12,607 48.5% 15,386 66.9% 736 3.3% 2,305 14.4% 253,384 24.6%23 10,614 6.0% 58,476 19.5% 43,772 28.8% 80,326 52.8% 6,860 9.5% 8,568 19.5% 3,040 9.8% 18,679 38.9% 12,948 48.0% 15,718 65.5% 533 2.3% 1,949 11.5% 261,484 24.5%24 11,534 6.3% 59,817 19.2% 45,516 29.0% 82,534 52.2% 7,589 10.3% 9,390 20.9% 3,225 10.1% 19,122 38.2% 12,334 42.5% 15,095 58.1% 357 1.5% 2,614 15.4% 269,127 24.3%25 12,705 6.7% 62,569 19.5% 47,484 29.3% 86,025 52.8% 7,409 9.6% 10,272 22.3% 2,451 7.2% 19,654 37.8% 13,766 47.5% 16,519 63.5% 1,209 5.0% 1,302 6.9% 281,365 24.6%26 209,137 0.0% 396,746 0.0% 216,685 0.0% 257,809 0.0% 87,324 0.0% 58,218 0.0% 37,717 0.0% 74,276 0.0% 44,246 0.0% 43,989 0.0% 26,089 0.0% 21,013 0.0% 1,473,249 0.0%27 216,840 0.0% 410,361 0.0% 224,125 0.0% 266,895 0.0% 90,335 0.0% 60,228 0.0% 39,026 0.0% 76,993 0.0% 45,775 0.0% 45,509 0.0% 26,999 0.0% 21,748 0.0% 1,524,835 0.0%Chula Vista ‐ CREBs Using Equipment Lease ‐ Gross Interest Rate 5%All Sites Excluding Elite Athlete Training Center2017-09-26 Agenda PacketPage 222 1 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN ENERGY SERVICE CONTRACT WITH JOHNSON CONTROLS, INC. WHEREAS, Government Code section 4217.12 authorizes cities to enter into energy service contracts with any person or entity, pursuant to which that person or entity will provide energy or conservation services to the city, if the anticipated cost to the city for conservation services provided under the contract is less than the anticipated marginal cost to the city of energy that would have been consumed by the city in the absence of the energy service contract; and WHEREAS, Government Code section 4217.16 provides that a public entity entering into an energy service contract may do so by requesting proposals from qualified persons and awarding the contract based on the experience of the contractor, the type of technology employed by the contractor, the cost to the local agency, and any other relevant considerations; and WHEREAS, the City of Chula Vista (“City”) utilized an informal competitive Request for Qualifications (“RFQ”) process consistent with Section 4217.16 to solicit proposals to implement a comprehensive alternative energy program for the City through the installation of solar equipment and related improvements to provide alternative energy to the City and to guarantee certain energy cost savings to the City; and WHEREAS, City staff reviewed the qualifications of the companies submitting responses to the RFQ and selected Johnson Controls, Inc. (“Johnson”) as the entity best suited to implement a comprehensive alternative energy program for the City; and WHEREAS, the Purchasing Agent approved the purchasing process by which Johnson was selected as being consistent with good purchasing practices and has determined that the City’s interests were materially better served by using such process, and, accordingly, the City Council waives the City’s competitive bidding requirements, pursuant to Chula Vista Municipal Code section 2.56.070.B.3; and WHEREAS, Johnson conducted an assessment of City sites and facilities for the location of solar energy equipment and analyzed the potential energy cost savings to be realized by the City from the installation of such equipment; and WHEREAS, to determine the potential energy cost savings Johnson requested and was provided with electrical usage data from the City and San Diego Gas and Electric Company; and WHEREAS, Johnson has presented to the City for approval a Performance Contract (the “Energy Service Contract”) pursuant to which it will supply the solar energy equipment described therein to the City and certain energy services described therein and will provide a performance guarantee to reduce energy costs to the City; and WHEREAS, Johnson has advised the City of its conclusion that the cost of the purchase of the solar energy equipment and related improvements pursuant to the Energy Service Contract will be less than the anticipated marginal cost to the City of the electrical energy that would have been 2017-09-26 Agenda Packet Page 223 2 consumed in the absence of the purchase pursuant to the Energy Service Contract as set forth in Schedule 2 of the Energy Service Contract; and WHEREAS, based on the information in Schedule 2 of the Energy Service Contract the City and analysis performed by City Staff, the City has determined that the cost of the Energy Service Contract to the City for the energy conservation services provided thereunder is less than the anticipated marginal cost to the City of the energy that would have been consumed by the City in the absence of the Energy Service Contract; and WHEREAS, on September 11, 2017, the City published a notice of its intent to consider entering into the Energy Service Contract and in accordance with Government Code sections 4217.12 the City Council held a public hearing on September 26, 2017, to receive public comments on the Energy Service Contract; and WHEREAS, the installation of the improvements described in the Energy Service Contract is a project which is categorically exempt from review under the California Environmental Quality Act under Class 3 exemptions. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby resolve as follows: SECTION 1. Recitals. The foregoing recitals are true and correct and the City Council so finds and determines. SECTION 2. Energy Service Contract Findings. In accordance with Section 4217.12 of the California Government Code, the City Council finds that the anticipated cost to the City for the electrical energy conservation services provided by the conservation measures under the Energy Service Contract will be less than the anticipated marginal cost to the City of electrical energy that would have been consumed by the City in the absence of those purchases and the funds for the repayment of financing the cost of design, construction and operation of the energy conservation facilities are projected to be available from revenues resulting from funding that otherwise would have been used for the purchase of electrical energy required by the City of Chula Vista in the absence of the energy conservation facilities. SECTION 3. Waiver of Competitive Bidding Requirements. In accordance with Chula Vista Municipal Code section 2.56.070.B.3, the Purchasing Agent has determined that the City’s interests were materially better served by utilizing the selection process used, rather than the City’s competitive bidding process. The City Council accepts this determinationand, accordingly, waives the City’s competitive bidding requirements applicable to the Energy Service Contract. SECTION 4. Approval of Energy Service Contract. The form of the Energy Service Contract presented to the City Council at this meeting, is hereby approved in the form presented, with such minor changes as may be authorized or approved by the City Attorney, a copy of which shall be kept on file with the City Clerk, and authorizes and directs the Mayor to execute same. SECTION 5. General Authorization. The City Council hereby authorizes and directs the City Manager and designees, and each of them individually, for and in the name of and on behalf 2017-09-26 Agenda Packet Page 224 3 of the City, to do any and all things and to execute and deliver any and all documents that they may deem necessary or advisable in order to complete the execution and delivery of the Energy Service Contract and otherwise to carry out, give effect to, and comply with the terms and intent of this resolution. All actions heretofore taken by such officers and agents that are in conformity with the purposes and intent of this resolution are hereby ratified, confirmed and approved in all respects. In addition, the Director of Finance/Treasure is authorized to approve any Change Order to the Energy Service Contract in an amount below $25,000. Any Change Order, resulting in an amount over $25,000, shall be valid only on the approval of the City Council. SECTION 5. Effective Date. This resolution shall take effect immediately upon its passage. 2017-09-26 Agenda Packet Page 225 4 PASSED AND ADOPTED this 26th day of September, 2017, by the following vote: AYES: NOES: ABSTENTIONS: ABSENT: ____________________________________ Mayor City of Chula Vista I hereby certify that the foregoing resolution was duly introduced, passed and adopted at the time and place and by the vote as noted above. _____________________________________ City Clerk of the City Council City of Chula Vista PASSED AND ADOPTED by the City Council of the City of Chula Vista at a regular meeting held on the 26th day of September, 2017. Mayor REVIEWED AND APPROVED: _____________________________ City Manager APPROVED AS TO FORM: _____________________________________ City Attorney INITIATED AND APPROVED: _____________________________________ Assistant City Manager 2017-09-26 Agenda Packet Page 226 City of Chula Vista Staff Report File#:17-0319, Item#: 8. CONSIDERATION OF ADOPTING THE 2017 CLIMATE ACTION PLAN (This item was continued from 9/12/2017.) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE 2017 CLIMATE ACTION PLAN RECOMMENDED ACTION Council adopt the resolution. SUMMARY Since 2000, the City of Chula Vista has been a nationally-recognized leader in implementing a Climate Action Plan (CAP) to address the local threat of climate change by reducing greenhouse gas (GHG) emissions and lowering Chula Vista’s vulnerability to expected climate change impacts. By 2020, when the CAP is fully implemented, the new actions, or equivalent actions, are anticipated to reduce approximately 200,000 Metric tons of Carbon Dioxide equivalent (MTCO2e), allowing the City to comply with state greenhouse gas goals and improve the quality of life for our residences. If approved, staff will work to implement the strategies and will return to the City Council with specific policies and ordinances for consideration. ENVIRONMENTAL REVIEW Environmental Notice The Project qualifies for a Class 8 Categorical Exemption pursuant to Section 15308 Actions by Regulatory Agencies for Protection of the Environment] of the California Environmental Quality Act State Guidelines. Environmental Determination The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project 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 proposal seeks to implement a Climate Action Plan to address the local threat of climate change by reducing greenhouse gas emissions. Thus, no further environmental review is necessary. BOARD/COMMISSION RECOMMENDATION City staff presented the draft 2017 CAP to the Sustainability Commission (SSC) on August 14, 2017. The SSC recommended that the City Council adopt the updated 2017 Climate Action Plan and directed City staff to begin implementation based on available funding. City of Chula Vista Printed on 9/21/2017Page 1 of 6 powered by Legistar™2017-09-26 Agenda Packet Page 227 File#:17-0319, Item#: 8. City staff also presented the draft 2017 CAP Appendix A to the Sustainability Commission (SSC) on May 8th, and the draft 2017 CAP to the Chula Vista Chamber of Commerce Board of Directors meeting and the Planning Commission on August 9, 2017 for review and feedback. DISCUSSION For the last 20 years, the City of Chula Vista has been diligent in taking action to address the threat of climate change to the local community. Chula Vista has historically been engaged in multiple climate change forums including the United Nations Framework Convention on Climate Change, ICLEI Cities for Climate Protection Campaign and the Conference of Mayor’s Climate Protection Agreement. The City actions began in 2000 with the adoption of the first Climate Action Plan in San Diego County (originally called the C02 Reduction Plan). Since then the City has subsequently adopted the Climate Mitigation Plan in 2008, the Climate Adaptation Plan in 2011, the City Operations Sustainability Plan in 2014 and the Water Stewardship Plan in 2016. The City continues to be recognized as a leader in Climate Action planning and most recently received the 2014 EPA Climate Leadership Award for Organizational Leadership and the 2016 Institute for Local Governments Platinum Beacon Award for Greenhouse Gas Reductions. In 2017, Chula Vista was highlighted in the Environmental Protection Agency (EPA) case study for its work on climate action planning and the implementation of the City Operations Sustainability Plan. The 2017 Climate Action Plan being presented today is the next step in the City’s effort to demonstrate climate leadership, reduce greenhouse gas emissions and help the state reach its ambitious climate goals. In addition to consolidating previous CAP actions, which included 7 climate “mitigation” measures (designed to reduce greenhouse gas (GHG) emissions) and 11 climate “adaptation” measures (designed to lower Chula Vista’s vulnerability to expected local climate change impacts), there are 11 new mitigation measures, listed below, included in the 2017 CAP. ·Water Education & Enforcement ·Water Efficiency Upgrades ·Water Reuse Plan & System Installations ·Zero Waste Plan ·Energy Education & Enforcement ·Clean Energy Sources ·Energy Efficiency Upgrades ·Robust Urban Forests ·Complete Streets & Neighborhoods ·Transportation Demand Management ·Alternative Fuel Vehicle Readiness Climate Change Working Group (CCWG): In 2005, the Climate Change Working Group (CCWG) was developed at the direction of the City Council. The City Council directed staff to convene a group of interested stakeholders comprised of residents, businesses, non-profits, academia, utility representatives and community-group representatives to develop recommendations, based on consensus, to reduce the community’s greenhouse gas emissions. The CCWG process ensures involvement of all stakeholders in the development of recommendations for City Council consideration. The CCWG was chaired by a member of the Sustainability Commission which met 10 times over a 9-month period to develop the proposed recommendations. The actions included in the proposed 2017 CAP were selected by aCity of Chula Vista Printed on 9/21/2017Page 2 of 6 powered by Legistar™2017-09-26 Agenda Packet Page 228 File#:17-0319, Item#: 8. proposed recommendations. The actions included in the proposed 2017 CAP were selected by a wide range of community stakeholders and reflect an ambitious, but pragmatic, approach to climate planning. These 11 new mitigation measures were adopted by the City Council in November of 2014. Due to staffing issues and departmental reorganizations, the development of the CAP was delayed however, staff continued to pursue the implementations actions identified in appendix A of the 2017 CAP. In March 2017, the CCWG was reconvened to review the implementation actions and recommendations that were previously adopted in 2014 and that are now incorporated into the 2017 CAP Appendix A. City efforts to implement the eleven (11) new mitigation measures and the seven (7) previous mitigation measures have continued. Staff has worked to implement early implementation actions such as: ·Adopting a complete streets policy in 2015. ·Creating preferred parking spots at City facilities for alternative fuel vehicles including the installation of electric vehicle charging stations. ·Adopting an update to the Landscape Water Conservation Ordinances. ·Adopting new policies to reduce landscape runoff. ·Converting to over-the-counter and online permits for solar projects. ·Expanding Property Assessed Clean Energy (PACE) providers. ·Adopting the Water Stewardship Plan in November of 2016. Renewable and Efficient Energy Objective: To help achieve goals of increasing the amount of renewable energy the Chula Vista community uses, City staff continues to build upon work included in past CAPs, such as solar photovoltaic (PV) pre-wiring requirements, and a new initiative that would seek to require solar PV panels on all new homes. Staff continues to work with the existing energy providers on options to increase the amount of renewable energy to the grid. The 2017 Cap has a goal of 50% of electricity from clean sources by 2020 and 70% by 2035. In addition, Community Choice Aggregation (CCA), which is currently being analyzed by other jurisdictions in San Diego County, is another option to increase available renewable energy. Staff will stay involved in the analysis being completed in other jurisdictions. The recent feasibility report released by the City of San Diego contains valuable information and staff will continue to monitor the progress of San Diego’s efforts before bringing forward any recommendations for a Chula Vista Technical/Feasibility study or the possibility of participating in a regional JPA to administer a CCA. The City’s goals for increasing the amount of renewable energy over time currently exceeds the state renewable portfolio standards, but staff will continue to follow legislation, such as SB100, that aims to move utilities in the State closer to the City’s goals and potentially up to 100% clean energy by 2045. By evaluating all of the options listed above, staff will be able to identify the most cost effective path to achieve our clean energy goals. Smart Growth and Transportation: Staff continues efforts to ensure that residents will be able to pick from various transportation modes such as walking, biking, transit or driving. In an effort to ensure easier access to transit options, several sidewalk projects, totaling over 5 miles, were recently constructed in established neighborhoods including near the Broadway transit/commercial corridor. Since 2011, when the Bikeway Master Plan was approved, an additional 33 bicycle facilities have been completed citywide City of Chula Vista Printed on 9/21/2017Page 3 of 6 powered by Legistar™2017-09-26 Agenda Packet Page 229 File#:17-0319, Item#: 8. consisting of bike paths, bike lanes and bike routes, totaling 37 miles. These improvements will also complement the South Bay Rapid Transit, which when completed will provide a 26-mile long, limited- stop bus service through eastern Chula Vista, from the East Otay Mesa Port of Entry to downtown San Diego. Most recently the city has prepared a Traffic Signal Master Plan that will implement advanced transportation technologies and Intelligent Transportation Systems (ITS) to reduce traffic congestion and greenhouse gas emissions. The City is currently a 100% planned community and has embraced “smart growth” design principles around transit facilities in the Urban Core Specific Plan (2007), the Eastern Urban Center (2009) and the Palomar Gateway Specific Plan (2014). City of Chula Vista’s Smart Cities Efforts: In essence, a “Smart City” is a “Sustainable City”. The City of Chula Vista is proud to be recognized locally, nationally and internationally for our efforts and vision to become a smart city that uses innovative technologies to improve government efficiency, enhance city operations and advance sustainability efforts. To accomplish this goal, the City is developing a Smart Cities Strategic Action Plan (SCSAP) that will serve as a roadmap and help realize its vision of becoming a smart city. At the center of Chula Vista’s smart cities efforts is the assessment of innovative approaches for energy efficiency and sustainability. In 2016, the City of Chula Vista and the Port of San Diego embarked on a joint project to complete an energy and smart waterfront assessment for the Chula Vista Bayfront. The agencies hired Black and Veatch to conduct the study. The Bayfront development has some of the most aggressive energy efficiency targets for a project of its size and scope. In order to achieve its ambitious sustainability goals, the development will look to incorporate smart city technology and act as a test bed for innovative technology solutions that could be expanded Citywide and in the region. The Office of Sustainability through the Chief Sustainability Officer is responsible for coordinating the development of the Smart Cities Strategic Action Plan throughout the City. The proposed 2017 CAP complements the smart cities efforts and provides an opportunity to leverage both efforts to ensure greater success. The deployment of robust sensor networks, innovative energy efficiency technologies, building and asset management systems, smart irrigation controllers, adaptive lighting, enhanced data reporting tools and other smart cities technologies will help the City reduce energy consumption, increase water conservation effectiveness and reduce GHG emissions across the City. Social Justice: Ensuring that the climate actions benefit all residents, especially those living in disadvantaged neighborhoods, staff has utilized the “Green Homes for All” program, in partnership with the City’s Housing Division, to develop eight (8) of the eleven (11) new GHG reduction measures. The City working with local non-profits provided no-cost Home Energy & Water Evaluations that assisted disadvantaged residents by reducing utility bills and improving the health of homes. In 2016, more than 2,080 households enrolled in the Energy Savings Assistance Program resulting in those homes being weatherized, cutting costs on heating and air conditioning for our most vulnerable families. In addition, the removal of the South Bay Power Plant, the adoption of regulations on the proper placement of peaker and base load facilities and the allocation of Measure P infrastructure projects in our disadvantaged communities continues to reduce greenhouse gas emissions by providing facilities that support multi-modal forms of transportation and enhanced public amenities like parks and recreational facilities. City of Chula Vista Printed on 9/21/2017Page 4 of 6 powered by Legistar™2017-09-26 Agenda Packet Page 230 File#:17-0319, Item#: 8. The attached 2017 CAP includes information about past climate actions taken, the regulatory framework of state and federal polices and the institutionalized work the City is doing to create clean water, clean air and clean land. More detailed implementation actions for each measure, including information about performance metrics, estimated GHG reductions, timelines, funding and responsible City Departments are included in Appendix A. The new mitigation measures are anticipated to reduce MTCO2e GHG emissions (approximately 0.7 MT of per capita reductions and 19% below the business-as-usual, or BAU, emissions), by approximately 200,000 MTCO2e in 2020. In addition, these climate action measures create numerous community benefits such as utility cost savings, better air quality, reduced traffic congestion, local economic development and improved quality of life for Chula Vista residents. The proposed CAP is consistent with previous climate actions taken by the City of Chula Vista in that it is a living planning document that is able to be easily updated and is built on a foundation of promoting consensus and outreach. The CAP is focused on providing a path for City leaders, residents and businesses to reduce emissions and is not a document to aid in development streamlining. The City of Chula Vista is a fully planned community and each planning document considered by the City has evaluated GHG impacts and provided appropriate mitigation measures to address these impacts in accordance with the requirements of CEQA. 