HomeMy WebLinkAboutAgenda Packet 2018_05_01May 1, 2018City Council Agenda
PRESENTATION OF A PROCLAMATION PROCLAIMING
NATIONAL PUBLIC WORKS WEEK - “THE POWER OF
PUBLIC WORKS” IN THE CITY OF CHULA VISTA
18-0188D.18-0188
SPECIAL RECOGNITION OF THE WINNERS OF THE “MY
FUTURE COMMUNITY” DRAWING CONTEST FOR THE
AGE-FRIENDLY ACTION PLAN: ABIGAIL PEREZ, KARA
SANTOS, NATHAN SEVILLA, FRANCES SOTO, MARIAN
NABO, JANESSA RINCON, AUBREE ANTOINE, AND
COLTEN STURGESS
18-0151E.18-0151
PRESENTATION REGARDING “LAW DAY” BY DEPUTY
DISTRICT ATTORNEY CARLOS VARELA, CHIEF OF THE
SOUTH BAY DIVISION, AND CITY ATTORNEY GLEN
GOOGINS, AND PRESENTATION OF A PROCLAMATION
PROCLAIMING MAY 1, 2018 AS “LAW DAY” IN THE CITY
OF CHULA VISTA
18-0183F.18-0183
CONSENT CALENDAR (Items 1 - 4)
The Council will enact the Consent Calendar staff recommendations by one motion, without
discussion, unless a Councilmember, a member of the public, or staff requests that an item be
removed for discussion. If you wish to speak on one of these items, please fill out a “Request
to Speak” form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items
pulled from the Consent Calendar will be discussed immediately following the Consent
Calendar.
APPROVAL OF MINUTES of the Special City Council
Workshop on December 12, 2017.
18-01841.18-0184
Council approve the minutes. Staff Recommendation:
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 15.26 OF THE CHULA VISTA MUNICIPAL CODE
TO INCREASE OUTDOOR LIGHTING EFFICIENCY FOR
SPECIFIC COMMERCIAL OUTDOOR LIGHTING
APPLICATIONS (SECOND READING AND ADOPTION)
18-01822.18-0182
Development Services 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. Notwithstanding the foregoing, the activity qualifies
for an Exemption pursuant to Section 15061(b)(3) of the California
Environmental Quality Act State Guidelines.
Environmental Notice:
Council adopt the ordinance. Staff Recommendation:
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May 1, 2018City Council Agenda
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA REPEALING COUNCIL POLICIES 840-01
“REGULATION AND PROHIBITION OF SMOKING IN
CERTAIN AREAS IN THE CITY OF CHULA VISTA USED BY
OR OPEN TO THE PUBLIC,” 840-02 “SMOKING IN
NON-PUBLIC AREAS OF CITY BUILDINGS,” AND THE
ENVIRONMENTAL TOBACCO SMOKE CONTROL
DIRECTIVE
18-00983.18-0098
Development Services 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:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING MULTIPLE DONATIONS,
SPONSORSHIPS AND GRANT FUNDS IN THE AMOUNT
OF $12,280 FOR COSTS ASSOCIATED WITH
RECREATION FACILITIES AND PROGRAMS, AND
AMENDING THE FISCAL YEAR 2017/2018 RECREATION
DEPARTMENT BUDGET TO REFLECT THE
APPROPRIATION OF THESE FUNDS (4/5 VOTE
REQUIRED)
18-01194.18-0119
Recreation 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.