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 Climate Action Plan update process is identified under the Strategic Plan’s Healthy Community goal as a near-term priority. CURRENT YEAR FISCAL IMPACT The Climate Action Plan is being implemented using existing departmental budgets and external funding sources (such as, City’s Local Government Partnership with San Diego Gas & Electric and the California Public Utilities Commission and AB939 waste management fees), resulting in no new fiscal impact in the current year. ONGOING FISCAL IMPACT There is no new, ongoing fiscal impact due to implementation of the Climate Action Plan since it is being implemented using existing budgets and external funding sources. Any recommended updates to the Climate Action Plan will be presented to City Council for consideration in the future along with any associated fiscal impact. ATTACHMENTS 1) 2017 Climate Action Plan 2) 2017 Climate Action Plan: Appendix A City of Chula Vista Printed on 9/21/2017Page 5 of 6 powered by Legistar™2017-09-26 Agenda Packet Page 231 File#:17-0319, Item#: 8. 3) 2017 Climate Action Plan: Appendix B 4) Comment letter from Climate Action Campaign 5) Comment letter from San Diego Gas & Electric Staff Contact: Cory Downs, Conservation Specialist II City of Chula Vista Printed on 9/21/2017Page 6 of 6 powered by Legistar™2017-09-26 Agenda Packet Page 232 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE 2017 CLIMATE ACTION PLAN WHEREAS, Chula Vista has been a nationally-recognized leader in implementing a Climate Action Plan to address the threat of climate change to the local community; and WHEREAS, greenhouse gas emissions from municipal operation have been reduced 29 percent from their baseline, however, due mainly to population growth total community emissions have increased by 10 percent, while community per capital emissions have decreased by 4.2 percent; and WHEREAS, the Climate Change Working Group, which included residents, business, non-profit, education, and utility representative, met 10 times over a 9 month period to develop recommendations by consensus and once more in 2017 to approve staff implementation actions; and WHEREAS, In 2014 the City Council adopted Resolution #2014-006 for incorporating 11 greenhouse gas reduction strategies recommended by the Climate Change Working Group into the 2017 Climate Action Plan; and WHEREAS, the greenhouse gas reductions strategies include topics such as water conservation and reuse, renewable and efficient energy, zero waste, and smart growth and transportation; and WHEREAS, Staff will work with community partners to implement the actions identified in the 2017 Climate Action Plan Appendix A; and WHEREAS, fully implementing the actions identified in the 2017 Climate Action Plan, or equivalent actions, can reduce 2020 greenhouse gas emissions by 208,220 metric tons and help the City meet State of California greenhouse gas reduction goals; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it adopts the 2017 Climate Action Plan, and directs staff to begin implementation and return to Council with regular greenhouse gas inventories and progress reports. Presented by Approved as to form by 2017-09-26 Agenda Packet Page 233 Eric Crockett Glen R. Googins Director, Economic Development City Attorney 2017-09-26 Agenda Packet Page 234 CHULA VISTA ClimateActionPlan www.chulavistaca.gov/clean 2017 DRAFT2017-09-26 Agenda Packet Page 235 Contents Executive Summary Part 1: Introduction Part 2: Previous Actions - Where We Came From… Part 3: Where We Want to Go WATER CONSERVATION WASTE REDUCTION RENEWABLE & EFFICIENT ENERGY SMART GROWTH & TRANSPORTATION Part 4: Tracking, Monitoring and Updates APPENDIX A – Implementation Actions APPENDIX B – Past Action Update APPENDIX C – User Guide to Action ACKNOWLEDGMENTS 3 4 6 16 19192021 22 2 DRAFT2017-09-26 Agenda Packet Page 236 The City of Chula Vista is the second-largest municipality in San Diego County and located at the center of one of the richest cultural, economic and environmentally diverse zones in the United States. This natural environment helped City leaders recognize the value of preserving the environment for future generations and taking early action. Starting in 2000 with the adoption of the Carbon Dioxide Reduction Plan (CO₂ Reduction Plan or “Climate Action Plan”) which was the first Climate Action Plan (CAP) adopted in San Diego County and continuing over the next 17 years, new plans have been created to further incorporate measures to mitigate (2008) and adapt (2011) to the climate change impacts within our community. These plans made possible a number of community shared benefits such as utility savings, better air quality, reduced traffic congestion, increased public health, local economic development – improved quality of life – clean water, clean air, and clean land. These actions were recognized by the U.S. Environmental Protection Agency (EPA) in 2014 when they awarded the City the Organizational Leadership Award for Climate Leadership. But as a growing city, reducing total emissions has been a challenge. Since the first greenhouse gas (GHG) inventory in 1990 the population has increased 84 percent but GHG emissions have only increased 42 percent, which has caused the per capita emissions to decrease 23 percent to 6.1 metric tons (MT) of carbon dioxide equivalent (CO₂e) per person. The state has set a draft goal of 2 MT CO₂e per person by 2050 so the City will have to keep advancing to meet these ambitious goals. The actions and goals described in the 2017 Climate Action Plan will continue the City's commitment with the overarching goals of: • Energy and Water Efficient Buildings • Smart Growth and Clean Transit • Zero Waste • Increase Local Energy and Water Resources • Lead by Example • Community Resilience The City also strived to incorporate public involvement and input through the Climate Change Working Group and other partners to learn from and build support with residents, businesses and all community members. As with past CAPs this document is a living document and may change over time to take advantage of new opportunities to create a cleaner community. City staff will work to implement, track and monitor the actions to report back to stakeholders and City leaders. City leadership will also continue to engage the broader global community to take similar GHG reduction actions and will highlight the positive economic impact those green actions can have. Executive Summary City staff will work to implement, track and monitor the actions to report back to stakeholders and City leaders. Mary Casillas Salas Mayor City of Chula Vista, CA "This plan is the next step in our City's long history of working to address climate change and allows us to showcase that a clean environment and economic development can progress together." 3 DRAFT2017-09-26 Agenda Packet Page 237 1Part 4 | CHULA VISTA CLIMATE ACTION PLAN DRAFT2017-09-26 Agenda Packet Page 238 The City of Chula Vista is located at the center of one of the richest cultural, economic and environmentally diverse zones in the United States. Chula Vista is the second-largest municipality in San Diego County with a population of over 268,000 and features more than 52 square miles of coastal landscape, canyons, rolling hills, mountains, quality parks and has preserved over 11,000 acres of open space. City leaders long ago recognized the value of preserving the environment for future generations. In the early 1990s, the City of Chula Vista took a big step on its long path of addressing climate change when it was asked to participate with a select group of cities throughout the world in a model program aimed at developing municipal action plans for the reduction of greenhouse gases. The program was sponsored by ICLEI – Local Governments for Sustainability and the United Nations Environment Programme and provided important encouragement and resources to take early action. Since then, City Council has adopted three plans in its long-standing effort to reduce the impacts of climate change. To help guide implementation of the Climate Action Plan, the City regularly conducts greenhouse gas (GHG) emissions inventories every two years, if data is available, and has provided public forums for developing mitigation and adaptation measures. During 2014, a Climate Change Working Group (CCWG) led by City staff and comprised of residents, businesses and community organization representatives, reconvened to update the Climate Action Plan measures. The CCWG partnership has provided a unique, open and transparent process establishing new actions to take the City closer to achieving statewide goals of reducing GHG emissions to 15 percent below 20051 emission levels by 2020 and 55 percent by 2030. The CCWG was also convened in 2007 and 2011 to develop earlier recommendations to reduce the community’s GHG emissions or adapt to expected changes of climate change. This document serves as a snapshot in time, describing the continued action, measurement development, implementation and progress toward reducing GHG emissions. It is also designed to assist residents, business and other community members in making GHG reducing actions both through new policies and educating about existing options. Introduction 1 The City measures GHG emission in CO₂e, or car- bon dioxide equivalent, which is a standard unit for measuring carbon footprints. It shows the impact of each different greenhouse gas (such as CH₄, N₂0, etc.) in terms of the amount of CO₂ that would create the same amount of warming. A common measurement of GHG emissions is denoted as metric tons (MT), as noted in the illustration. 5 Source: www.carbonvisuals.comDRAFT 2017-09-26 Agenda Packet Page 239 2Part 6 | CHULA VISTA CLIMATE ACTION PLAN DRAFT2017-09-26 Agenda Packet Page 240 Over the past twenty years, the scientific community has gained more confidence about what was previously called “global warming”, and later renamed climate change, due to the wide range of impacts that were being observed. As more research was completed, more confidence was created and the Intergovernmental Panel on Climate Change (IPCC), one of the largest groups of scientists gathered to study the issue, stated in their Fifth Assessment Report2 that “each of the last three decades has been successively warmer than any preceding decade since 1850” and that “it is extremely likely that human influence has been the dominant cause of the observed warming since the mid-20th century.” The human influences referenced are mainly from burning fossil fuels and other processes that add greenhouse gas emissions to the atmosphere, over-saturating the natural balance. This document combines over 20 years of work on climate action planning in the City of Chula Vista, incorporating the CO₂ Reduction Plan (2000), mitigation and adaptation plans (2008/2011) and the more recent Climate Action Plan measures that were adopted by City Council in 2014. Previous Actions WHERE WE CAME FROM... Regulations & Guidance Regulations that have been devel- oped over the years provide guid- ance, direction and goals for achiev- ing GHG emissions reduction work. A comprehensive listing of state climate legislation can be found at http://climatechange.ca.gov/state/ legislation.html. STATE LEGISLATION GOAL CHULA VISTA IMPACT AB32 (2006)Requires California to reduce its greenhouse gas emissions to 1990 levels by 2020. Recent guidance in the draft AB32 2017 Scoping Plan has identified a local government per capita GHG emission goal of 6 MT CO₂e by 20303 and 2 MT CO₂e by 2050 • Adopted first Climate Action Plan in San Diego County in 2000 • Reduced GHG emissions to 6.1 MT CO₂e per person which is slightly above the draft AB32 scoping plan goals SB97 – CEQA (2007) Requires public agencies to evaluate the environmental impacts of discretionary development plans and projects in their jurisdictions All new discretionary development projects are evaluated per SB97 AB 811 (2008)Allows local governments to establish special districts that can be used to finance energy efficiency, solar or other renewable energy improvements Established PACE programs that allowed contractor to finance more than $45 million worth of energy efficiency, renewable energy and water efficiency upgrades to Chula Vista properties since 2014 SB 375 (2008)Requires metropolitan planning organizations (MPOs) to develop a regional “Sustainable Communities Strategy” (SCS) that will move the region towards its GHG target San Diego Association of Governments (SANDAG), of which Chula Vista is a member, was the first agency in California to adopt an SCS in October 2011 and also adopted the more comprehensive San Diego Forward: The Regional Plan in October 2015 Low Carbon Fuel Standards (2009) Calls for a reduction of at least 10% in the carbon intensity of California’s transportation fuels by 2020 Chula Vista’s fleet is currently composed of 36% alternative fuels and/or electric vehicles and has a policy of replacing all new vehicles with alternative fuel vehicles where possible; all contracted fleet for solid waste collection is CNG (compressed natural gas) SB 350 (2015)Establishes new clean energy, clean air (50% renewable energy and doubling energy efficiency savings by 2030) and greenhouse gas reduction goals for 2030 and beyond San Diego Gas and Electric (SDG&E) had a renewable energy rate of 43% at the end of 2016 and have contracts in place to extend that to 49% by 2021 7 2 https://www.ipcc.ch/report/ar5/ 3 The reduction goal may be lower once adjusted for relevant local emission categories.DRAFT2017-09-26 Agenda Packet Page 241 Cities are important partners in climate protection because they exercise key powers over urban infrastructure. Those powers include neighborhood design, transportation infrastructure (such as roads, streets, pedestrian areas, bicycle lanes and public transportation), waste management, parks, local buildings and facilities. All of these directly relate to the contribution of greenhouse gas emissions and correlated energy use. The 20 action measures listed were key components of Chula Vista’s original CO₂ Reduction Plan. 4 #STRATEGY FOCUS #STRATEGY FOCUS 1 Municipal Clean Fuel Vehicles 11 Pedestrian/Bicycle Site Orientation 2 Private Clean Fuel Vehicles 12 Bicycle/Transit/Employment Integration 3 Municipal Clean Fuel Demonstrations 13 Bicycled Lands/Paths/Routes 4 Telecommuting/Tele-centers 14 Energy efficient Landscaping 5 Municipal Buildings/Employee Trips 15 Solar Pool Heating 6 Pedestrian/Transit Connections 16 Traffic Signals 7 Housing Density Near Transit 17 Student Transit Subsidy 8 Transit Oriented Site Design 18 Greenstar Program 9 Increased Land-Use Mix 19 Municipal Purchasing Standards 10 Reduced Commercial Parking 20 Employment Density Near Transit Original CO₂ Reduction Plan (2000) 8 No-Cost Home Energy & Water Check-up Composting Class: Living Coast Discovery Center 4 To review the full plan please visit: www.chulavistaca.gov/home/ showdocument?id=5445 DRAFT2017-09-26 Agenda Packet Page 242 City staff members were able to implement many of the plan's actions, including: Traffic Signal LED Retrofit – Replaced 150 incandescent traffic signals to LED modules that reduced energy usage by 90 percent and saved maintenance cost because of the longer bulb life. Increased Density – Transit-oriented development (TOD) was identified in the 2005 General Plan update and has been incorporated in developments and plans such as the Urban Core Specific Plan. Alternative Fuel Vehicles – Converted transit buses to alternative fuel (CNG). “...Each of the last three decades has been successively warmer than any preceding decade since 1850. It is extremely likely that human influence has been the dominant cause of the observed warming since the mid-20th century.” – Intergovernmental Panel on Climate Change (IPCC) TRAFFIC SIGNALS Retrofitted all incandescent traffic signals to LED modules that saved energy and reduced maintenance cost. 9 Native Plant: Common Golden Stars (Bloomeria crocea); Rice Canyon, Chula VistaDRAFT 2017-09-26 Agenda Packet Page 243 In May 2007, staff reported to City Council that Chula Vista’s per capita greenhouse gas emissions decreased by 17 percent; however, mainly due to a 61 percent growth in population, citywide emissions had increased by 35 percent from 1990 to 2005. As a result, the City Council directed staff to convene the CCWG to develop recommendations to mitigate, or reduce, the community’s greenhouse gas emissions, or “carbon footprint” to minimize the severity of predicted impacts of climate change – and to assist in meeting the City’s greenhouse gas emissions reduction targets. The CCWG selected seven measures that were adopted by City Council on April 1, 2008. 2008 MITIGATION MEASURES POLICY/ PROGRAM PROGRAM STRATEGY ACTION 1 100% Clean Vehicle Replacement Policy for City Fleet Replace retired vehicles through the purchase or lease of alternative fuel and hybrid vehicles where available 36% of city vehicles are alternative fuel vehicles with a goal to increase to 40% by 2020 2 100% Clean Vehicle Replacement Policy for City-Contracted Fleet Services Work with current and future vendors to include a “Clean Vehicle” replacement policy into the bid and contracting process Chula Vista transit and waste hauling have been converted to 100% alternative fuel vehicles 3 Business Energy Assessments Through an ordinance addition, encourage businesses to participate in a no-cost assessment as part of the business licensing process To date more than 5,700 no-cost business evaluations have been conducted with more than 50% implementing an energy saving action 4 Green Building Standard Through a building code revision, require new and renovated buildings to increase their energy efficiency and meet statewide green building standards Required new building to be 15% more energy efficient that 2011 code and required pre-plumbing for water re-use 5 Solar & Energy Efficiency Conversion Provide a cost-effective, streamlined mechanism for property owners to implement solar and energy efficiency upgrades and create a municipal code requiring pre-wiring for solar electric systems Passed “solar ready” ordinance in 2009 and created PACE financing programs in 2014 6 Smart Growth Around Trolley Stations Implement the ‘smart growth’ design principles outlined in municipal planning documents The Palomar Gateway specific plan emphasizes multi-modal, mixed-use development patterns and was approved by City Council in 2013 7 Outdoor Water Conservation Provide a cost-effective, streamlined mechanism for installing water saving plants at private/public sites and create new municipal landscape regulations The Landscape Water Conservation Ordinance was updated in 2011 and 2015 and PACE financing can also be used for water conservation upgrades BUILDING CODES Homes required to be PV ready before state mandate SAVING WATER Updated landscape ordinance FINANCING Launched PACE Program that has financed over $45 million in energy and water conservation projects 10 Climate Mitigation Plan (2008) To review the full Climate Mitigation Plan visit: http://www.chulavistaca.gov/home/showdocument?id=5433DRAFT 2017-09-26 Agenda Packet Page 244 Climate Adaptation Plan (2011) Climate adaptation means taking actions today to prepare for expected current and future impacts of climate change. The City of Chula Vista has long understood the risk of climate change to its community and has established itself as a leader among municipalities in planning to reduce, or mitigate, citywide greenhouse gas emissions. However, despite efforts both locally and globally to mitigate emissions, some level of climate change will still occur, and will have noticeable impacts on the San Diego region. In order to manage these climate change impacts, and to reduce future risks and costs, the City’s CCWG recommended 11 strategies listed here to “adapt” the community to these impacts within energy and water supply, public health, wildfires, ecosystem management, coastal infrastructure and the local economy sectors. Also referred to as “resiliency planning” some adaptation actions address long standing natural vulnerabilities (such as wildfires or lack of local water) that are now being magnified by climate change. Addressing these concerns, for example by increasing local water supply through water re-use, is able to reduce the costs and impacts of these already existing concerns. #STRATEGY FOCUS 1 Cool Paving 2 Shade Trees 3 Cool Roofs 4 Local Water Supply & Reuse 5 Storm Water Pollution Prevention & Reuse 6 Education & Wildfires 7 Extreme Heat Plans 8 Open Space Management 9 Wetlands Preservation 10 Seal Level Rise & Land Development Codes 11 Green EconomySEA LEVEL RISE Increased grading ordinance and subdivision manual to account for sea level CLIMATE RESILIENCE Required new homes to be pre-plumbed for laundry-to- landscape water re-use GREEN INFRASTRUCTURE Created new shade tree and cool roof policy Also referred to as “resiliency planning” some adaptation actions address long standing natural vulnerabilities (such as wildfires or lack of local water) that are now being magnified by climate change. 