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2018-05-01 Agenda Packet Page 3
May 1, 2018City Council Agenda
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.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RETAINING THE ADMINISTRATIVE FEE
FOR RENT CONTROL SERVICES AT $25 FOR FISCAL
YEAR 2018-19 IN CHAPTER 18 (MOBILEHOMES) OF THE
CITY’S MASTER FEE SCHEDULE
18-00685.18-0068
Development Services 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 conduct the public hearing and adopt the resolution. Staff Recommendation:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA MAKING CERTAIN FINDINGS OF FACT;
ADOPTING A STATEMENT OF OVERRIDING
CONSIDERATIONS; ADOPTING A MITIGATION
MONITORING AND REPORTING PROGRAM AND
CERTIFYING THE FINAL ENVIRONMENTAL IMPACT
REPORT (EIR-17-001; SCH NO. 2016041080) FOR THE
OTAY RANCH PORTION OF VILLAGE FOUR SECTIONAL
PLANNING AREA PLAN, GENERAL DEVELOPMENT PLAN
AMENDMENT AND TENTATIVE MAP PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING AMENDMENTS TO THE
OTAY RANCH GENERAL DEVELOPMENT PLAN TO
REFLECT LAND USE AND POLICY CHANGES FOR
APPROXIMATELY 166 ACRES WITHIN THE OTAY RANCH
PLANNED COMMUNITY, INCLUDING ASSOCIATED TEXT,
MAPS AND TABLES
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ADOPTING A NEW PORTION OF
VILLAGE FOUR SECTIONAL PLANNING AREA (SPA) PLAN,
AND ASSOCIATED REGULATORY DOCUMENTS
18-01856.18-0185
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May 1, 2018City Council Agenda
D. RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING TENTATIVE MAP CVT-15-
03 (PCS15-03) FOR THE PORTION OF VILLAGE FOUR
PROJECT, SUBJECT TO THE CONDITIONS CONTAINED
HEREIN
E. ORDINANCE OF THE CITY OF CHULA VISTA
APPROVING THE SECTIONAL PLANNING AREA (SPA)
PLANNED COMMUNITY DISTRICT REGULATIONS FOR
OTAY RANCH PORTION OF VILLAGE FOUR (FIRST
READING)
(This item has been continued to the May 15, 2018 City
Council Meeting.)
CITY MANAGER’S REPORTS
MAYOR’S REPORTS
COUNCILMEMBERS’ COMMENTS
CITY ATTORNEY'S REPORTS
ADJOURNMENT
to the Mayor's State of the City Address on May 8, 2018, at 6:00 p.m., in the Council
Chambers; and thence to the Regular City Council Meeting on May 15, 2018, 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 5 City of Chula Vista Printed on 4/26/2018
2018-05-01 Agenda Packet Page 5
May 1, 2018City Council Agenda
Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are
published online.
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City of Chula Vista
Staff Report
File#:18-0138, Item#: A.
PRESENTATION OF A PROCLAMATION PROCLAIMING MAY 1, 2018 AS SANDY CHAVEZ DAY IN
THE CITY OF CHULA VISTA
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City of Chula Vista
Staff Report
File#:18-0124, Item#: B.
PRESENTATION OF A PROCLAMATION TO PARKS & RECREATION ADMINISTRATOR TIM
FARMER, PROCLAIMING MAY 19, 2018 AS KIDS TO PARKS DAY IN THE CITY OF CHULA VISTA
City of Chula Vista Printed on 4/26/2018Page 1 of 1
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City of Chula Vista
Staff Report
File#:18-0187, Item#: C.
PRESENTATION OF A PROCLAMATION PROCLAIMING MAY 12, 2018 AS NEIGHBOR DAY IN
THE CITY OF CHULA VISTA
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City of Chula Vista
Staff Report
File#:18-0188, Item#: D.
PRESENTATION OF A PROCLAMATION PROCLAIMING NATIONAL PUBLIC WORKS WEEK -
“THE POWER OF PUBLIC WORKS” IN THE CITY OF CHULA VISTA
City of Chula Vista Printed on 4/26/2018Page 1 of 1
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City of Chula Vista
Staff Report
File#:18-0151, Item#: E.
SPECIAL RECOGNITION OF THE WINNERS OF THE “MY FUTURE COMMUNITY” DRAWING
CONTEST FOR THE AGE-FRIENDLY ACTION PLAN: ABIGAIL PEREZ, KARA SANTOS, NATHAN
SEVILLA, FRANCES SOTO, MARIAN NABO, JANESSA RINCON, AUBREE ANTOINE, AND
COLTEN STURGESS
City of Chula Vista Printed on 4/26/2018Page 1 of 1
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City of Chula Vista
Staff Report
File#:18-0183, Item#: F.