11 Le May Pond, Otay Valley Regional Park, Chula Vista To review the full Climate Adaptation Plan visit: http://www.chulavistaca.gov/home/showdocument?id=5443 DRAFT2017-09-26 Agenda Packet Page 245 Municipal Action (2014) Emissions from municipal operations represent a small percentage of the larger community emissions. But aggressively reducing municipal emissions has showcased how the City is leading by example. This leadership included broad support from the City Council, as well as City staff, and resulted in 2014 City operations achieving a 29 percent reduction in GHG emissions from the 2005 baseline. To maintain that momentum, City leaders initiated the formation of a staff stakeholder group called the Green Team, that created the “City Operations Sustainability Plan”⁵ in 2014. This plan was promoted by the U.S. Department of Energy as an implementation guide for other jurisdictions to follow. CITY OPERATIONS SUSTAINABILITY PLAN SECTOR GOAL (BY 2020) Energy Use Reduce municipal energy use by 20% through energy efficiency and renewable energy initiatives Water Use Reduce overall municipal potable water use by 10% through water conservation, efficiency and reuse Green Purchasing At least 80% of all office and custodial supplies annually are categorized as “green” Recycling & Waste Management At least 75% of waste from municipal operations is recycled annually Pollution Prevention Prevent all non-storm water discharges from municipal facilities to storm drains Transportation Transition 40% of fleet to hybrid or other alternative fuel technology Green Buildings and Infrastructure All new buildings over 10,000 square feet will be designed and constructed to meet enhanced green building standards, while at least two existing buildings will be operated and maintained to meet enhanced green building standards Timeline 1993 Citywide Recycling 1997 City Council member attended Kyoto Protocol adoption Local Government Champion 2012 South Bay Energy Action Collaborative Formed (SoBEAC) Chula Vista Bayfront Master Plan was unanimously approved by the California Coastal Commission 2013 Platinum Beacon Spotlight Award for Best Practices 2nd place in the “Cool California Challenge” from California Air Resources Board 2014 City operations achieved a 29% reduction in GHG emissions from the 2005 baseline. 12 5 www.chulavistaca.gov/home/showdocument?id=9725 2000 Adopted First CO₂ Reduction Plan Adopted Mitigation Plan Adopted Adaptation Plan 2008 2011 DRAFT2017-09-26 Agenda Packet Page 246 EV CHARGING Installed 28 EV charging stations at 5 municipal facilities and working with SDG&E to add more than 100 new chargers GLOBAL EFFORTS Mayor attended the COP 21 Paris Climate Conference and joined the Compact of Mayors in 2015 MUNICIPAL ENERGY All 7,800 street lights converted to LED and installed 1.7 MW of solar PV to reduce municipal GHG by 29% since 2005 SAVING WATER Updated landscape ordinance, removed excess turf at facilities and adopted Water Steward ship Plan in 2016 20152014 Developed Food Waste Collection Program pilot project EPA Climate Leadership Award – Organizational Leadership Award Creation of City Operations Sustainability Plan SDG&E Local Government Champion Platinum Beacon Spotlight Award for Agency Energy Reductions Recertified as a Tree City USA (23rd time in the last 30 years) Adopted Complete Streets Policy Mayor attends COP21 / Paris Climate Conference 2016 Created Water Stewardship Plan Platinum Beacon Spotlight Award for Agency GHG Reductions DRAFT2017-09-26 Agenda Packet Page 247 GHG Emissions The City of Chula Vista is the second largest city in San Diego County and still has approximately 18,000 new homes and over 15 million square feet of commercial build- ing space to be built. Because Ch- ula Vista is a growing city, the total GHG emissions have also grown. However, since the City took ear- ly actions starting in the 1990s to reduce GHG emissions, recent per capita emissions (shown in table on the following page) indicate a 4 percent reduction from 6.1 MT CO2e in 2005 to 5.9 MT CO2e in 2012. The pie charts also provide informa- tion on the various emissions sourc- es for each inventory year, including 1990 which is no longer the City's baseline due to data availability but provides historical context. If the City had not taken early actions, the community would currently be emitting up to 30 percent more or 443,000 MT CO2e more emissions. 5 1990 transportation emissions were updated to better reflect newer transportation methodology by calibrating the old emissions based on the difference between 2005 old and new methodologies; water emissions were updated based on population. 1990 is provided for historical perspective but is not compli- ant with current inventory methodologies. Chula Vista GHG Emissions by Source 1990 2005(baseline) 2012 14 DRAFT2017-09-26 Agenda Packet Page 248 1990⁵2005 2012 2030 2050 Population 135,136 217,543 249,382 313,475 345,586 Total Emissions 1,034,272 1,333,130 1,464,735 N/A N/A Draft State per Capita Goals N/A N/A N/A 6.0 2.0 Per Capita Emissions 7.7 6.1 5.9 N/A N/A Chula Vista GHG Emissions If the City had not taken early actions, the community would currently be emitting up to 30 percent more or 443,000 MT CO₂e more emissions. Alternative Fuel Vehicle Contracted by the City 15 DRAFT2017-09-26 Agenda Packet Page 249 3Part 16 | CHULA VISTA CLIMATE ACTION PLAN DRAFT2017-09-26 Agenda Packet Page 250 Ahead of the Curve Since Chula Vista began working on cli- mate change planning 20 years ago, protocols have been updated and stan- dardized for consistency in reporting statewide. Because of these updates, the oldest inventory year, 1990, is no lon- ger compliant with the newer inventory protocols. The baseline was updated to 2005, which has all the necessary data, and aligns the City’s GHG reduction goals with the State’s goals to reduce communi- ty-wide GHG emissions to 15 percent be - low 2005 levels by 2020, and 55 percent below 2005 by 2030. New guidance, including the 2017 draft AB 32 Scoping Plan Update, lists a local government per capita, or person, re - duction goal of 6 MT CO2e by 2030 and 2MT CO2e by 2050. This is just another way to show compliance with state goals. This new goal setting approach better aligns with Chula Vista’s growing popu- lation, which has led to increased total GHG emissions. Shifting from total emis- sions to per capita emissions accounting provides a more accurate picture of the reductions being achieved. Using the per capita goals, Chula Vista appears to almost be in compliance with the 2030 goal. However, the longer-term 2050 goal is ambitious and will require the City to continue taking appropriate and aggres- sive actions. Where We Want to Go Chula Vista GHG Emission Forecast Chula Vista Per Capita Emission Forecast 2017 & BEYOND DRAFT2017-09-26 Agenda Packet Page 251 Environmental justice demands that public policy be based on mutual respect and justice for all peoples, free from any form of discrimination or bias. The City of Chula Vista works diligently to ensure that all people within the community have a voice in their government. The development of this Climate Action Plan was built via community participation and review through the CCWG. The implementation of the actions and measures within this Plan will move forward within that same context. The CCWG is one example of that commitment but additional examples include the removal of the South Bay Power Plant, incorporated environmental justice language in the most recent 2005 General Plan Update, a prioritization of Measure P funds in disadvantaged communities and providing internet hot spots available to be checked out from libraries for no cost. Environmental Justice The CCWG evaluated new opportunities to help reach the Chula Vista Climate Action Plan’s greenhouse gas reduction goals. The CCWG identified 11 action areas that could result in an additional 208,220 MT CO₂e in reductions – approximately 0.7 MT of per capita reductions and a nearly 19 percent reduction from Business As Usual (BAU) emissions – by 2020, improving local air quality, generating utility savings, reducing traffic congestion and promoting a healthier community. These recommendations were adopted by City Council in late 2014 and form the foundation of the actions below. When combined with State and Federal reduction efforts an additional reduction of 194,950 MT CO₂e is anticipated in Chula Vista (or approximately 0.4 MT of per capita reductions). For more detailed information about the specific actions including timelines, funding and responsible City departments, please see Appendix A “Implementation Actions.” New Emission Reduction Actions Economic Development & Jobs Actions that will help stimulate local economic activity Air Quality Actions that help improve local air quality Water Quality Actions that help improve local water quality Education Actions that will provide education and assistance to community members Community Health Actions that will improve general community health Equity Actions that assist traditionally disadvantaged communities in the City The icons below represent additional benefits that these new actions will provide including:DRAFT2017-09-26 Agenda Packet Page 252 1 Water Education & Enforcement A) Expand education and enforcement targeting landscape water waste 2 Water Efficiency Upgrades A) Update the City’s Landscape Water Conservation Ordinance to promote more water‐wise landscaping designs B) Require water‐savings retrofits in existing buildings at a specific point in time (not point of sale) 3 Water Reuse Plan & System Installations A) Develop a Water Reuse Master Plan to maximize the use of storm water, graywater and onsite water reclamation B) Facilitate simple graywater systems for laundry‐to‐landscape applications C) Streamline complex graywater systems’ permit review WATER CONSERVATION & REUSE Support source reduction & product stewardship Increase collection of recyclable material Support recycling & organics market development Divert all organic materials from landlls 1 Zero Waste Plan A) Develop a Zero Waste Plan to supplement statewide green waste, recycling and plastic bag ban efforts WASTE REDUCTION 1. Promote and support source reduction 2. Support of product stewardship 3. Reduce the use of toxic materials 4. Promote and educate on zero waste principles 5. Combine recycling with economic development to fuel new businesses, expand existing markets, and create jobs 6. Increase recycling and composting 7. Reduce and divert organic materials for landfills by prioritizing food waste distribution by feeding people first, then animals, followed by composting and/or anaerobic digestion, and lastly gasification 19 of our water supply comes from local sources 15% 85%imported sources Only DRAFT2017-09-26 Agenda Packet Page 253 1 Energy Education & Enforcement A) Expand education targeting key community segments and facilitating energy perfor- mance disclosure (eg. Green Leases, benchmarking and Home Energy Ratings) B) Leverage the building inspection process to distribute energy‐related information and to deter unpermitted, low performing energy improvements 2 Clean Energy Sources A) Incorporate solar photovoltaic into all new residential and commercial buildings B) Provide more grid‐delivered clean energy (up to 100%) through Community Choice Aggregation or other mechanism 3 Energy Efficiency Upgrades A) Expand the City’s “cool roof” standards to include re‐roofs and western areas B) Facilitate more energy upgrades in the community through incentives, permit streamlin- ing (where possible) and education C) Require energy‐savings retrofits in existing buildings at a specific point in time (not at point of sale) 4 Robust Urban Forests A) Plant more shade trees to save energy, address heat island issues and improve air quality RENEWABLE & EFFICIENT ENERGY 20 Megawatts (MW) of Solar Added in Chula VistaDRAFT 2017-09-26 Agenda Packet Page 254 1 Complete Streets & Neighborhoods A) Incorporate “Complete Streets” principles into municipal capital projects and plans B) Encourage higher density and mixed‐use development in Smart Growth areas, especially around trolley stations and other transit nodes 2 Transportation Demand Management A) Utilize bike facilities, transit access/passes and other Transportation Demand Management and congestion management offerings B) Expand bike-sharing, car-sharing and other “last mile” transportation options 3 Alternative Fuel Vehicle Readiness A) Support the installation of more local alternative fueling stations B) Designate preferred parking for alternative fuel vehicles C) Design all new residential and commercial buildings to be “Electric Vehicle Ready” SMART GROWTH & TRANSPORTATION Recent projects that highlight the City's commitment to providing multi modal transportation options: 21 2016Bike lanes on Broadway 2015Main Street streetscape 2015Adoption of Complete Streets Policy The strategies from multiple sectors listed above (and on the previous two pages) will strive to accomplish five overarching goals: • Energy and Water Efficient Buildings • Smart Growth & Clean Transit • Zero Waste • Increase Local Energy and Water Resources • Lead by Example • Community Resilience Actions Summary 2017 Chula Vista was designated a "Bicycle Friendly Community" in 2014 F Street Promenade StudyF Street Promenade Study DRAFT2017-09-26 Agenda Packet Page 255 4Part 22 | CHULA VISTA CLIMATE ACTION PLAN DRAFT2017-09-26 Agenda Packet Page 256 Once the Plan is adopted by City Council, there remains more work to accomplish. To facili- tate keeping City leaders and stakeholders informed on implementation progress, City staff will conduct multiple efforts to increase transparency and keep the community engaged and informed. GHG Inventories Due to data availability issues, the City has not been able to conduct a community GHG inventory since 2012. As soon as the regional data issues are resolved, Chula Vista staff plan on conducting GHG inventories every two to three years. It is anticipated that these inven- tories, being a part of SANDAG’s Regional GHG Inventory Framework effort, will be stream- lined and standardized to ensure timely completion. Inventories are the best indicator of overall progress to reduce emissions. However, inventories provide little detail into the exact sources of the emissions or the progress of specific projects undertaken in the Plan. Tracking, Monitoring & Updates Inventories are the best indicator of overall progress to reduce emissions. 23 DRAFT2017-09-26 Agenda Packet Page 257 Implementation Progress Reports Staff will continue to track program implementation and performance metrics in a publicly available Implementation Report. The Report will include a detailed look at the progress made in implementing the strategies and actions defined in the CAP. Similar to past Implementation Progress Reports, these update reports will measure City actions, and are projected to occur every two years. Updates This Climate Action Plan is a living document. Strategies and actions included in this plan will be implemented, may become outdated or need to adjust to new technologies. Updates to the Plan will occur approximately every 5 years. This update was focused on mitigation measures but acknowledge that community resilience (adaptation) measures will need to be updated in the future. Community Engagement The CCWG, composed of residents, businesses, and community organization representatives, will continue to be called upon to assist with implementation strategies. The community engagement process has worked well for the City and citizens. Community participation is strong in many areas of Chula Vista government, such as the Local Government Partnership with San Diego Gas & Electric® that has provided long- term funding for energy efficiency efforts. The City works to celebrate that participation and encourages residents and businesses to talk about the actions they are taking to help reduce GHG emission, working toward clean air, clean water and clean land for all. The City works to celebrate that participation and encourages residents and businesses to talk about the actions they are taking to help reduce GHG emission, working towards clean air, clean water and clean land for all. 2324 Used Oil Collection Center DRAFT2017-09-26 Agenda Packet Page 258 The Chula Vista Clean Businesses Program celebrates the actions businesses take to achieve greater profitability through reduced costs and better environment for their employees and patrons. These actions contribute to a better community environment – reducing GHG emissions through energy efficiency and water conservation, increased recycling, diverting food waste from landfills, encouraging green commuting and driving hybrids or electric vehicles. The City’s Sustainability Commission and City Coun- cil also annually recognize those who live and work in Chula Vista for their cleaner actions through the Clean Champion Awards as part of the April Earth Month celebrations. City leaders also recognized that climate change is a larger issue than any one City can address alone. Chula Vista engaged early, and continues to engage, in multiple climate change forums and organizations that reach beyond Chula Vista’s borders in an effort to build regional, national and international support. Founding member of San Diego Reginal Energy Partnership and San Diego Regional Climate Collaborative - These groups allow us to work with the larger San Diego region to network, plan and implement programs to share knowledge and help address energy conservation and climate change. Founding member of the South Bay Energy Action Collaborative – Allows us to share our knowledge and experience addressing energy conservation with south bay neighbors. The Compact of Mayors works with the leadership of the world’s global city networks – C40 Cities Climate Leadership Group (C40), ICLEI – Local Governments for Sustainability (ICLEI) and the United Cities and Local Governments (UCLG) – with support from UN-Habitat, the UN’s lead agency on urban issues, to help build support for local climate actions. Paris Climate Conference / COP 21 – Thanks to support from ICLEI and the WWF, the Mayor of Chula Vista was able to attend the 2015 Paris Climate Conference and continue to push for international climate action while highlighting the role local governments are already playing. Chula Vista is proud to be one of the initial Cities to sign onto Climate Mayors (Mayors National Climate Action Agenda, or MNCAA) which is a network of 88 U.S. mayors – representing over 43 million Americans – working together to strengthen local efforts for reducing greenhouse gas emissions and supporting efforts for binding federal and global-level policy making. 25 FREBE Business Evaluation Bike valet at local eventsDRAFT 2017-09-26 Agenda Packet Page 259 5PartCHULA VISTA CLIMATE ACTION PLAN APPENDIX A - Implementation Actions DRAFT2017-09-26 Agenda Packet Page 260 6PartCHULA VISTA CLIMATE ACTION PLAN APPENDIX B - Past Action Update DRAFT2017-09-26 Agenda Packet Page 261 7Part CHULA VISTA CLIMATE ACTION PLAN APPENDIX C - User Guide to ActionDRAFT 2017-09-26 Agenda Packet Page 262 The City would like to celebrate and acknowledge the individuals who helped prepare this plan. Thank you to those who participated in the Climate Change Working Group meetings to prepare the recommendations that were adopted by City Council 2014. Your work makes Chula Vista a beautiful, clean and vibrant place to live, work and play. 2014 Climate Change Working Group Members • Sassan Rahimzadeh (former Chair), Sustainability Commission • Robert Coleman, Sustainability Commission • Ben Flores, Sustainability Commission • Ellen Kappes, Sustainability Commission • Debbie Discar-Espe, Chula Vista Charitable Foundation • Lisa Davis, Chula Vista High Tech High School • Sean Kilkenny, Otay Ranch Company (ALT: Nick Lee, Baldwin & Sons) • Todd Galarneau, Corky McMillin/CV Chamber • Rich D’Ascoli, Pacific Southwest Association of Realtors • Hugo Mora, Mocard Group Inc. • Allison Wood, San Diego Association of Governments • Len Hering, Center for Sustainable Energy (ALT: Andrea Cook) • Carlos Jaime, Republic Services • Pauline Martinson, I Love A Clean San Diego (ALT: Samantha Russo) • Josh Brock, San Diego Gas & Electric • Sue Mosburg, Sweetwater Authority City Staff Support • Economic Development Department, Office of Sustainability: Conservation Section Environmental Services Section • Public Works Department: Operations Section • Development Services Department • Engineering & Capital Improvement Department Technical Support • Nilmini Silva-Send, Energy Policy Initiatives Center (EPIC) University of San Diego • ICLEI – Local Governments for Sustainability Acknowledgements Mayor at 2015 Paris Climate Conference Funding for this Project: This initiative is part of the City of Chula Vista’s Local Government Partnership program, which is funded by California utility ratepayers and administered by San Diego Gas & Electric under the auspices of the California Public Utilities Commission.DRAFT2017-09-26 Agenda Packet Page 263 1 of 13 Chula Vista Climate Action Plan: Appendix A Objectives, Strategies & Implementation Actions (Last updated 8/28/17) In conjunction with the City’s updated 2017 Climate Action Plan, this appendix provides a more detailed look into the specific actions that the City will take to address the City Council adopted Climate Change Working Group (CCWG) recommendations. This appendix provides more detailed descriptions into the CAP implementation process, including the department leading each action, a time frame for its expected completion (or start if ongoing) and its most recent funding status. Each objective also lists the annual reduction in GHG MT C02 e that each objective is expected to provide in 2020 and 2035. Funding status description: Funded ‐ actions that have already been funded Ongoing ‐ actions that continue going forward and have secured funding Identified ‐ future actions that have an identified funding source Grants / Partners ‐ actions to be funded through grants or partnerships Needed ‐ funding source still needs to be identified Lead department abbreviations: DSD – Development Services Department DSD – NS ‐ Development Services Department Neighborhood Services ED ‐ Economic Development Department ED ‐ Cons. – Economic Development Department, Conservation Section ED ‐ ES – Economic Development Department Environmental Services Section Eng – Engineering & Capital Improvement Department PW‐ Ops – Public Work Department Operation Section DRAFT2017-09-26 Agenda Packet Page 264 2 of 13 Objective 1.1 – Water Education & Enforcement Performance Metric: Directly engage 8% of households on water conservation per year 2020 MT C02 e GHG Reductions: 37 2035 MT C02 e GHG Reductions: 43 Strategy 1. Expand education and enforcement targeting landscape water waste. Implementation Actions Funding Timeframe Lead A Offer free water evaluations and technical assistance through NatureScape & Home Upgrade, Carbon Downgrade programs Funded Ongoing ED ‐ Cons. B Prohibit all landscape irrigation runoff including incidental discharges Funded Completed Q4 ‐ 2015 PW‐Ops C Promote a hotline to identify water wasters and to target outreach Identified Q3 ‐ 2018 ED ‐ Cons. D Develop escalating enforcement policy (up to possible fine) for homes that repeatedly waste water through irrigation run off Funded Completed Q4 ‐ 2015 PW‐Ops E Create outdoor signage at City facilities to showcase efficient landscape designs Grants Q1 ‐ 2019 ED ‐ Cons. F Work with water districts to create mobile display(s) showcasing water conservation and re‐use options Funded Completed Q4 ‐ 2015 ED ‐ Cons. Objective 1.2 – Water Efficiency Upgrades Performance Metric: Retrofit 1,000 homes per year with water‐efficient devices (including landscaping) 2020 MT C02 e GHG Reductions: 6,240 2035 MT C02 e GHG Reductions: 14,261 Strategy 1. Update the City’s landscaping regulations to promote more water‐wise designs. Implementation Actions Funding Timeframe Lead A Update ordinances to establish best practices and water “budgets” for landscape designs Funded Completed DSD B Update Landscape Water Conservation Ordinance to increase efficiency (by at least 20%) Funded Completed Q4 ‐ 2015 DSD WATER CONSERVATION & REUSE DRAFT2017-09-26 Agenda Packet Page 265 3 of 13 C Revise Water Conservation Plan Guidelines and Landscape Manual to match new landscape requirements Funded Completed Q4 ‐ 2015 DSD Strategy 2. Require water‐savings retrofits in existing buildings at a specific point in time. Implementation Actions Funding Timeframe Lead A Require free water evaluations for businesses as part of licensing process Funded Ongoing ED ‐ Cons. B Include free retrofit evaluations in Home Upgrade, Carbon Downgrade program Funded Ongoing ED ‐ Cons. C In consultation with community stakeholders (such as Realtors) offer additional Property Assessed Clean Energy (PACE) programs to help finance water retrofits in community Funded Ongoing Q4 – 2015 ED ‐ Cons. D Evaluate implementation of 3.3.3D to evaluate possibilities of adding water conservation measures or information Identified Q2 ‐ 2018 DSD Objective 1.3 – Water Reuse Plan & System Installations Performance Metric: Install 3,750 water reuse systems citywide by 2020 (6,000 by 2035) 2020 MT C02 e GHG Reductions: 6,080 2035 MT C02 e GHG Reductions: 9,728 Strategy 1. Develop a Water Reuse Framework for storm water, graywater, and onsite water reclamation. Implementation Actions Funding Timeframe Lead A Complete a Water Reuse Framework to identify opportunities and barriers Funded Completed Q4 ‐ 2016 ED ‐ Cons. B Develop permitting guidance, in partnership with local water districts, for simple water reuse technologies Needed Q2 ‐ 2018 ED ‐ Cons. C Develop promotional guidance that minimizes cross contamination risk for indoor recycled water use in commercial buildings Grants/ Partners Q2 ‐ 2018 ED ‐ Cons. DRAFT2017-09-26 Agenda Packet Page 266 4 of 13 Strategy 2. Facilitate simple graywater systems for Laundry‐to‐Landscape applications. Implementation Actions Funding Timeframe Lead A Develop a graywater educational guide to help ensure proper installation and use Funded Completed ED ‐ Cons. B Require single‐family homes/duplexes to include simple graywater pre‐plumbing Funded Completed DSD C Host workshops and promote incentives for simple graywater systems Funded Ongoing ED ‐ Cons. D Work with water districts to create mobile display(s) showcasing water conservation and re‐use options Funded Completed Q2 ‐ 2015 ED ‐ Cons. Strategy 3. Streamline complex graywater systems permit review. Implementation Actions Funding Timeframe Lead A Work with local water districts in developing guidance and a streamlined permit for complex systems Grants/ Partners Q2 ‐ 2019 ED ‐ Cons. B Host at least two workshops for contractors and developers Identified Q1 ‐ 2018 DSD DRAFT2017-09-26 Agenda Packet Page 267 5 of 13 Objective 2.1 – Zero Waste Plan Performance Metric: Divert 75% of solid waste from the landfill by 2020 (90% by 2035) 2020 MT C02 e GHG Reductions: 38,126 2035 MT C02 e GHG Reductions: 48,798 Strategy 1. Develop a Zero Waste Plan to supplement statewide green waste, recycling, and plastic bag ban efforts. Implementation Actions Funding Timeframe Lead A Initiate planning for organics management to divert from landfill Funded Ongoing ED ‐ ES B Develop a Zero Waste Policy for City Council consideration Identified Q4 ‐ 2017 ED ‐ ES C Create Zero Waste guidelines for events Identified Q4 ‐ 2017 ED ‐ ES D Create Zero Waste business certifications Identified Q4 ‐ 2017 ED ‐ ES E Create Zero Waste guidelines for building deconstruction Identified Q4 ‐ 2017 ED ‐ ES F Draft "Management of Organics" policy for City Council consideration that would support the use of local compost on City and private properties. Identified Q1 ‐ 2019 ED ‐ ES WASTE REDUCTION DRAFT2017-09-26 Agenda Packet Page 268 6 of 13 Objective 3.1 – Energy Education & Enforcement Performance Metric: Engage 8% of households and businesses on energy conservation per year 2020 MT C02 e GHG Reductions: 1,936 2035 MT C02 e GHG Reductions: 1,936 Strategy 1. Expand education targeting key community segments and facilitate energy performance disclosure. Implementation Actions Funding Timeframe Lead A Offer free evaluations through Free Resource & Energy Business Energy Evaluations (FREBE) & Home Upgrade, Carbon Downgrade programs Funded Ongoing ED ‐ Cons. B Engage “green” business leaders through CLEAN Business program Funded Ongoing ED ‐ Cons. C Initiate community‐wide social marketing campaigns to target key segments, such as DIY, disadvantaged residents and high energy users Funded Ongoing ED ‐ Cons. D Launch a “Build Green” awareness and assistance program for builders and permit applicants Funded Ongoing DSD E Promote the use of Green Leases to commercial property owners and tenants Identified Q2 ‐ 2018 ED ‐ Cons. F Create local incentives or policies for building benchmarking and public disclosure Identified Q4 ‐ 2017 ED ‐ Cons. Strategy 2. Leverage the building inspection process to deter unpermitted, low‐performing energy improvements. Implementation Actions Funding Timeframe Lead A Initiate monthly energy code trainings for building permit and inspection staff Funded Ongoing DSD B Conduct secondary reviews of inspections to help identify common energy code errors Funded Ongoing DSD C Integrate energy and sustainability info into permit counter and/or inspection outreach materials Identified Q4 ‐ 2017 DSD D Determine if bulk or annual permit program will encourage more permitted jobs Identified Q1 ‐ 2019 DSD E Create “Build Green Chula Vista” network to support contractors, inspectors, appraisers and others who Identified Q2 ‐ 2018 DSD RENEWABLE & EFFICIENT ENERGY DRAFT2017-09-26 Agenda Packet Page 269 7 of 13 work with homes. F Work with state/regional partners on consumer education of the value of permits and complaints related to energy code Partner Q3 ‐ 2018 ED ‐ Cons. Objective 3.2 – Clean Energy Sources Performance Metric: Provide more than 50% of electricity from renewable sources by 2020 (70% by 2035) 2020 MT C02 e GHG Reductions: 52,121 2035 MT C02 e GHG Reductions: 62,420 Strategy 1. Incorporate solar into all new buildings to help transition to Zero Net Energy design. Implementation Actions Funding Timeframe Lead A Adopt pre‐wiring and pre‐plumbing standards for solar photovoltaic and solar hot water, respectively Funded Completed DSD B Develop a solar photovoltaic requirement for new homes and businesses for City Council consideration Identified/ Grant Q1 ‐ 2018 ED ‐ Cons. Strategy 2. Provide more grid‐delivered clean energy (up to 100%) through Community Choice Aggregation or other mechanism. Implementation Actions Funding Timeframe Lead A Conduct a CCA Feasibility Study to identify costs and benefits for City Council consideration Needed Q1 ‐ 2019 ED ‐ Cons. B Evaluate potential to partner with private sector to utilize municipal facilities for community solar projects (such as to support SDG&E’s EcoShare program) Needed Q2 ‐ 2018 ED ‐ Cons. C Promote “green” electricity credits and tariffs such as SDG&E’s EcoChoice Funded Ongoing ED ‐ Cons. DRAFT2017-09-26 Agenda Packet Page 270 8 of 13 Objective 3.3 – Energy Efficiency Upgrades Performance Metric: Retrofit 13% of single family & multifamily homes and 10% of commercial Sqft to save 25% by 2020 (20% of both with 50% savings by 2035) 2020 MT C02 e GHG Reductions: 9,428 2035 MT C02 e GHG Reductions: 22,432 Strategy 1. Reauthorize the City’s “cool roof” standards and expand to include re‐roofs and western areas. Implementation Actions Funding Timeframe Lead A In consultation with community stakeholders (such as Realtors) offer additional Property Assessed Clean Energy (PACE) programs to help finance cool roof retrofits in community Funded Completed Q4 – 2015 & Q3 ‐ 2017 ED ‐ Cons. B Review related cost‐effectiveness studies for the City’s two climate zones and determine if cool roof requirements are cost effective Identified Q2 ‐ 2018 DSD Strategy 2. Facilitate more energy upgrades in the community through incentives, permit streamlining (where possible), and education. Implementation Actions Funding Timeframe Lead A Leverage Community Development Block Grant funding for energy upgrades for low‐income households Funded Ongoing DSD B Offer expedited permitting for projects in voluntary Green Building Plus program Funded Ongoing DSD C Transition to over‐the‐counter permitting for residential solar systems Funded Completed Q3 ‐ 2015 DSD D Work with SDG&E to evaluate feasibility of a permit‐ based energy efficiency incentive Identified Q4 ‐ 2018 DSD E Evaluate if the City can allow SDG&E QA/QC program to serve as final permit inspection Identified Q4 ‐ 2018 DSD F Seek funds to subsidize expedited Cal Green Tier 1 projects Needed Q4 ‐ 2017 DSD Strategy 3. Require energy‐savings retrofits in existing buildings at a specific point in time. Implementation Actions Funding Timeframe Lead A Require free energy evaluations for businesses as part of licensing process Funded Ongoing ED ‐ Cons. B Include free retrofit evaluations in Home Upgrade, Carbon Downgrade program Funded Ongoing ED ‐ Cons. DRAFT2017-09-26 Agenda Packet Page 271 9 of 13 C Offer additional Property Assessed Clean Energy (PACE) programs to help finance energy retrofits in community Funded Completed Q4 ‐ 2015 ED ‐ Cons. D Develop Residential and Commercial Energy Conservation ordinance for City Council consideration Identified Q4 ‐ 2017 ED ‐ Cons. E Require increased energy standards on projects that receive financing from the City via Notice of Funding Availability (NOFA) Identified Q2 ‐ 2018 DSD ‐ NS Objective 3.4 – Robust Urban Forests Performance Metric: Expand urban tree canopy cover to 15% by 2020 (25% by 2035) 2020 MT C02 e GHG Reductions: 7,278 2035 MT C02 e GHG Reductions: 12,678 Strategy 4. Plant more shade trees to save energy, address heat island issues, and improve air quality. Implementation Actions Funding Timeframe Lead A Develop a formal City Council policy to maximize shade tree use Funded Completed DSD B Develop an Urban Forestry Management Plan to guide shade tree plantings and maintenance Identified Q4 ‐ 2018 PW‐Ops DRAFT2017-09-26 Agenda Packet Page 272 10 of 13 Objective 4.1 – Complete Streets & Neighborhoods Performance Metric: Reduce average vehicle miles traveled by 4% by 2020 (5% by 2035) 2020 MT C02 e GHG Reductions: 14,106 2035 MT C02 e GHG Reductions: 16,552 Strategy 1. Incorporate “Complete Streets” principles into municipal capital projects and plans. Implementation Actions Funding Timeframe Lead A Adopt a formal Complete Streets Policy to ensure all transportation users’ needs are met Funded Completed Q1 ‐ 2015 Eng B Update Capital Improvement Plan (CIP) and Tentative Map standard work to include complete streets considerations Funded Completed Q4 ‐ 2015 Eng C Combine the Bikeway/Pedestrian Master Plans into a single Active Transportation Master Plan Funded In Progress Q4 ‐ 2019 Eng D Transition Growth Management Oversight Commission (GMOC) Ordinance’s traffic threshold to more broadly account for “transportation” Identified Q4 ‐ 2018 Eng Strategy 2. Encourage higher density and mixed‐use development in Smart Growth areas, especially around trolley stations and other transit nodes. Implementation Actions Funding Timeframe Lead A Develop a specific plan for the Palomar Gateway area, including the Palomar Trolley Station Funded Completed DSD B Prepare a matrix to help determine and map targeted development locations Funded Completed Q2 2015 & ongoing (as needed) DSD C Review additional possible incentives for development in priority areas for City Council consideration Funded Completed Q2 ‐ 2016 DSD D Work with SANDAG to complete new South Bay Bus Rapid Transit service Identified Q3 ‐ 2018 Eng E Implementation of Urban Core Specific Plan (UCSP) around E Street Trolley Station Identified Q2 ‐ 2018 ED F Pursue trolley grade separation along the I‐5 corridor at E Street, F Street & H Street Identified In Progress Q1 ‐ 2020 Eng SMART GROWTH & TRANSPORTATION DRAFT2017-09-26 Agenda Packet Page 273 11 of 13 G Complete environmental document for trolley grade separation at Palomar Street/Industrial Blvd Funded Q3 - 2018 Eng Objective 4.2 – Transportation Demand Management Performance Metric: Increase citywide alternative commute rates to 7% by 2020 (9% by 2035) 2020 MT C02 e GHG Reductions: 44,260 2035 MT C02 e GHG Reductions: 103,363 Strategy 1. Utilize bike facilities, transit access/passes, and other Transportation Demand Management and congestion management offerings. Implementation Actions Funding Timeframe Lead A Complete Transportation Demand Management study in coordination with SANDAG Identified Q4 ‐ 2017 DSD B Update traffic signal synchronization along Olympic, East H, Telegraph Canyon and Otay Lakes roadways Identified Q1 ‐ 2019 Eng C Complete traffic signal synchronization in connection with new Bus Rapid Transit (BRT) along East Palomar Identified Q1 ‐ 2019 Eng Strategy 2. Expand bike‐sharing, car‐sharing, and other “last mile” transportation options. Implementation Actions Funding Timeframe Lead A Host workshops to promote bicycle use and safety Identified Ongoing ED ‐ Cons. B Review “last mile” transportation infrastructure (including technology‐based solutions) and propose needed programs or policies to City Council for consideration Needed Q4 ‐ 2018 Eng C Based on outcome of 4.2.2B, facilitate bike‐sharing services into the City Identified Q4 ‐ 2018 ED ‐ Cons. D Based on outcome of 4.2.2B, facilitate car‐sharing services into the City Identified Q4 ‐ 2018 ED ‐ Cons. E Continue to implement bike facilities in Bikeway Master Plan & pedestrian improvements in Pedestrian Master Plan Identified Q2 ‐ 2019 Eng DRAFT2017-09-26 Agenda Packet Page 274 12 of 13 Objective 4.3 – Alternative Fuel Vehicles Performance Metric: Support citywide expansion of alternative fuel vehicle use by 4% of VMT by 2020 (11% by 2035) 2020 MT C02 e GHG Reductions: 28,608 2035 MT C02 e GHG Reductions: 61,819 Strategy 1. Support the installation of more local alternative fueling stations Implementation Actions Funding Timeframe Lead A Install a 12,000‐gallon biodiesel tank at Public Works Yard Funded Completed PW‐Ops B Install a publicly‐available CNG fueling station at Public Works Yard Funded Completed PW‐Ops C Install publicly‐available electric vehicle (EV) chargers at 5 sites Funded Completed PW‐Ops D Convert transit and solid waste hauler to alternative fuel vehicles Funded Completed PW‐Ops E Facilitate electric vehicle (EV) chargers, through programs such as SDG&E’s Power Your Drive, in areas of City not currently served Identified Q4 ‐ 2018 ED ‐ Cons. F Update City’s Alternative Fuel Station map to promote fuel availability Identified Q4 ‐ 2017 ED ‐ Cons. G Convert street sweeper and tow trucks to alternative fuel vehicles Identified Q4 ‐ 2019 PW‐Ops Strategy 2. Designate preferred parking for alternative fuel vehicles. Implementation Actions Funding Timeframe Lead A Establish preferred parking for Alternative Fuel Vehicles (AFV) at public parking lots Funded Completed Q2 ‐ 2015 & ongoing (as needed) PW‐ Ops B Develop new AFV parking requirements for new commercial sites for City Council consideration Identified Q4 ‐ 2018 DSD Strategy 3. Design all new residential and commercial buildings to be “Electric Vehicle Ready.” Implementation Actions Funding Timeframe Lead A Develop an EV‐Ready ordinance for City Council consideration Funded Completed Q4 ‐ 2015 DSD DRAFT2017-09-26 Agenda Packet Page 275 B Integra outrea C Comple Ranch. ate EV‐Ready ch programs ete Neighborh y requireme s ood Electric V ent informat Vehicle netwo 13 of 13 ion into ork in Otay Fun Iden nded Co Q ntified Q ompleted Q4 ‐ 2015 Q2 ‐ 2019 DSD Eng DRAFT2017-09-26 Agenda Packet Page 276 Climate Action Plan Implementation 1 of 18 Progress Report (November 2013) CLIMATE ACTION PLAN Implementation Progress Report November 2013 OVERVIEW Since 2000, Chula Vista has been implementing a Climate Action Plan to address the threat of climate change to the local community. Over the past 5 years, this original plan has been revised to incorporate new climate mitigation (2008) and adaptation (2011) measures to strengthen the City’s climate action efforts and to facilitate the numerous community co-benefits such as utility savings, better air quality, reduced traffic congestion, local economic development, and improved quality of life. Based on available funding, staff has been implementing the 18 climate-related actions and their 57 associated components. Overall, 70% of the components have been successfully completed and/or are being implemented on an ongoing basis, which represents a 7% increase since the last reporting period. Another 26% are still being actively pursued, while only two components remain on-hold. IMPLEMENTATION PROGRESS The following report outlines the implementation progress for the 7 climate mitigation measures and the 11 climate adaptation strategies. In addition to background information and next steps, staff has highlighted whether the implementation is: Completed – All required implementation steps have been completed Ongoing – All required initial steps have been completed, but component is still actively being implemented In Progress – Implementation steps are still being developed and pursued based on the original implementation plan On-Hold – Implementation has not proceeded due to a programmatic barrier (such as funding) As directed by City Council, staff has been implementing the 18 climate-related actions and their 57 associated components based on available funding. Out of the 27 mitigation-related components, 78% have been successfully completed and/or are ongoing programs. In addition, 19% of the mitigation components are still being actively pursued. The H Street Corridor Study (under Mitigation Measure #6) continues to be the only “on-hold” strategy due to the dissolution of the City’s Redevelopment Agency. Out of the 30 adaptation-related components, 63% and 33% have been successfully completed/ongoing or are still being actively pursued, respectively. Only one component under Adaptation Strategy #9 still remains “on-hold.” Overall, the number of mitigation and adaptation components, which are completed/ongoing, has increased by 7% since the last reporting period. 2017-09-26 Agenda Packet Page 277 Climate Action Plan Implementation 2 of 18 Progress Report (November 2013) CLIMATE MITIGATION MEASURES The following (7) measures are designed to reduce greenhouse gas or “carbon” emissions from municipal operations and the broader Chula Vista community. The measures complement one another as well as state and federal climate mitigation initiatives. Overview Measure #1 directs the City to require that 100% of the replacement vehicles purchased for the municipal fleet be high efficiency (hybrid) or alternative fuel vehicles (AFVs). However, factors such as the appropriateness for the vehicle task, fueling infrastructure, petroleum displacement, and the overall cost and environmental benefit must be considered prior to purchasing each replacement vehicle. #COMPONENTS STATUS PROGRESS 1 Design and construction of a 12,000- gallon biodiesel tank at PWC Completed City’s 128 diesel-fueled vehicles (or 23% of the total fleet) have been converted to biodiesel. 2 Replace City's-fleet with AFVs or hybrids Ongoing Four new Parks Division maintenance trucks utilizing biodiesel were recently ordered and will replace conventional fuel vehicles.CLIMATE MITIGATIONMEASURE #1: 100% City-Fleet Replacement with AFVs Next Steps City vehicles will be replaced with hybrids or AFVs on an ongoing basis, as appropriate funding becomes available. By the end of Fiscal Year 2014, it is estimated that six additional alternative fuel vehicles will be purchased. MITIGATION MEASURE #1 CLEAN VEHICLE REPLACEMENT POLICY FOR CITY FLEET 2017-09-26 Agenda Packet Page 278 Climate Action Plan Implementation 3 of 18 Progress Report (November 2013) Overview Measure #2 directs staff to work with fleets under City authority to influence their expanded use of alternative fuels and high efficiency/alternative fuel vehicles (AFV) including electric, biodiesel, ethanol, hybrid, hydrogen, and compressed natural gas (CNG) based on appropriateness for vehicle task, fueling infrastructure, petroleum displacement, overall cost, and environmental benefit. #COMPONENTS STATUS PROGRESS 1 Convert Chula Vista Transit to alternative fuels and/or high efficiency vehicles Completed 100% of Chula Vista Transit fleet have been converted to AFV. 2 Convert Solid Waste Hauler to alternative fuels and/or high efficiency vehicles Completed 100% of Allied Waste fleet have been converted to AFV. 3 Convert Street Sweeper to alternative fuels and/or high efficiency vehicles In Progress Staff will incorporate AFV requirements in the bid solicitation process when the current Street Sweeping contract expires in June 2016. 