PRESENTATION REGARDING “LAW DAY” BY DEPUTY DISTRICT ATTORNEY CARLOS VARELA,
CHIEF OF THE SOUTH BAY DIVISION, AND CITY ATTORNEY GLEN GOOGINS, AND
PRESENTATION OF A PROCLAMATION PROCLAIMING MAY 1, 2018 AS “LAW DAY” IN THE CITY
OF CHULA VISTA
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City of Chula Vista
Staff Report
File#:18-0184, Item#: 1.
APPROVAL OF MINUTES of the Special City Council Workshop on December 12, 2017.
RECOMMENDED ACTION
Council approve the minutes.
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City of Chula Vista
Meeting Minutes - Draft
6:00 PM Council Chambers
276 4th Avenue, Building A
Chula Vista, CA 91910
Tuesday, December 12, 2017
SPECIAL CITY COUNCIL WORKSHOP
CALL TO ORDER
A Special Meeting of the City Council of the City of Chula Vista was called to order at 6:12 p.m. in the
Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Councilmember Diaz led the Pledge of Allegiance.
ROLL CALL:
Present:Councilmember Aguilar, Councilmember Diaz, Deputy Mayor McCann, Councilmember
Padilla and Mayor Casillas Salas
Also Present: City Manager Halbert, City Attorney Googins, City Clerk Bigelow, and Deputy City Clerk
Larrarte
WORKSHOP
1.17-0537 CANNABIS (MARIJUANA) POLICY IN THE CITY OF CHULA VISTA
As a follow up to the City’s previous discussions on this topic, staff will
present to Council a draft ordinance outlining potential changes to the
City’s current policy prohibiting all commercial cannabis activity in Chula
Vista, including a future process for permitting and regulating such activity.
Staff will seek consideration and feedback from the Council on the draft
ordinance.
Deputy City Manager Bacon, Deputy City Attorney McClurg, Development Services Director Broughton and
City Attorney Googins presented the draft ordinance and responded to questions from the Council.
Deputy Mayor McCann, Councilmember Padilla, and Councilmember Diaz expressed concern regarding
the proposed lottery system and recommended considering applicants' qualifications.
Councilmember Diaz spoke in support of increasing the proposed setbacks, including a formal definition
of "sensitive receptors," and he spoke in support of a skilled and trained workforce.
Mayor Casillas Salas spoke regarding requirements for retail employees and requested additional
information regarding including labor peace agreement language. She distributed additional information to
the Council.
John Acosta, Chula Vista resident, expressed concern regarding retail cannabis activities and requested
additional information on the draft ordinance.
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2018-05-01 Agenda Packet Page 14
December 12, 2017City Council Meeting Minutes - Draft
Lupe Ruiz, Chula Vista resident, expressed concern regarding cannabis use in public, employee training,
and application fees.
Dorian Zaentz, Chula Vista resident, spoke about the medical benefits of cannabis.
The following members of the public spoke in support of the proposed ordinance and offered suggested
modifications:
-Sam Elhomsy, Chula Vista resident
-Alexis Del Castillo, Chula Vista resident
-Daniel Green, Chula Vista resident
-Cynara Velazquez, representing the Association of Cannabis Professionals
-Gina Austin, San Diego resident
-Michelle Reynoso, Chula Vista resident
-Dallin Young, representing the Association of Cannabis Professionals
-Denise Price, representing Eaze
-Jessica McElfresh, representing Citizens for Safe Access
-Sapphire Blackwood, representing the Association of Cannabis Professionals
Janice Draper, Chula Vista resident, spoke in support of the proposed ordinance.
The following members of the public spoke in opposition to the proposed ordinance and offered suggested
modifications:
-William Perno, Chula Vista resident
-Lisa Martin Goodsell, Bonita resident
-Manolo Guillen, Chula Vista resident
The following members of the public spoke in opposition to the proposed ordinance:
-Kathleen Lippitt, Poway resident
-Susan Wilcox, Chula Vista business owner
-Judi Strang, Chula Vista resident, representing the Parent-Teacher Association
-Carol Green, Chula Vista resident
Councilmember Aguilar expressed concern that the proposed setbacks would not result in enough
available properties to allow 3 storefronts in each district. She requested additional information regarding
the issue of storefront deliveries and also spoke in support of allowing storefronts to sell products only for
adult use and not medical.