4 Convert City-contracted Tow Trucks to alternative fuels and/or high efficiency vehicles In Progress A new RFP for Tow Truck service, which includes hybrid/AFV requirements, has been finalized and is scheduled to be released in the near future. 5 Open publicly-available CNG dispenser at PWC Completed The new public CNG fuel station has dispensed over 115,000 gallons (equivalent) since October 2011.CLIMATE MITIGATIONMEASURE #2: 100% City-Contracted Clean Fleets Next Steps The City continues to work with contractors and community partners to promote local alternative fuel use and infrastructure, as outlined in the Chula Vista Clean Transportation Energy Roadmap. As such, staff is currently developing a Chula Vista-specific alternative fuel infrastructure map to distribute to community members and local car dealerships, who sell alternative fuel vehicles. MITIGATION MEASURE #2 CLEAN VEHICLE REPLACEMENT FOR CITY-CONTRACTED FLEETS 2017-09-26 Agenda Packet Page 279 Climate Action Plan Implementation 4 of 18 Progress Report (November 2013) Overview The measure, as revised by City Council, states that businesses with storefronts or offices need to participate in a no-cost energy and water evaluation of their premises when a new business license is issued or once every 3-5 years for a renewed business license. The measure helps businesses identify efficiency opportunities at their facilities, access rebates and financing for efficiency improvements, and lower their monthly utility costs. Businesses are not required to implement any of the identified energy or water efficiency opportunities and are not required to complete evaluations for facility areas beyond their operational control (ex. whole-building systems operated and maintained by a Property Manager/Landlord). #COMPONENTS STATUS PROGRESS 1 Develop ordinance integrating energy & water evaluations into business licensing process Completed CVMC Chapter 20 was revised to include the evaluations, known as the "Free Resource & Energy Business Evaluations" (FREBE) program. 2 Complete onsite energy & water evaluations for businesses annually Ongoing To date, 687 on-site evaluations have been completed in 2013 to identify utility cost saving opportunities. 3 Link businesses, who are interested in pursuing efficiency improvements, to available rebates, incentives, & financing Ongoing The City's CLEAN Business Program is being revamped to better recognize and assist participants interested in efficiency improvements. 4 Report to City Council on collected fines from non-compliant businesses Ongoing In 2013, no businesses were out of compliance with the energy evaluation ordinance.CLIMATE MITIGATIONMEASURE #3: Business Energy Evaluations Next Steps As part of the South Bay Energy Action Collaborative (SoBEAC), Chula Vista is working with neighboring jurisdictions, SANDAG, and SDG&E to launch a new business engagement effort in 2014 to facilitate no and low-cost energy efficiency improvements. In addition, a Chula Vista-specific PACE program is expected to be available by April 2014 to help commercial property-owners finance energy efficiency, renewable energy, and water conservation upgrades. MITIGATION MEASURE #3 BUSINESS ENERGY EVALUATIONS 2017-09-26 Agenda Packet Page 280 Climate Action Plan Implementation 5 of 18 Progress Report (November 2013) Overview Measure #4 directed staff to adopt regulations mandating new and renovated residential and non-residential projects to incorporate early the requirements of the Housing and Community Development’s California Green Building Standards Code (CalGreen) and to be more energy efficient than the 2008 Building Energy Efficiency Standards (Title 24) by a specific percentage. In addition, the measure directed staff to implement a green building awareness program and update/establish design and regulatory provisions that incorporate sustainable practices at a community-scale. #COMPONENTS STATUS PROGRESS 1 Adopt a citywide Green Building Standard Completed In fall 2009, the City adopted the 2010 CA Green Building Standards Code early with local amendments. In fall 2011, a voluntary Green Building Plus program offering expedited permitting was launched. 2 Adopt a citywide Enhanced Energy Efficiency Standard Completed In fall 2009, the City adopted an Enhanced Energy Efficiency Code. This "reach" code will expire in July 2014, when the new statewide Energy Code becomes effective. 3 Launch a Green Building Awareness program for builders, permit applicants, & the general public Ongoing In the last 6 months, two workshops were organized for developers and City staff to better understand opportunities to incorporate LEED-ND concepts into new projects. 4 Develop design guidelines for sustainable development Completed In 2011, the City incorporated sustainability criteria into its updated Air Quality Improvement Plan Guidelines and Design Manual for large and small- scale development, respectively.CLIMATE MITIGATIONMEASURE #4: Green Building Standard Next Steps City staff continues to investigate options for revising Chula Vista’s Enhanced Energy Efficiency standard in July 2014, when the new statewide Title-24 code is updated. The City has determined that the cost-effectiveness analysis software (which is required for proposing increased standards) has only recently become available and is still pending California Energy Commission approval. Therefore, staff expects to bring forward recommendations to City Council on a new Enhanced Energy Efficiency standard in the next 6 months. MITIGATION MEASURE #4 GREEN BUILDING STANDARD 2017-09-26 Agenda Packet Page 281 Climate Action Plan Implementation 6 of 18 Progress Report (November 2013) Overview The “Solar & Energy Efficiency Conversion” program was recommended to help facilitate energy efficiency and renewable energy retrofits in the community and at municipal facilities. The community component, called the Home Upgrade, Carbon Downgrade program, is intended to help the average resident and small business overcome common institutional barriers, upfront capital costs, complicated application processes, and time constraints. The program also strives to promote local job creation and economic development by linking community participants with local contractors and vendors. Finally, Measure #5 included the implementation of a pre-wiring and pre-plumbing requirement for solar photovoltaic (PV) and solar hot water systems, respectively, in all new residential units. #COMPONENTS STATUS PROGRESS 1 Implement a Solar & Energy Efficiency Conversion program for the community Ongoing In August, City Council approved a contract with Ygrene Energy Fund to develop a Property-Assessed Clean Energy (PACE) financing district for Chula Vista residents and businesses. 2 Upgrade municipal facilities with energy efficiency & solar energy technologies Ongoing The City has completed installing almost 4,000 LED street lights along arterial roadways, which will generate over 1.7 million kWh in annual energy savings. 3 Link conversion program to local economic development Ongoing A public workshop was held in September to identify opportunities to leverage and link the future PACE financing program to local retailers and contractors. 4 Adopt pre-wiring and pre-plumbing standards for solar pv & solar hot water, respectively Completed In 2009, the City adopted the "solar ready" ordinances. To date, over 1,500 new residential units have complied with the new code.CLIMATE MITIGATIONMEASURE #5: Solar & Energy Efficiency Conversions Next Steps The City Council will be holding a public hearing in December in order to create a new “Clean Energy Community Facilities District,” which would be the legal mechanism for a local PACE program and would provide financing to residential and commercial property- owners, who are interested in energy efficiency, renewable energy, and water conservation improvements. MITIGATION MEASURE #5 SOLAR & ENERGY EFFICIENCY CONVERSION PROGRAM 2017-09-26 Agenda Packet Page 282 Climate Action Plan Implementation 7 of 18 Progress Report (November 2013) Overview Measure #6 is intended to accomplish the remaining planning groundwork necessary to support realization of the “Smart Growth” development densities and intensities envisioned in both the General Plan and the Urban Core Specific Plan (UCSP). Specifically, the measure’s four components are focused on the areas surrounding the E Street, H Street, and Palomar Street trolley stations. #COMPONENTS STATUS PROGRESS 1 Implementation of UCSP around E Street Trolley Station In Progress Staff is continuing to work with property owners and other interested parties towards project options for E Street parcels, and will apprise the City Council when viable prospects are identified. 2 Initiate a H Street Corridor Study to better define redevelopment opportunities around the Trolley Station On-Hold Due to the dissolution of redevelopment agencies statewide, the H Street Corridor Study is on-hold indefinitely until alternative funding sources are identified. 3 Develop a specific plan for the Palomar Gateway area, including the Palomar Trolley Station Completed The Palomar Gateway specific plan was approved by City Council in August 2013 and emphasizes multi-modal, mixed-use development patterns. 4 Pursue trolley grade separation along the I-5 corridor In Progress The City and SANDAG have hired a consultant to complete environmental documents analyzing grade separation options at the Palomar Trolley Station, which should be completed in the next 18 months.CLIMATE MITIGATIONMEASURE #6: Smart Growth Around Trolley Stations Next Steps The City will continue to pursue “Smart Growth” development surrounding Chula Vista’s three Trolley Stations. SANDAG’s 2050 Regional Transportation Plan shows various grade separation projects for the Blue Line corridor, which includes E Street, H Street, & Palomar Street. With support through an EPA Smart Growth Technical Assistance grant and the SDG&E Local Government Partnership, the City expects to complete the development of the new “Climate Neighbor” tool by June 2014, which helps local developers implement sustainably designed and constructed projects using the LEED-ND framework. MITIGATION MEASURE #6 SMART GROWTH AROUND TROLLEY STATIONS 2017-09-26 Agenda Packet Page 283 Climate Action Plan Implementation 8 of 18 Progress Report (November 2013) Overview Because water movement and treatment requires a large amount of energy (leading to GHG emissions), Measure #7 helps residents and businesses replace turf lawn areas with “WaterSmart” landscaping. Specifically, the program’s components include (1) continuation and expansion of the NatureScape program to promote water conserving and nature-friendly landscaping, (2) coupling of residential and business turf lawn replacement with the solar and energy efficiency conversion program (Measure #5), (3) converting select municipal facilities to low water use plantings and irrigation, and (4) updating various municipal landscape regulations and guidelines to comply with new state requirements and further promote outdoor water use efficiency. #COMPONENTS STATUS PROGRESS 1 Expand the NatureScape outreach program Ongoing Through the program, over 520 properties in the community have incorporated sustainable landscape practices and been certified "Backyard Wildlife Habitats." 2 Include turf lawn replacement in Home Upgrade, Carbon Downgrade program (Measure #5) In Progress In August, City Council approved a contract with Ygrene Energy Fund to develop a Property-Assessed Clean Energy (PACE) financing district, which would also support water conservation efforts. 3 Convert municipal facilities to low water use plantings & irrigation Ongoing The City is pursuing water-saving irrigation upgrades, such as rotating nozzles and "smart" controllers, at 42 locations. 4 Update landscaping ordinances to emphasize water use efficiency Completed In 2010, a revised Landscape Water Conservation Ordinance was approved by City Council that creates a water budget for new or renovated landscapes and promotes water-efficient design.CLIMATE MITIGATIONMEASURE #7: Turf Lawn Conversion Next Steps City staff continues to pursue funding sources to support turf conversions. For municipal facilities, staff continues to develop a resource reinvestment fund, in which a portion of utility savings from energy and water retrofit projects can be reinvested in similar projects. In the community, a PACE program to help finance water conservation upgrades at homes and businesses will be formally considered by City Council in December. MITIGATION MEASURE #7 TURF LAWN CONVERSION PROGRAM 2017-09-26 Agenda Packet Page 284 Climate Action Plan Implementation 9 of 18 Progress Report (November 2013) CLIMATE ADAPTATION STRATEGIES The following (11) strategies are designed to reduce Chula Vista’s future risks and costs from expected climate change impacts such as sea level rise, more frequent wildfires and extreme heat days, and increased stress on energy and water supplies. The measures complement one another as well as state and federal climate adaptation initiatives. Overview To address climate change impacts related to the urban heat island effect (hotter ambient air temperatures), Strategy #1 is intended to incorporate reflective (or “cool paving”) into all municipal projects (parking lots and streets) and new private parking lot projects over a specific size. Cool pavements refer to a range of established and emerging paving materials, which store less heat and have lower surface temperatures compared with conventional products. Specifically, the strategy’s components include performing a comprehensive study to evaluate and test multiple reflective pavement technologies and developing options (based on the study’s results) for incorporating cool pavement technologies into municipal standards. #COMPONENTS STATUS PROGRESS 1 Conduct a "cool paving" study to evaluate options Completed A final Cool Pavement Report has been completed by external consultants and presented to City Council. 2 Develop formal standards for incorporating "cool paving" into municipal and development projects In Progress Dependent on the outcome of component #1, staff will present recommendations to City Council for consideration.CLIMATE ADAPTATIONStrategy #1: Cool Paving Next Steps Chula Vista will continue to pursue possible funding sources for a cool paving demonstration site. As such, the City is awaiting a response from the State Water Resources Control Board on whether it has been invited to submit a full grant application for its proposed “Green Alleys” project, which would repave a number of Chula Vista alleys with permeable and reflective paving materials. Staff also plans to return to City Council in 2015 with a formal cool paving policy for consideration as recommended in the recently-completed Cool Pavement Report. ADAPTATION STRATEGY #1 COOL PAVING 2017-09-26 Agenda Packet Page 285 Climate Action Plan Implementation 10 of 18 Progress Report (November 2013) Overview To address climate change impacts related to the urban heat island effect and energy demand, Strategy #2 is intended to incorporate shade trees into all municipal improvement projects and all private development parking lot projects. Shade trees contributing to a robust urban forest act as a natural cooling mechanism for urban areas. In addition, canopy-forming trees help reduce storm water runoff, provide habitat for wildlife, and increase property values. Specifically, the strategy’s components include (1) developing a shade tree policy for future City Council consideration, (2) amending the Municipal Landscape Manual to be consistent with the new policy, and (3) ensuring that the recently-updated Design Manual is consistent with the new policy. #COMPONENTS STATUS PROGRESS 1 Develop a formal shade tree policy Completed A new City Council policy promoting the use of shade trees along streets and within municipal and private parking lots was approved in May 2012. 2 Amend the Municipal Landscape Manual to be consistent with the new shade tree policy Completed Staff has determined that updating the Municipal Landscape Manual is not necessary, because the new Shade Tree Policy and Design Manual changes are sufficient to effectively integrate shade trees into new projects. 3 Ensure that the Design Manual is consistent with the new shade tree policy Completed As part of the new Council-approved Design Manual, new development projects must incorporate shade trees and provide at least 50% shade coverage for paved areas. CLIMATE ADAPTATIONStrategy #2: Shade Trees Next Steps City staff continues to implement the City Council-adopted Shade Tree Policy, as well as the related provisions of the Design Manual, to ensure that all new development projects meet the necessary shade tree coverage standards. ADAPTATION STRATEGY #2 SHADE TREES 2017-09-26 Agenda Packet Page 286 Climate Action Plan Implementation 11 of 18 Progress Report (November 2013) Overview Strategy #3 is intended to address climate change impacts related to the urban heat island effect and energy demand by promoting “cool roofs.” Cool roofs, which are made of highly reflective and emissive material, can remain approximately 50 to 60°F cooler compared to traditional materials, thus helping to lower ambient temperatures inside and outside of buildings. This creates a more comfortable and healthy environment for building occupants and reduces energy use for air-conditioning. To accomplish Strategy #3, City staff will further evaluate cool roofing options and propose amendments to the municipal building codes for City Council consideration. #COMPONENTS STATUS PROGRESS 1 Conduct a "cool roof" study to evaluate options Completed With the assistance of SDG&E, staff has completed a cost-benefit analysis of cool roof options, which was used to inform proposed building code revisions (component #2). 2 Develop standards for incorporating "cool roofs" into building codes Completed Since City Council adopted the cool roof ordinance in March 2012, all new residential buildings in Climate Zone 10 have had to meet the new standard.CLIMATE ADAPTATIONStrategy #3: Cool Roofs Next Steps The City will continue to implement its new cool roof requirements under the City’s broader green building standards. Local amendments to building codes expire when new California building codes take effect. As such, staff will evaluate the 2013 California Green Building Standards Code and propose local amendments for City Council consideration, when the necessary cost-effectiveness analysis software is available from the California Energy Commission. ADAPTATION STRATEGY #3 COOL ROOFS 2017-09-26 Agenda Packet Page 287 Climate Action Plan Implementation 12 of 18 Progress Report (November 2013) Overview Expected climate change impacts could limit imported water availability, increase utility costs for residents and businesses, and lead to higher demand for local water sources. As such, Strategy #4 is intended to educate the community about the benefits and appropriate uses of local water supplies and further integrate recycled water/onsite water reuse systems into new development. Specifically, components include (1) evaluating municipal building code options to incorporate single-source graywater “stub-outs” in new residential buildings and indoor recycled water in new commercial buildings, (2) developing an educational guide about proper graywater use, (3) creating an incentive (using external funding sources) to promote onsite water reuse, and (4) updating the City’s water-related plans to reference and promote recycled water and onsite water reuse systems. #COMPONENTS STATUS PROGRESS 1 Develop standards for incorporating graywater stub-outs (residential) and indoor recycled water use (commercial) Completed New graywater codes were adopted by City Council at their May 7, 2013 meeting. 2 Develop a graywater educational guide to help ensure proper use Completed The City's WaterSmart Landscaping Guide & Checklist were updated to incorporate water reuse information such as rainwater harvesting and simple graywater systems. 3 Create an onsite water reuse incentive program In Progress Graywater and rainwater harvesting systems have been included as eligible improvements under the proposed PACE financing program. 4 Update water-related municipal guidelines & plans to promote graywater In Progress Based on the outcome of component #1, municipal guidelines will be updated to be consistent with new graywater and other water reuse policies.CLIMATE ADAPTATIONStrategy #4: Local Water Supply & Reuse Next Steps City staff will work with the Otay Water District to further investigate the feasibility and to identify any health concerns regarding indoor use of recycled water. Based on the results, City staff will prepare recommendations for City Council’s consideration. ADAPTATION STRATEGY #4 LOCAL WATER SUPPLY & REUSE 2017-09-26 Agenda Packet Page 288 Climate Action Plan Implementation 13 of 18 Progress Report (November 2013) Overview Climate change will likely alter regional precipitation patterns, thus altering water runoff and sediment movement flows through local watersheds. Because of urbanization and its associated activities, pollutants are discharged with these flows into the City’s storm drainage systems, creeks, rivers, San Diego Bay, and the ocean and reduce the beneficial uses of these water bodies for the Chula Vista community. Strategy #5 is intended to revise the City’s storm water regulations and applicable municipal codes to efficiently manage higher concentrations of pollutants in urban runoff by minimizing water waste, using natural landscapes to help drain or reuse runoff, and by ensuring that irrigations systems are properly installed and maintained. #COMPONENTS STATUS PROGRESS 1 Develop revisions to the municipal code to prohibit excessive landscape over- irrigation resulting in urban runoff Completed Code revisions were adopted by City Council at their November 20, 2012 meeting. 2 Encourage the beneficial reuse of pipe flushing water at construction sites Completed A brochure entitled "Guidelines for Water Conservation on Construction Sites" has been developed and is being distributed to developers and contractors working in Chula Vista. 3 Develop incentives promoting Low Impact Development (LID) design concepts In Progress Non-monetary incentives to incorporate LID features into development projects are being considered through a collaboration between Land Development and Storm Water Management staff. 4 Conduct a feasibility study for the beneficial reuse of dry weather flow sources In Progress A design has been created for the capture, treatment, and reuse of dry weather flow at Hilltop Park.CLIMATE ADAPTATIONStrategy #5: Storm Water Pollution Prevention & Reuse Next Steps For component #4, staff will further develop the Hilltop Park Storm Water Reuse Project by investigating potential water right issues with the San Diego Regional Water Quality Control Board and by seeking funding to implement the project, if determined to be feasible. ADAPTATION STRATEGY #5 STORM WATER POLLUTION PREVENTION & REUSE 2017-09-26 Agenda Packet Page 289 Climate Action Plan Implementation 14 of 18 Progress Report (November 2013) Overview The frequency and intensity of wildfires and extreme heat events is expected to increase due to local climate change impacts. These events could lead to greater public safety (loss of life and property) and health concerns (poor air quality and infectious disease transmittal). The strategies are designed to educate the general public and the business community about the impacts of climate change using existing City and community partner outreach mechanisms with a special emphasis on making homes more resilient to wildfires, incorporating poor air quality day notifications, and educating businesses about employee heat illness risks. In addition, extreme heat events will be added as a significant emergency to the City’s public safety plans with a special emphasis on serving vulnerable populations and supporting a robust network of energy-secured “Cooling Centers.” #COMPONENTS STATUS PROGRESS 1 Expand community wildfire education Ongoing The City launched its new "Ready, Set, GO!" campaign, which is a comprehensive outreach program designed to promote wildifre prevention & preparedness. 2 Revise emergency plans to include extreme heat events In Progress The City has begun working with the County's Office of Emergency Services on updating the Multi-Jurisdictional Hazard Mitigation Plan, as appropriate. 3 Establish a procedure for notifying the community about poor air quality & extreme heat days Completed City staff now receives and forwards air quality notifications from the San Diego County Air Pollution Control District through the City's Nixle community messaging system.CLIMATE ADAPTATIONStrategy #6: Education & WildfiresStrategy #7: Extreme Heat Plans Next Steps City staff will continue to implement its community education and notification programs related to wildfires and extreme heat days. The City’s Multi-Jurisdictional Hazard Mitigation Plan will be revised in 2015, as part of its regularly-scheduled update, to include extreme weather events. ADAPTATION STRATEGIES #6 & #7 EDUCATION & WILDFIRES EXTREME HEAT PLANS 2017-09-26 Agenda Packet Page 290 Climate Action Plan Implementation 15 of 18 Progress Report (November 2013) Overview Chula Vista’s open space areas include landscaped areas within developments, parks and recreation areas, and open space that has been set aside as a preserve for sensitive biological resources. In order to assess and reduce impacts associated with climate change on parks and open space and their associated ecosystems, Strategy #8 is intended to seek opportunities for the City to partner with the Resource Agencies, non-profit organizations, and/or adjacent public land managers to monitor and manage/restore ecosystems to ensure long-term habitat connectivity, species resilience, and community recreational opportunities. #COMPONENTS STATUS PROGRESS 1 Integrate climate change-related biological monitoring into Otay Ranch Preserve's Management Plan & Annual Work Plans In Progress Staff is working with the San Diego Foundation to review potential monitoring protocols to integrate into preserve management activities. 2 Update the Otay Valley Regional Park (OVRP) Concept Plan to incorporate climate-resilient design & educational guidelines In Progress Chula Vista will be proposing to the OVRP Executive Mgmt Team to include climate-resilient updates to the OVRP Concept Plan as part of the FY14 Joint Staff Work Plan. 3 Convert landscaped areas in open space districts to water-saving plants, mulch, & irrigation systems Ongoing The Open Space Division has installed 95 web-based, "smart" irrigation controllers with plans to install another 80 smart controllers by the end of fiscal year.CLIMATE ADAPTATIONStrategy #8: Open Space Management Next Steps As funding is available, the City and its OVRP partners will implement the Concept Plan amendments, which would address climate change impacts and vulnerabilities. ADAPTATION STRATEGY #8 OPEN SPACE MANAGEMENT 2017-09-26 Agenda Packet Page 291 Climate Action Plan Implementation 16 of 18 Progress Report (November 2013) Overview Expected local climate change impacts include precipitation variability and sea level rise that will stress riparian wetlands and estuarine wetlands, respectively. As a result, the locations where the temperature, moisture, and other environmental conditions are suitable for wetlands and their associated species will shift. In order to reduce these impacts, Strategy #9 is intended to ensure that, when preserving or restoring coastal and riparian wetland, the City take steps to incorporate adequate upland or transition habitats to accommodate shifts in wetlands coverage and help ensure public access due to sea level rise and other climate change impacts. Specifically, components include (1) evaluating the feasibility of monitoring local wetlands species ranges and abundances in response to climate change impacts, (2) incorporate wetlands “migration” in habitat management and restoration design criteria in the future Bayfront Natural Resources Management Plan (NRMP), and (3) revise the OVRP Habitat Restoration Plan and Non-native Plant Removal Guidelines to include strategies for climate change adaptation issues. #COMPONENTS STATUS PROGRESS 1 Evaluate potential to monitor local wetlands' biological health to assess climate change impacts In Progress Staff is working with the San Diego Foundation to review potential monitoring protocols to integrate into wetlands management activities. 2 Incorporate climate change & sea level rise concepts in Bayfront NRMP In Progress The draft NRMP was released in June 2013 and includes strategies to ensure that bayfront habitats and species are resilient to climate change impacts such as sea level rise. 3 Amend OVRP Habitat Restoration & Non- Native Plant Removal Plans to promote climate resiliency On-Hold The City and its OVRP Partners will continue to seek funding necessary to proceed with the proposed OVRP plans' amendments.CLIMATE ADAPTATIONStrategy #9: Wetlands Preservation Next Steps In coordination with the Port of San Diego and the Bayfront Wildlife Advisory Group, staff expects to finalize the NRMP and its associated climate adaptation strategies by early 2014. The City will also, as funding permits, continue working with its OVRP partners to amend the Plans and Guidelines used for trail planning to incorporate climate adaption strategies. ADAPTATION STRATEGY #9 WETLANDS PRESERVATION 2017-09-26 Agenda Packet Page 292 Climate Action Plan Implementation 17 of 18 Progress Report (November 2013) Overview Over the next 40 years, sea level rise rates are expected to increase with local sea levels 12 to 18 inches higher than their current levels. Higher sea levels can result in increased erosion, more frequent flooding and property damage, loss of wetland habitats, and fewer waterfront public access options. As such, Strategy #10 directs the City to amend its land development codes and CEQA guidelines to incorporate climate change-related sea level rise into future development and municipal infrastructure projects’ design and review. Specifically, the components include (1) revising the grading ordinance to consider a project’s vulnerability to future sea level rise and flooding events, (2) modifying the Subdivision Manual to ensure that storm water/drainage infrastructure can address future sea level rise and flooding impacts, and (3) ensuring that environmental review and CEQA procedures are consistent with these changes. #COMPONENTS STATUS PROGRESS 1 Revise the grading ordinance to address increased rates of sea level rise Completed An ordinance revising Municipal Code 15.04 was adopted by City Council to address coastal development and sea level rise concerns. 2 Modify Subdivision Manual to ensure proper drainage with higher sea levels Completed In March 2012, City Council approved revisions to the Subdivision Manual, which require 16" of sea level rise to be used for evaluating projects within tidally influenced areas. 3 Ensure CEQA review procedures are consistent with new sea level-related land development guidelines Completed The new sea level rise requirements (components #1 & #2) have been incorporated into the environmental document preparation process. CLIMATE ADAPTATIONStrategy #10: Sea Level Rise & Land Development Codes Next Steps At this time, the Governor’s Office of Planning and Research (OPR) has not provided additional guidance on sea level rise issues under CEQA. However, OPR expects to begin updating the statewide CEQA Guidelines for sea level rise impacts in late 2013. As such, City staff will continue to monitor the development of statewide CEQA Guidelines to ensure that Chula Vista is consistent with any new requirements. ADAPTATION STRATEGY #10 SEA LEVEL RISE & LAND DEVELOPMENT CODES 2017-09-26 Agenda Packet Page 293 Climate Action Plan Implementation 18 of 18 Progress Report (November 2013) Overview Climate change impacts create new issues that local communities and, in particular, businesses need to address and prepare for in order to reduce future risks and costs. These issues can include higher insurance premiums due to greater flooding or wildfire risks, more expensive utility costs due to higher energy and water demand, and lower productivity due to more employee sick days from frequent extreme heat and poor air quality days. As such, Strategy #11 is designed to provide assistance and non-monetary incentives to help businesses manage climate change risks and to attract businesses that provide “green” products or services into Chula Vista. Specifically, the components include (1) revising the municipal purchasing policy to more robustly promote the procurement of “green” products and services, especially from local Chula Vista businesses, (2) revising existing business outreach programs to include recommendations on how they can reduce future climate change risks, and (3) continuing the recruitment and retention of “green” businesses and manufacturers in Chula Vista. #COMPONENTS STATUS PROGRESS 1 Revise "green" procurement policy & process Completed The City's new office supply contract includes specifications for environmentally-friendly products and procurement liaisons in each department have been trained, as appropriate. 2 Modify business outreach programs to include information on reducing climate change risks Completed Both the CLEAN Business and FREBE checklists have been updated to include info on business-related climate adaptation strategies. 3 Continue recruiting & retaining "green" businesses Ongoing The City's CLEAN Business Program is being revamped to better recognize and assist participants interested in efficiency improvements.CLIMATE ADAPTATIONStrategy #11: Green Economy Next Steps In 2014, the Economic Development Division will begin implementing its Council-approved business recruitment plan, which includes strategies to better attract and retain clean technology-oriented companies. ADAPTATION STRATEGY #11 GREEN ECONOMY 2017-09-26 Agenda Packet Page 294 1 of 10 Chula Vista Climate Action Plan: Appendix C User Guide to Action (DRAFT II: Last updated 9/5/17) This appendix is intended to complement the City’s updated 2017 Climate Action Plan and provide information that can help residents and business take action to reduce greenhouse gas emissions (GHG) and help create Clean Land, Clean Air and Clean Water. The City strives to take municipal actions and create community policies that reduce GHG emissions but there are still many actions that residents and business can take. This guide is designed to provide information readers can use to learn more about available resources for each strategy in the 2017 CAP. The City does not support or endorse any non‐City companies or organizations listed below and would encourage any resident or businesses to seek multiple companies or organizations to provide information on your potential projects. Objective 1.1 – Water Education & Enforcement Performance Metric: Directly engage 8% of households on water conservation per year Strategy 1. Expand education and enforcement targeting landscape water waste. Agency/Program Description Contact Information Otay Water District Water District for Eastern Chula Vista, offers water audits, rebates and water conservation education (619) 670‐2222 customerservice@otaywater.gov Website: www.otaywater.gov/conservation/for‐your‐home Sweetwater Authority Water District for Western Chula Vista, offers water audits, rebates and water conservation education (619) 409‐6779 waterefficiency@sweetwater.org Website: www.sweetwater.org/192/Water‐Efficiency‐Information San Diego County Water Authority Regional water supplier, offers water audits, rebates and water conservation education (858) 522‐6600 Website: www.watersmartsd.org WATER CONSERVATION & REUSE DRAFT2017-09-26 Agenda Packet Page 295 2 of 10 Objective 1.2 – Water Efficiency Upgrades Performance Metric: Retrofit 1,000 homes per year with water‐efficient devices (including landscaping) Strategy 1. Update the City’s landscaping regulations to promote more water‐wise designs. Agency/Program Description Phone City of Chula Vista Information from the City about the updated Landscape Water Conservation Ordinance as well as resources such as the WaterSmart Landscaping & Water Reuse Guide and sample water efficient landscape plans (619) 409‐3893 Website: www.chulavistaca.gov/departments/public‐works/environmental‐fiscal‐ sustainability/conservation/water‐conservation‐reuse San Diego County Water Authority A series of videos will take you step‐by‐step through the process of creating your very own beautiful, water‐ efficient landscape NA Website: www. www.landscapemakeover.watersmartsd.org/elearning San Diego County Water Authority $1.75 per square foot rebate for qualified applicants who replace water‐intensive turf grass with landscaping that provides several environmental benefits NA Website: https://slpincentives.watersmartsd.org/ Strategy 2. Require water‐savings retrofits in existing buildings at a specific point in time. Agency/Program Description Phone City of Chula Vista Sign up for a no‐cost Home Energy & Water Check‐Up, where a trained City staff will take a quick (15 minute) walk through of your home to identify how to save water (619) 409‐3893 Website: https://www.chulavistaca.gov/departments/clean/home‐check‐up‐signing‐sheet PACE Financing Utilize one of the PACE providers listed below to finance water conservation improvements to your building See below California FIRST: www.californiafirst.org - 844-589-7953 Ygrene Works: www.ygreneworks.com - 877-819-4736 Hero: www.heroprogram.com - 855-437-6411 DRAFT2017-09-26 Agenda Packet Page 296 3 of 10 Objective 1.3 – Water Reuse Plan & System Installations Performance Metric: Install 3,750 water reuse systems citywide by 2020 (6,000 by 2035) Strategy 1. Develop a Water Reuse Framework for storm water, graywater, and onsite water reclamation. Agency/Program Description Phone City of Chula Vista Water Stewardship Plan adopted by City Council November 2016 (619) 409‐3893 Website: www.chulavistaca.gov/Home/ShowDocument?id=14439 Strategy 2. Facilitate simple graywater systems for Laundry‐to‐Landscape applications. Agency/Program Description Phone City of Chula Vista WaterSmart Landscaping & Water Reuse Guide provides information about how to set up a laundry‐to‐ landscape graywater system. (619) 409‐3893 Website: http://www.chulavistaca.gov/home/showdocument?id=5365 Strategy 3. Streamline complex graywater systems permit review. Agency/Program Description Phone TBD Website: DRAFT2017-09-26 Agenda Packet Page 297 4 of 10 Objective 2.1 – Zero Waste Plan Performance Metric: Divert 75% of solid waste from the landfill by 2020 (90% by 2035) Strategy 1. Develop a Zero Waste Plan to supplement statewide green waste, recycling, and plastic bag ban efforts. Agency/Program Description Phone City of Chula Vista Guide to recycling in Chula Vista (619) 691‐5122 Website: http://www.chulavistaca.gov/departments/public‐works/environmental‐fiscal‐ sustainability/environmental‐services/recycling City of Chula Vista Guide to Composting, including the Master Composting Class (619) 691‐5122 Website: http://www.chulavistaca.gov/departments/public‐works/environmental‐fiscal‐ sustainability/environmental‐services/composting City of Chula Vista Guide to disposal of Household Hazardous Waste (800) 237‐2583 Website: http://www.chulavistaca.gov/departments/public‐works/environmental‐fiscal‐ sustainability/environmental‐services/hazardous‐waste I love A Clean San Diego Local non‐profit with resources for a zero waste, litter‐ free, and environmentally engaged San Diego region. (619) 691‐5122 Website: http://www.ilacsd.org WASTE REDUCTION DRAFT2017-09-26 Agenda Packet Page 298 5 of 10 Objective 3.1 – Energy Education & Enforcement Performance Metric: Directly engage 8% of households on energy conservation per year Strategy 1. Expand education targeting key community segments and facilitate energy performance disclosure. Agency/Program Description Phone City of Chula Vista ‐ FREBE Free Resource & Energy Business Energy Evaluations (FREBE) – provides no cost energy evaluations for Chula Vista Businesses (619) 409‐3893 Website: www.chulavistaca.gov/departments/public‐works/environmental‐fiscal‐ sustainability/conservation/renewable‐efficient‐energy‐businesses City of Chula Vista – CLEAN Business The Chula Vista CLEAN Business program helps businesses in Chula Vista make green choices and promotes their successes (619) 409‐1975 Website: www.chulavistaca.gov/departments/clean/clean‐business‐program SDREP Benchmarking Coach The Center for Sustainable Energy, on behalf of the San Diego Regional Energy Partnership (SDREP), provides no‐cost, one‐on‐one technical support to help building owners and operators in San Diego County benchmark their building energy usage (619) 409‐1975 Website: www.energycenter.org/sdrep/benchmarking Strategy 2. Leverage the building inspection process to deter unpermitted, low‐ performing energy improvements. Agency/Program Description Phone City of Chula Vista – Build Green Online resource to help developers in the City build clean and sustainable (619) 407‐3552 Website: www.chulavistaca.gov/departments/development‐services/building/build‐green Energy Code Ace Free energy code training, tools and resources to understand and meet the energy development requirements NA Website: http://energycodeace.com/ RENEWABLE & EFFICIENT ENERGY DRAFT2017-09-26 Agenda Packet Page 299 6 of 10 Objective 3.2 – Clean Energy Sources Performance Metric: Provide more than 50% of electricity from clean sources by 2020 (70% by 2035) Strategy 1. Incorporate solar into all new buildings to help transition to Zero Net Energy design. Agency/Program Description Phone City of Chula Vista – Online Solar Permit Online permitting information for new solar projects (will be updated with information about solar requirement) (619) 691‐5272 Website: www.chulavistaca.gov/departments/development‐services/build‐green/residential‐solar‐ energy Strategy 2. Provide more grid‐delivered clean energy (up to 100%) through Community Choice Aggregation or other mechanism. Agency/Program Description Phone SDG&E – Eco Choice A renewable energy rate from SDG&E that allows you to purchase, for a premium, up to 100% renewable energy (800) 411‐7343 Website: www.sdge.com/environment/connected‐to‐the‐sun/ecochoice Grid Alternative A non‐profit organization that brings together community partners, volunteers and job trainees to implement solar power and energy efficiency for low‐ income families (619) 239‐4743 Website: www.gridalternatives.org/ Objective R&EE‐3 – Energy Efficiency Upgrades Performance Metric: Retrofit 13% of SF & MF homes and 10% of commercial Sqft to save 25% by 2020 (20% of both with 50% savings by 2035) Strategy 1. Reauthorize the City’s “cool roof” standards and expand to include re‐ roofs and western areas. Agency/Program Description Phone EPA – Energy Star Information about Cool Roofs and how they save energy NA Website: www.energystar.gov/products/building_products/roof_products/cool_roofs_emissivity DRAFT2017-09-26 Agenda Packet Page 300 7 of 10 Strategy 2. Facilitate more energy upgrades in the community through incentives, permit streamlining (where possible), and education. Agency/Program Description Phone City of Chula Vista – Green Training List of upcoming trainings and downloadable presentation on clean building topics (619) 691‐5272 Website: www.chulavistaca.gov/departments/development‐services/building/training Strategy 3. Require