Councilmember Diaz spoke in support of not allowing the sale of medical use products in retail locations,
starting with a fewer number of retail locations, the possibility of a city employee taking on role of
community liaison, limiting the conditional use permits to one year, ensuring funding for public safety and
education would be available, and strict application requirements to ensure applicants with no criminal
history. He recommended including offsite storage for security video, re-examining setbacks to consider
allowing a storefront in areas such as 3rd Ave, and he requested more information regarding state
regulations on alcohol business advertising.
Councilmember Padilla requested data on medical marijuana prohibition and on issues associated with
storefront operations also providing delivery. He agreed with Councilmember Aguilar regarding the
availability of properties. He clarified that greenhouses are considered enclosed. He agreed with
Councilmember Diaz regarding strict application requirements to ensure quality applicants. He requested
the clarification of certain definitions to clean up ambiguity, endorsed labor peace agreement language
and requested additional information regarding deliveries to the City from outside the City. Councilmember
Padilla spoke in support of any changes to the allowable number of licenses being made at the legislative
level by the Council or the voters, and not at the administrative level.
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2018-05-01 Agenda Packet Page 15
December 12, 2017City Council Meeting Minutes - Draft
Deputy Mayor McCann spoke in support of one dispensary per district to start. He did not support a lottery
system, and recommended that candidates' qualifications be considered. He recommended that funding
from retail operations go to the Police and City Attorney for enforcement.
Mayor Casillas Salas spoke in opposition to reducing the number of dispensaries.
City Attorney Googins spoke regarding the applicant selection process.
There was consensus of the Council to direct staff to return to Council in January with a draft ordinance for
further discussion that incorporated the Council's feedback.
There was consensus of the Council to direct staff to research the following topics and make
recommendations to the Council: whether or not to allow storefronts to deliver, medical and recreation use
in storefronts, applicant selection criteria (lottery or merit-based), and options to address setbacks and
separation.
ADJOURNMENT
At 9:30 p.m., Mayor Casillas Salas adjourned the meeting to the Regular City Council Meeting on
December 19, 2017 at 5:00 p.m., in the Council Chambers.
_______________________________
Kerry K. Bigelow, MMC, City Clerk
Page 3City of Chula Vista
2018-05-01 Agenda Packet Page 16
City of Chula Vista
Staff Report
File#:18-0182, Item#: 2.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.26 OF THE CHULA VISTA
MUNICIPAL CODE TO INCREASE OUTDOOR LIGHTING EFFICIENCY FOR SPECIFIC
COMMERCIAL OUTDOOR LIGHTING APPLICATIONS (SECOND READING AND ADOPTION)
RECOMMENDED ACTION
Council adopt the ordinance.
SUMMARY
On September 26, 2017, the City Council adopted the 2017 Climate Action Plan (CAP), continuing
Chula Vista’s tradition as a nationally-recognized leader in addressing the local threat of climate
change by reducing greenhouse gas (GHG) emissions and lowering Chula Vista’s vulnerability to
expected climate change impacts. The 2017 CAP called for requiring energy efficiency upgrades.
The following proposed energy efficiency standards for specific commercial outdoor lighting
applications is a significant step in Chula Vista’s greenhouse gas (GHG) reduction strategy as
outlined in the 2017 CAP.
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. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to
Section 15061(b)(3) of the California Environmental Quality Act State Guidelines.
Environmental Determination
In accordance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the
City’s environmental procedures, the City Council finds that the adoption of this ordinance is not a
“Project” as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to
Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. In addition,
notwithstanding the foregoing, the City Council finds that the adoption of this ordinance covered by
CEQA General Rule Exemption [Section 15061(b)(3)] which exempts activities that can be seen with
certainty to have no possibility for causing a significant effect on the environment. A significant effect
is defined as, “a substantial, or potentially substantial, adverse change in the physical conditions
within the area,” and the adoption of this Ordinance is therefore not subject to CEQA. Thus, no
environmental review is required.