energy‐savings retrofits in existing buildings at a specific point in time. PACE Financing Utilize one of the PACE providers listed below to finance energy conservation improvements to your building See below California FIRST: www.californiafirst.org - 844-589-7953 Ygrene Works: www.ygreneworks.com - 877-819-4736 Hero: www.heroprogram.com - 855-437-6411 City of Chula Vista Sign up for a no‐cost Home Energy & Water Check‐Up, where a trained City staff will take a quick (15 minute) walk through of your home to identify how to save energy (619) 409‐3893 Website: https://www.chulavistaca.gov/departments/clean/home‐check‐up‐signing‐sheet Objective R&EE‐4 – Robust Urban Forests Performance Metric: Expand urban tree canopy cover to 15% by 2020 (25% by 2035) Strategy R&EE‐4A Plant more shade trees to save energy, address heat island issues, and improve air quality. Agency/Program Description Phone City of Chula Vista – Urban Forestry Information about the City’s Tree Ordinance (619) 397‐6000 Website: www.chulavistaca.gov/departments/public‐works/operations/urban‐forestry DRAFT2017-09-26 Agenda Packet Page 301 8 of 10 Objective 4.1 – Complete Streets & Neighborhoods Performance Metric: Reduce average vehicle miles traveled by 4% by 2020 (5% by 2035) 2020 MT C02 e GHG Reductions: 14,106 2035 MT C02 e GHG Reductions: 16,552 Strategy 1. Incorporate “Complete Streets” principles into municipal capital projects and plans. Agency/Program Description Phone City of Chula Vista Complete streets policy (619) 691‐5101 Website: www.chulavistaca.gov/home/showdocument?id=11208 Strategy 2. Encourage higher density and mixed‐use development in Smart Growth areas, especially around trolley stations and other transit nodes. Agency/Program Description Phone City of Chula Vista ‐ Planning Urban Core Specific Plan (619) 691‐5101 Website: www.chulavistaca.gov/home/showdocument?id=11468 City of Chula Vista ‐ Planning Palomar Gateway Specific Plan (619) 691‐5101 Website: www.chulavistaca.gov/home/showdocument?id=7356 Objective 4.2 – Transportation Demand Management Performance Metric: Increase citywide alternative commute rates to 7% by 2020 (9% by 2035) 2020 MT C02 e GHG Reductions: 44,260 2035 MT C02 e GHG Reductions: 103,363 Strategy 1. Utilize bike facilities, transit access/passes, and other Transportation Demand Management offerings. SANDAG – iCommunte iCommute is the Transportation Demand Management (TDM) program for the San Diego region and provides carpool and ride‐matching services, a subsidized vanpool program, transit solutions, regional support for biking, the Guaranteed Ride Home program, information about call 511 and say “iCommute” SMART GROWTH & TRANSPORTATION DRAFT2017-09-26 Agenda Packet Page 302 Website: ht Strate Agency/ City of Ch Plan Website: ww City of Ch Plan Website: ww Objective 4 Performanc 2020 (11% b 2020 M Strate Agency/ City of Ch Conser Website: ht Strate Strate Agency/ State of C Vehicle Reb Website: ht tps://www.ic egy 2. Program ula Vista ‐ ning ww.chulavista ula Vista ‐ ning ww.chulavista 4.3 – Alterna ce Metric: Su by 2035) MT C02 e GHG egy 1. Program ula Vista ‐ rvation tp://38.106.5 egy 2. egy 3. Program CA ‐ Clean bate Project tps://cleanve teleworkin support for commutesd.c Expand b options. Descriptio Bikeway M aca.gov/depa Pedestrian aca.gov/depa tive Fuel Ve upport cityw G Reduction Support t Descriptio Alternativ 5.202/Home/ Designate Design all Ready.” Descriptio Promotes c to $7,000 f emission ve and fuel ce ehiclerebate.o g, and bike a r schools. om/ ike‐sharing, on Master Plan artments/pub n Master Pla artments/pub ehicles wide expansio s: 14,617 the installati on ve Fuel Statio /ShowDocume e preferred l new reside on clean vehicle for the purcha ehicles, includ ell vehicles org 9 of 10 nd pedestrian car‐sharing blic‐works/ma an blic‐works/ma on of alterna 2 ion of more ons Map ent?id=5375 parking for a ential and co adoption by ase or lease o ding electric, n safety prog g, and other aster‐plans/b aster‐plans/p ative fuel ve 2035 MT C02 local altern alternative ommercial b offering reba of new, eligib plug‐in hybri ram “last mile” bikeway‐mast pedestrian‐ma ehicle use by 2 e GHG Redu native fuelin fuel vehicle buildings to ates of up le zero‐ id electric transportat Phon (619) 691 ter‐plan (619) 691 aster‐plan y 4% of VMT uctions: 65,1 g stations Phon (619) 409 s. be “Electric Phon 866‐984‐ ion ne 1‐5101 1‐5101 by 96 ne 9‐3893 Vehicle ne ‐2532 DRAFT2017-09-26 Agenda Packet Page 303 10 of 10 Objective NA While these actions are not specifically called out in the 2017 Climate Action Plan they represent best practices commonly taken to measure and reduce GHG emissions. Agency/Program Description Phone Cool California GHG emission calculator that allows you to estimate the carbon footprint caused by your actions NA Website: www.coolcalifornia.org/calculator‐households‐individuals UC Berkeley Consumption‐Based GHG emission calculators allow you to estimate full life cycle emissions, that include emission created in the resource extraction and disposal of the products used. NA Website: http://coolclimate.berkeley.edu/inventory San Diego Airport – The Good Traveler An GHG offset program that allows you to offset GHG emissions from travel that you have to take NA Website: https://www.thegoodtraveler.org Donated GHG offsets were used to help offset the emissions created in the development and production of the 2017 CAP, see full certification below. MORE REDUCTION ACTIVITIES DRAFT2017-09-26 Agenda Packet Page 304 April 14, 2017 Sustainability Commission Members Jaime, Kappes, Mora, Rahimzadeh, Romo, and Valen 276 4th Ave Chula Vista, CA 91910 RE: Recommendations for City of Chula Vista Climate Action Plan (CAP) Update Dear Members of the Sustainability Commission, Climate Action Campaign is an environmental nonprofit organization with a simple mission: to stop climate change and protect our quality of life. We are committed to helping cities in San Diego pass and implement successful Climate Action Plans that achieve 100% clean energy and protect the people and places we love for generations to come. We are pleased to submit our comments on the Draft Update of the City of Chula Vista’s Climate Action Plan (CAP). First, we thank you for pioneering climate action in San Diego County with your CO2 Reduction Plan in the year 2000, Climate Mitigation Plans (2008), and Climate Adaptation Plans (2011). In the CAP Update, we commend you for the inclusion of a 90% waste reduction goal and of extensive water conservation and reuse measures. In recent years, we have seen a huge momentum shift in the region toward proactive planning for climate change, and many cities in San Diego County and across the country have made great strides to join the modern era of climate action planning. For example, 25 American cities, including Del Mar, San Diego, San Francisco, and San Jose, have committed to 100% Clean Energy. In San Diego County, two cities are pursuing CCA, six have legally binding CAPs, and San Diego and Carlsbad have ambitious Mode Shift Goals of 50% and 32%, respectively, using alternative transportation by 2035. In fact, there is legislation at the state by Senate Pro Tem Kevin de León to transition all of California to 100% renewable energy by 2045. We wish to see Chula Vista keep stride with the progress of cities across the region, as well as the state. To that end, we offer the following recommendations to strengthen the CAP Update. Renewable and Efficient Energy Recommendation 1: Include a 100% Clean Energy Goal Climate Action Campaign | 4452 Park Blvd. Suite 209, San Diego, CA 92116 | 619-419-1222 info@climateactioncampaign.org | www.ClimateActionCampaign.org 2017-09-26 Agenda Packet Page 305 The CAPs of the cities of San Diego and Del Mar commit to 100% clean energy by the year 2035. In addition, as noted previously, California Senate Leader Kevin de León has introduced legislation to transition the entire state to 100% clean energy by 2045. By contrast, Objective REE-2 states, “Provide 53% of electricity from clean sources by 2020 (70% by 2035).” We recommend instead a 100% clean energy goal, which closely aligns with California Executive Orders B-30-15 and S-3-05 (in fact, for cities that tie their Climate Plans to their General Plan updates it is often the only way to hit long-term state GHG targets). By embracing a 100% clean energy future, all families of Chula Vista will benefit from a greener grid because renewable energy helps clean the air, builds healthy communities, and spurs local investment and well-paying jobs from clean energy technologies. In addition, adding a 100% clean energy goal in Chula Vista would signal a region-wide commitment to the shift to renewables. It is increasingly clear that 100% clean energy is the future in California and across the nation: the City of Chula Vista’s CAP Update should reflect a commitment to keep pace with the region and the state, and position Chula Vista as one of the state and country’s clean energy leaders Recommendation 2: Prioritize Community Choice Aggregation (CCA) We commend Chula Vista for considering CCA as a strategy to achieve the Renewable & Efficient Energy goals. CCA brings local control and freedom of energy choice to families while having the potential to drastically reduce GHG emissions. It is quickly becoming standard practice in Northern California and has gained traction in Southern California as well, with operational programs in Marin, Napa, Sonoma, San Francisco, and San Mateo Counties as well as in select cities in Los Angeles, Contra Costa, and Santa Clara Counties -- representing 63 cities and 8 counties, and more coming online soon. CCA is the single most effective tool we have to reduce emissions at the local level. In the City of San Diego, for example, a CCA program will be responsible for 42% of GHG emissions reductions from local actions by 2030, and 63% by 2035. According to the Draft Update, the figures are similar in Chula Vista. Given the significance of CCA’s contribution to meeting cities’ climate goals, Chula Vista should take decisive and immediate action to move forward with a Technical/Feasibility Study. We recommend funding a Technical/Feasibility Study by Q1 of 2018 at the latest, instead of Q1 of 2019 as stated in the Draft Update. Because it is the most powerful strategy to meet climate goals at the local level, CCE should be among the highest priority programs in the CAP Update. Climate Action Campaign | 4452 Park Blvd. Suite 209, San Diego, CA 92116 | 619-419-1222 info@climateactioncampaign.org | www.ClimateActionCampaign.org 2017-09-26 Agenda Packet Page 306 Smart Growth & Transportation Recommendation 3: Clarify Mode Share Targets for Walking, Biking, and Transit Currently the performance metric for SG&T-2 - Transportation Demand Management, states the intention to “[i]ncrease citywide alternative commute rates by 7% by 2020 (30% by 2035).” The language of this metric is unclear because it does not state the baseline on which growth will be measured, nor does it articulate mode share targets for walking, biking, and transit. We recommend you clarify this performance metric 1) by stating the percent to which the alternative commute rate will increase, and 2) specifying mode share targets that would enable the city to meet its overall alternative transportation targets. For example, the City of San Diego states its goal as, “Achieve mass transit mode share of 12% by 2020 and 25% by 2035 in Transit Priority Areas,” “Achieve walking commuter mode share of 4% by 2020 and 7% by 2035 in Transit Priority Areas,” and, “Achieve 6% bicycle commuter mode share by 2020 and 18% mode share by 2035 in Transit Priority Areas.” Articulating those goals clearly allows the development of aligned strategies to ensure goals are met. Mode share goals also help municipalities plan and budget to facilitate a shift away from car-centric growth, as well as advocate for assistance for better transit infrastructure. Finally, they can also help communities plan for anticipated or desired health outcomes. Environmental Justice/Social Equity Recommendation 4: Include an Environmental Justice/Social Equity Section in Updated CAP While climate change impacts everyone, it hits hardest in low-income and communities of color that face a disproportionate pollution burden. The State of California has recognized the challenges facing Environmental Justice communities and prioritized those areas for allocation of Cap and Trade funds. San Diego is the first city in California to adopt a CAP that utilizes a statewide monitoring tool called CalEnviroScreen, which identifies vulnerable communities and can be used to direct investment and benefits to these neighborhoods. According to this tool, four of Chula Vista’s census tracts rank among the 25% most disadvantaged communities in the state based on population characteristics and pollution burden. This presents Chula Vista with the opportunity to obtain funding for programs in these communities. We recommend that Chula Vista’s updated plan include an Environmental Justice section that utilizes CalEnviroScreen to prioritize populations hit first and worst by climate change. Programs in EJ communities might include ensuring all populations in the City have access to solar energy, home energy efficiency upgrades, and green spaces. Lastly, the city should address how CAP strategies can create good-paying jobs for residents and improve quality of life in neighborhoods throughout the City. Climate Action Campaign | 4452 Park Blvd. Suite 209, San Diego, CA 92116 | 619-419-1222 info@climateactioncampaign.org | www.ClimateActionCampaign.org 2017-09-26 Agenda Packet Page 307 Binding Commitment Recommendation 5: Make the CAP Legally Binding A legally binding plan is not subject to the vagaries of political whim or will. Rather, it is a stated commitment to the public that the City will do everything in its power to protect and preserve the future for Chula Vista families. Currently, six cities in San Diego County have legally binding CAPs: the City of San Diego, San Marcos, Carlsbad, National City, Vista, and Escondido. In addition, La Mesa and the County of San Diego must tie their emissions targets to measurable and enforceable strategies in their revised CAPs. Climate Action Planning throughout the region has shifted to favor legally binding plans that signal bold leadership on climate change. We urge The City of Chula Vista to make a similarly strong statement of support for current and future generations of Chula Vista families by making the updated CAP legally binding. Conclusion Once again, we applaud the City of Chula Vista for your efforts to update and strengthen the CAP. We believe this update presents an exciting opportunity for the City of Chula Vista to show leadership and bolster the resiliency of residents and infrastructure against the impacts of climate change, and fill in gaps in the City's environmental policies since the 2010 update of its CAP. In this modern era of climate action planning, cities across the region are moving aggressively toward 100% Clean Energy, CCE, significant commuter mode shift goals, and environmental justice. We hope to see Chula Vista re-emerge as a regional climate leader and strongly urge you to incorporate the recommendations enumerated above. Thank you for the opportunity to weigh in on this critically important planning document. According to the most recently available data and climate scientists, there is no greater threat to the future of humanity than climate change. Sincerely Sophie Wolfram, Policy Advocate sophie@climateactioncampaign.org (914) 715-2451 Climate Action Campaign | 4452 Park Blvd. Suite 209, San Diego, CA 92116 | 619-419-1222 info@climateactioncampaign.org | www.ClimateActionCampaign.org 2017-09-26 Agenda Packet Page 308 City of Chula Vista’s 2017 Climate Action Plan – Energy Efficiency The programs referenced herein are representative of SDG&E’s 2017 energy efficiency portfolio, and are subject to change per California Public Utilities Commission directive. Notwithstanding any future changes, SDG&E is prepared to utilize its energy efficiency programs to help the City of Chula Vista achieve its Climate Action Plan goals. . – Energy Education & Enforcement Strategy 1. Expand education targeting key community segments and facilitate energy performance disclosure. A. Offer free evaluations through Free Resource & Energy Business Energy Evaluations (FREBE) & Home Upgrade, Carbon Downgrade programs a. FREBE can be funded through the City of Chula Vista and SDG&E’s local government partnership (LGP). B. Engage “green” business leaders through CLEAN Business program a. CLEAN Business program can be funded through the City of Chula Vista and SDG&E’s LGP. C. Initiate community‐wide social marketing campaigns to target key segments, such as DIY, disadvantaged residents and high energy users. a. SDG&E offers both the Energy Savings Assistance Program (ESA) and the CARE program to provide low-income customers with bill discounts and energy-related services and products at no cost. Further, SDG&E partners with community based organizations, such as the Energy Solutions Partner Network to coordinate activities and social media outreach. In 2016, over 3,000 activities were coordinated to promote CARE and ESA, including through socia l media (nearly 450 social media messages). D. Launch a “Build Green” awareness and assistance program for builders and permit applicants. a. The LGP budget can assist with this outreach. E. Promote the use of Green Leases to commercial property owners and tenan ts. a. SDG&E can research the feasibility of utilizing Reach Codes and Ordinance development to help implement and define a Green Lease program. F. Create local incentives or policies for building benchmarking and public disclosure. a. SDG&E provides both benchmarking support and ordinance research support. Objective 3.1 – Energy Education & Enforcement Performance Metric: Engage 8% of households and businesses on energy conservation per year 2020 MT C02e GHG Reductions: 1,936 2035 MT C02e GHG Reductions: 1,936 2017-09-26 Agenda Packet Page 309 City of Chula Vista’s 2017 Climate Action Plan – Energy Efficiency Strategy 2. Leverage the building inspection process to deter unpermitted, low -performing energy improvements. A. Initiate monthly energy code trainings for building permit and inspection staff. a. SDG&E’s Workforce Education & Training (WE&T) program and Trade Pro Alliance at the Energy Innovation Center (EIC) can help with education and training services. B. Conduct secondary reviews of inspections to help identify common energy code errors. a. N/A C. Integrate energy and sustainability info into permit counter and/or inspection outreach materials. a. The LGP budget can be utilized to develop outreach material and educate residents and businesses about energy and sustainability information. Select trainings at the EIC are also open to the public that can provide this information to residents and businesses. D. Determine if bulk or annual permit program will encourage more permitted jobs. a. N/A E. Create “Build Green Chula Vista” network to support contractors, inspectors, appraisers and others who work with homes. a. SDG&E’s WE&T program can provide energy efficiency education to trade professionals within the network. Additionally, SDG&E will collaborate with the California Energy Commission on the adoption, implementation and enforcement of a responsible contractor policy per SB 350. F. Work with state/regional partners on consumer education of the value of permits and complaints related to energy code. a. The SEEC partnership can be leveraged to discuss best practices and share program ideas to provide Chula Vista with the information to develop the outreach material related to permitting and complaints and their benefit to the energy code. Objective 3.3 – Energy Efficiency Upgrades Performance Metric: Retrofit 13% of SF & MF homes and 10% of commercial SQFT to save 25% by 2020 (20% of both with 50% savings by 2035) 2020 MT C02e GHG Reductions: 9,428 2035 MT C02e GHG Reductions: 22,432 Strategy 1. Reauthorize the City’s “cool roof” standards and expand to include re-roofs and western areas. A. In consultation with community stakeholders (such as Realtors) offer additional Property Assessed Clean Energy (PACE) programs to help finance cool roof retrofits in the community. 2017-09-26 Agenda Packet Page 310 City of Chula Vista’s 2017 Climate Action Plan – Energy Efficiency a. The Residential Energy Efficiency Loan (REEL) Assistance Program, one of SDG&E’s new financing pilots, can be used to finance residential cool roofs through local credit union partners at market interest rates. B. Review related cost-effectiveness studies for the City’s two climate zones and determine if cool roof requirements are cost effective. a. The Codes and Standards group can be leveraged to provide these studies and additional reach codes can be implemented th rough these programs. Strategy 2. Facilitate more energy upgrades in the community through incentives, permit streamline (where possible), and education. A. Leverage Community Development Block Grant funding for energy upgrades for low - income households. a. SDG&E’s ESA, CARE, and Low Income Home Energy Assistance Programs (LIHEAP) programs can be leveraged to identify incentives, provide free or low-cost energy upgrades, and lower bills for income qualified customers. B. Offer expedited permitting for projects in voluntary Green Building Plus program a. N/A C. Transition to over-the-counter permitting for residential solar systems. a. N/A D. Work with SDG&E to evaluate feasibility of a permit-based energy efficiency incentive a. Through the recently filed Energy Efficiency Business Plan, SDG&E can assess the needs of the Public Sector and tailor program offerings to meet these needs. Although no program currently offers incentives for permit based energy efficiency, SDG&E will work with the City of Chula Vista to investigate the feasibility of this program. E. Evaluate if the city can allow SDG&E QA/QC program to serve as final permit inspection. a. N/A F. Seek funds to subsidize expedited Cal Green Tier 1 projects. a. Savings by Design, EEBI, and the Codes & Standards Reach Codes can be utilized to reduce the cost of installing Cal Green Tier 1 projects. Strategy 3. Require energy-savings retrofits in existing buildings at a specific point in time. A. Require free energy evaluations for businesses as part of licensing process. a. This is currently an offering provided by the FREBE program, which can be funded through the City of Chula Vista and SDG&E’s LGP. Another option is for businesses to enroll through either the Comprehensive Audit Program (CAP) to receive a free energy efficiency audit, or participate in the Business Energy Solutions (BES) program to receive audits and identify free or low-cost energy upgrades on the spot. B. Include free retrofit evaluations in Home Upgrade, Carbon Downgrade program. 2017-09-26 Agenda Packet Page 311 City of Chula Vista’s 2017 Climate Action Plan – Energy Efficiency a. This is currently an offering provided by the FREBE program, which can be funded through the City of Chula Vista and SDG&E’s LGP. C. Offer additional Property Assessed Clean Energy (PACE) programs to help finance energy retrofits in the community. a. In addition to PACE, Chula Vista’s residents can finance energy retrofits through the financial pilot programs, and businesses can utilize b oth these pilot programs and the On-Bill Financing program for energy efficiency projects. D. Develop Residential and Commercial Energy Conservation ordinance for City Council consideration. a. Through the LGP, SDG&E can research best practices and provide tec hnical support for energy ordinances for both residents and businesses within the community. E. Require increase energy standards on projects that receive financing form the City via Notice of Funding Availability (NOFA). a. This process can be standardized and the framework can be provided by utilizing the Reach Codes provided by SDG&E’s Codes and Standards department. 2017-09-26 Agenda Packet Page 312 Questions and Comments: • SDG&E would like to see if the City is amenable to our providing material and/or assistance in helping design the City’s EV-Ready outreach program. Please let us know your thoughts and feedback. • SDG&E would like to request further details on the Cities EV Ready program for new construction. We may be able to assist with the program. • In the City’s transition of sweet sweepers and tow trucks it is possible SDG&E can be of assistance. SDG&E’s commercial fleet team is one of the most well regarded in the industry and can provide an analysis of natural gas vehicles, engines, retrofits, and vendors available to convert gasoline or diesel vehicles to alternative fuel vehicles. It will include methods to provide public and private fueling, as well as information on new regulations for air quality, GHG reductions, fuel quality and station operations. • Can the City provide more information on the Neighborhood EV network in Otay Ranch? We may be able to assist with the program and would like to have a better understanding. Additional Services • Grant Support: o With the numerous grants available to help with electric and natural gas fleet conversion, SDG&E can share best practices for grant success and help assist with the grants. We continue to send grant opportunities to the Office of Sustainability including the recent Federal Transit Administration (FTA) availability of approximately $226.5 million of Fiscal Year 2017 funds for buses, bus facilities, and bus equipment (https://www.transit.dot.gov/busgrants). • SB 350 Priority Review Programs: o SDG&E continues to invest in infrastructure, implement grid integrated rates, leverage and provide new opportunities for competitive charging equipment and service providers, partner with institutions and entities seeking support to 2017-09-26 Agenda Packet Page 313 deploy EV charging, ensure public safety, and protect ratepayers. As part of SB 350, SDG&E proposed seven transportation electrification projects across a diverse set of transportation sectors, including goods movement, people movement and in-home charging. o A majority of the programs will directly benefit the City of Chula Vista, specifically: ▪ Electrify local highways: SDG&E proposes to install Level 2 and DC Fast Chargers located in or near disadvantaged communities at four Caltrans Park-and-Ride locations with existing plans for new construction and upgrades. A grid integrated rate will be offered to encourage charging at times beneficial to the grid. One DCFC will be located on Palomar Street off the I-805 in Chula Vista. ▪ Medium-duty/heavy-duty and forklift port electrification: SDG&E proposes to install a combination of components such as electric vehicle supply equipment, circuits, load research meters and data loggers, in collaboration with the San Diego Unified Port District and its tenants. ▪ Green taxi/shuttle/rideshare: SDG&E proposes to provide charging infrastructure and vehicle incentives with a grid integrated rate to encourage taxi owners/companies, shuttle bus owners/companies, and rideshare drivers/companies to lease or purchase EVs. ▪ Dealership incentives: SDG&E proposes to offer EV education and incentives to dealerships and their salespeople to increase EV sales and enhance the associated customer experience. ▪ Residential charging program: SDG&E proposes to install 90,000 Level 2 charging stations at the homes of EV drivers with a grid integrated rate. o SDG&E expects a decision on the SB 350 priority review projects in October and a decision on the Residential charging program is expected in 2018. • Electric Vehicle Climate Credit: o Nearly 7,000 SDG&E customers received a $200 credit for driving a clean vehicle in 2017 – including Chula Vista residents. Customers who own or lease an all- electric or plug-in hybrid vehicle received the credit as part of the California Air Resources Board’s effort to reduce greenhouse gas emissions in California. o In total, SDG&E distributed over $1.4M through the Electric Vehicle Climate Credit program. The program is closed for 2017 and will reopen again early next year. o If you applied for the credit in 2017 and you’re still driving an electric vehicle in 2018, you’re eligible to apply again. 2017-09-26 Agenda Packet Page 314 2017-09-26 Agenda Packet Page 315 2017-09-26 Agenda Packet Page 316 2017-09-26 Agenda Packet Page 317 2017-09-26 Agenda Packet Page 318 City of Chula Vista Staff Report File#:17-0432, Item#: 9. CONSIDERATION OF APPOINTING THE CITY CLERK AND APPROVING THE CITY CLERK EMPLOYMENT AGREEMENT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPOINTING KERRY BIGELOW AS CITY CLERK EFFECTIVE SEPTEMBER 29, 2017 AND APPROVING THE CITY CLERK EMPLOYMENT AGREEMENT RECOMMENDED ACTION Council adopt the resolution. SUMMARY Current City Clerk Donna Norris provided notice that she would be retiring effective October 4, 2017. Following a statewide recruitment, the Council selected Kerry Bigelow for the position of City Clerk, pending contract negotiation. The negotiation was subsequently completed. This item seeks to approve the appointment of Ms. Bigelow as City Clerk for the City of Chula Vista effective September 29, 2017, and attendant employment agreement. ENVIRONMENTAL REVIEW Environmental Notice The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Environmental Determination The Director of Development Services 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 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 required. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION Current City Clerk Donna Norris provided notice that she would be retiring effective October 4, 2017. In response, Council appointed a subcommittee consisting of Mayor Casillas Salas and Councilmember Padilla to complete the recruitment for City Clerk and return to the full Council with the top applicants for consideration. City of Chula Vista Printed on 9/21/2017Page 1 of 2 powered by Legistar™2017-09-26 Agenda Packet Page 319 File#:17-0432, Item#: 9. The subcommittee initiated a state-wide recruitment which yielded 309 applications over five-weeks. The subcommittee reviewed the applications and invited the most highly qualified applicants to participate in an onsite interview. On August 22, 2017, the subcommittee made recommendations to the full Council in closed session for deliberation. Council unanimously agreed to select Kerry Bigelow for the position of City Clerk pending contract negotiation. The Council directed the Human Resources Department and Office of the City Attorney to work with the Mayor to negotiate a contract with Ms. Bigelow. This negotiation has subsequently been completed. This item seeks to approve the appointment of Ms. Bigelow as City Clerk for the City of Chula Vista effective September 29, 2017, and attendant employment agreement. 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 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. This contract supports City Initiative 1.2.3 Retain and attract quality employees under the Operational Excellence goal. CURRENT YEAR FISCAL IMPACT There is no fiscal impact from this action. ONGOING FISCAL IMPACT There is no fiscal impact from this action. ATTACHMENTS City Clerk Employment Agreement Staff Contact: Courtney Chase City of Chula Vista Printed on 9/21/2017Page 2 of 2 powered by Legistar™2017-09-26 Agenda Packet Page 320 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@F80DCE56\@BCL@F80DCE56.docx RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPOINTING KERRY BIGELOW AS CITY CLERK EFFECTIVE SEPTEMBER 29, 2017 AND APPROVING THE CITY CLERK EMPLOYMENT AGREEMENT WHEREAS, upon notice of current City Clerk Donna Norris’s retirement, the City Council appointed a subcommittee of Mayor Casillas Salas and Councilmember Padilla to complete a recruitment process and return to the full Council with the top applicants for consideration; and WHEREAS, following a statewide recruitment, which yielded 309 applications over five weeks, the subcommittee reviews the applications and invited the most highly qualified applicants to participate in an onsite interview; and WHEREAS, on August 22, 2017, the subcommittee made recommendations to the City Council in closed session for deliberation; and WHEREAS, the City Council voted unanimously to appoint Kerry Bigelow as the City Clerk of the City of Chula Vista effective September 29, 2017, and to authorize the Human Resources Department and Office of the City Attorney to work with the Mayor to negotiate a contract with Ms. Bigelow; and WHEREAS, the Mayor and Human Resources Director have prepared and presented Ms. Bigelow with the terms and conditions described in the City Clerk Employment Agreement, attached hereto as Exhibit 1; and WHEREAS, Ms. Bigelow has accepted the offer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it appoints Kerry Bigelow as City Clerk of the City of Chula Vista. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it approves the City Clerk Employment Agreement, between the City and Kerry Bigelow, 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 to execute same. Presented by Mary Casillas Salas Mayor Approved as to form by Glen R. Googins City Attorney 2017-09-26 Agenda Packet Page 321 2017-09-26 Agenda Packet Page 322 2017-09-26 Agenda Packet Page 323 2017-09-26 Agenda Packet Page 324 2017-09-26 Agenda Packet Page 325 2017-09-26 Agenda Packet Page 326 2017-09-26 Agenda Packet Page 327 2017-09-26 Agenda Packet Page 328 2017-09-26 Agenda Packet Page 329 2017-09-26 Agenda Packet Page 330 2017-09-26 Agenda Packet Page 331 2017-09-26 Agenda Packet Page 332 2017-09-26 Agenda Packet Page 333 2017-09-26 Agenda Packet Page 334 2017-09-26 Agenda Packet Page 335 2017-09-26 Agenda Packet Page 336 2017-09-26 Agenda Packet Page 337 2017-09-26 Agenda Packet Page 338 City of Chula Vista Staff Report File#:17-0403, Item#: 10. PRESENTATION OF THE CITY OF CHULA VISTA PUBLIC SAFETY STAFFING REPORT RECOMMENDED ACTION Council hear the report and provide direction. SUMMARY At the June 6, 2017 Council Meeting, the City Manager was directed to “report back to the City Council within 120 days with a plan to address the chronic understaffing of the Police and Fire Departments, with such plan considering all options, including: (i) alternative service models that may improve effectiveness and reduce costs; and (ii) potential funding sources.” In order to provide the opportunity for community input, the City Manager formed the Public Safety Advisory Committee (PSAC). The committee includes Chula Vista residents, business owners, and community leaders. The committee worked with staff liaisons from Fire, Police, Administration and Finance Departments to secure public input that would assist in creating a Public Safety Staffing Report. The Chula Vista Fire Department (CVFD) and Chula Vista Police Department (CVPD) collaborated to assess factors affecting public safety, including: ·Community and stakeholder feedback/input on priorities for delivery of public safety services ·Short and long-term staffing level standards for CVPD and CVFD ·Response times for Priority 1 and Priority 2 emergency Calls for CVPD ·Response times with properly equipped and staffed fire and medical units for CVFD ·Consideration of alternate public safety service delivery models ·Accounting for growth - 5-year, 10-year and build-out projection models ·Fiscal forecasts and impacts The Public Safety Staffing Report, which is an attachment to this report, continues to be a work in progress. Further refinement of recommendations and fiscal impacts will be assessed after receiving Council direction and feedback. ENVIRONMENTAL REVIEW Environmental Notice The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. City of Chula Vista Printed on 9/21/2017Page 1 of 6 powered by Legistar™2017-09-26 Agenda Packet Page 339 File#:17-0403, Item#: 10. Environmental Determination The Director of Development Services 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 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 required. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION Public Safety, which includes police and fire services, is a top priority in the City of Chula Vista. As part of the fiscal year 2017-18 adopted budget, the City allocated 65% of discretionary revenues to the Police and Fire Departments combined. The allocation includes the 5 new police officer positions added as part of the fiscal year 2017-18 adopted budget. Recently, the City also approved adding 12 firefighters in the current fiscal year. Taking into account the additional 12 firefighters and the support staff in Finance, Human Resources, Information Technology, City Attorney and Public Works the actual allocation of the General Fund for public safety services, including support services, is likely closer to 80%. Some of the services provided by the support departments to public safety include payroll processing, deferred compensation, financial analysis, procurement, budgetary support, recruitment, employee benefits, workers compensation, employee performance, labor negotiations, public safety IT systems support, legal services, contractual oversight, risk management and facilities and equipment maintenance. The public safety staffing report does not take into account any additional positions in the support departments that will be necessary to support increases in public safety staffing. City of Chula Vista Printed on 9/21/2017Page 2 of 6 powered by Legistar™2017-09-26 Agenda Packet Page 340 File#:17-0403, Item#: 10. General Fund Personnel Net Cost The Public Safety Staffing Report provides an assessment of historical and current staffing levels for Chula Vista Fire Department and Chula Vista Police Department and outlines possible alternative service models. The City Manager formed a Public Safety Advisory Committee composed of community stakeholders including representatives from City Boards/Commissions, labor groups, school districts, and local business, community and civic groups. The PSAC met on August 10 and 31, 2017. In the first meeting, staff presented an overview of current staffing levels, public safety funding, as well as the City’s five-year budget forecast. A Q&A session followed providing the committee members the opportunity to ask questions regarding public safety services, budgetary constraints as well as to communicate any recommendations they would like considered. At the August 31 meeting, PSAC members broke into two groups for a roundtable discussion about Fire and Police services and priorities in Chula Vista. The intent of the breakout group sessions was to provide a forum for PSAC members to provide input on their experiences with public safety and their priorities for public safety services. The feedback provided input in the development of the Public Safety Staffing report. City staff will continue engaging with the PSAC as needed based on City Council feedback and direction. 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 Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a City of Chula Vista Printed on 9/21/2017Page 3 of 6 powered by Legistar™2017-09-26 Agenda Packet Page 341 File#:17-0403, Item#: 10. section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). 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 Public Safety Staffing Report supports all City Strategic Goals. CURRENT YEAR FISCAL IMPACT The City added 5 police officers and 12 firefighters that were approved in the current fiscal year with an ongoing net impact of $3.1 million annually. The firefighter positions are partially offset through a SAFER grant for three years beginning in FY 2017-18. There are no fiscal impacts related to presenting the Public Safety Staffing Report as it is informational only. ONGOING FISCAL IMPACT As reflected in the 10-year financial forecast report, presented to the City Council on March 2, 2017 and May 23, 2017, the City is anticipating significant budgetary challenges due primarily to increasing pension costs. City staff will continue to work with the various departments on developing budget balancing proposals in order to avoid layoffs and service level impacts. As a result, staff does not anticipate that requests discussed in the Public Safety Staffing report can be funded without a new source of revenue or significant budgetary cuts in the remaining departments. City of Chula Vista Printed on 9/21/2017Page 4 of 6 powered by Legistar™2017-09-26 Agenda Packet Page 342 File#:17-0403, Item#: 10. Long Term Financial Plan Forecast Summary FY2018 - FY2022 Long Term Financial Plan Forecast Summary FY2023 - FY2027 Note: The Long Term Financial Plan Forecast Report presented to City Council can be found at www.chulavistaca.gov/budget <http://www.chulavistaca.gov/budget>. The forecast does not include any additional costs associated with the recommendations identified in the Public Safety Staffing report. City of Chula Vista Printed on 9/21/2017Page 5 of 6 powered by Legistar™2017-09-26 Agenda Packet Page 343 File#:17-0403, Item#: 10. The forecast presented above does assume the addition of 5 new police officers per year over the next 10 years and the addition of Fire personnel for the opening of the Millenia and Bayfront Fire Stations. The forecast does not include any additional costs associated with the recommendations identified in the Public Safety Staffing report. Police Department Recommendations:The Public Safety Staffing Report for the Police Department identifies the need for 43 additional police officers and 19 civilian positions in the “Catch Up” phase which would move the City from the lowest sworn staffed department in the county (.86 per capita) in line with the next lowest sworn-staffed department in the county (1.01 per capita). Preliminary estimated annual costs is $10.3 million. As discussed in the report, the Keeping Up and Moving Forward phases would require an additional 76 police officers and 30 additional civilian staff. The total estimated annual cost at full implementation would be $29.4 million annually. These estimates do not include costs for additional equipment and capital. Fire Department Recommendations:The Public Safety Staffing report for the Fire Department identifies recommendations which include implementing 4.0 staffing citywide, additions of medical squad units, and staffing for new fire stations opening on the Bayfront and Millenia. Preliminary estimated cost for these recommendations are $17.9 million annually. These estimates do not include cost for additional equipment or capital. In addition, staff from Finance, Human Resources, Information Technology, City Attorney and Public Works Departments provide significant support to public safety. This report does not take into account any additional positions in these departments that will be necessary to support increases in public safety staffing. Any additional costs beyond fiscal year 2019 will be calculated once additional information and City Council direction is received. ATTACHMENTS Chula Vista Public Safety Staffing Report Staff Contacts: Maria Kachadoorian, Assistant City Manager; Vern Sallee, Police Captain; Harry Muns, Deputy Fire Chief. City of Chula Vista Printed on 9/21/2017Page 6 of 6 powered by Legistar™2017-09-26 Agenda Packet Page 344 City of Chula Vista Staff Report File#:17-0395, Item#: 11. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): One (1) Case. (This item was continued from 9/19/2017.) City of Chula Vista Printed on 9/21/2017Page 1 of 1 powered by Legistar™2017-09-26 Agenda Packet Page 345 City of Chula Vista Staff Report File#:17-0433, Item#: 12. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property:1095 Alpine Avenue, Chula Vista, CA 91911 APN 619-100-23 Agency Negotiator:Rick Ryals Negotiating Parties:Rick Ryals, City of Chula Vista and William Best, owner Under Negotiation:Acquisition of Real Property Price and terms City of Chula Vista Printed on 9/21/2017Page 1 of 1 powered by Legistar™2017-09-26 Agenda Packet Page 346 City of Chula Vista Staff Report File#:17-0434, Item#: 13. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(d)(4): One (1) Case. City of Chula Vista Printed on 9/21/2017Page 1 of 1 powered by Legistar™2017-09-26 Agenda Packet Page 347