BOARD/COMMISSION RECOMMENDATION
City staff presented to the Development Services Citizen Oversight Committee on January 24, 2018
as an informational item. City Staff also presented to the Sustainability Commission (SSC) on
February 12, 2018. The SSC unanimously supported the proposed requirements. In addition, staff
presented to the Board of Appeals and Advisors on April 9, 2018 which recommended that City
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File#:18-0182, Item#: 2.
presented to the Board of Appeals and Advisors on April 9, 2018 which recommended that City
Council adopted the ordinance.
DISCUSSION
The 2017 Climate Action Plan (CAP) and related implementation actions were established through an
extensive outreach effort to Chula Vista residents and communities. In 2014, Staff reconvened the
previously formed Climate Change Working Group (CCWG). The CCWG was chaired by
Sustainability Commission members and consisted of 13 other members representing various
community sectors. The CCWG held a total of 11 meetings, including 10 publically-noticed meetings
and one public forum to solicit input and engage the public on the development of the greenhouse
gas reduction strategies through a consensus-building process. In November 2014, City Council
adopted the 12 GHG reduction strategies that the CCWG presented, which included requiring energy
savings retrofits.
These CCWG recommendations were subsequently incorporated into the 2017 (CAP) adopted by
the City Council in September 2017. The 2017 CAP included an implementation schedule that
identified requiring energy savings retrofits as an action that would start in the fourth quarter of 2017.
The proposed ordinance will leverage the City’s significant past efforts to increase energy efficiency
in commercial buildings such as implementing the Free Resource & Energy Business Evaluation
(FREBE) program, working with Property Assessed Clean Energy (PACE) financing companies and
the CLEAN Business program.
This proposed ordinance will be in place until it is superseded by the regular 2019 Building Energy
Efficiency Standards (slated to be implemented starting January 1, 2020) that are expected to require
similar, if not more stringent, power allowances for all outdoor lighting categories.
Task / Milestone Date
Present to City Council (first reading)April 24,
2018
City Council (second reading)May 1,
2018
Submit California Energy Commission
(CEC) Application
April 25,
2018
Receive CEC Response (expected)July 12,
2018
File with California Building
Standards Commission (expected)
July 13,
2018
Effective Date (30 days following CEC
approval)
August 12,
2018
This action is being taken in an effort to leverage the significant growth in LED efficiency and
continued drop in LED technology costs that has been seen in the market. This proposed ordinance
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continued drop in LED technology costs that has been seen in the market. This proposed ordinance
will also help better prepare Chula Vista businesses, builders and contractors for the anticipated
California State 2019 Building Energy Efficiency Standards.
Outdoor Lighting Zones:
California State lighting standards base the allowable outdoor lighting power, in part, on the
brightness of the surrounding conditions. Existing standards contain lighting power allowances based
on which Lighting Zone (LZ) the particular project is located in (see table below for description of all
lighting zones).
Zone Ambient
Illumination
State-wide Default Location
LZ1 Dark Government designated parks, recreation
areas and wildlife preserves.
LZ2 Low Rural areas
LZ3 Medium Urban areas
LZ4 High High intensity nighttime use, such as
entertainment or commercial districts or areas
with special security considerations requiring
very high light levels.
According to the State, different outdoor lighting zones are created because the eyes adapt to darker
surrounding conditions, resulting in less necessary light needed to properly see; when the
surrounding conditions get brighter, more light is needed to see.
The City of Chula Vista consists of three outdoor Lighting Zones per the attached Outdoor Lighting
Zones Map. These include:
·Lighting Zone 3, urban areas that are State default areas as adopted by the California Energy
Commission (CEC) and defined by the 2000 Census,
·Lighting Zone 2, rural areas that are State default areas as adopted by the CEC and defined
by the 2000 Census, and
·Lighting Zone 3, Urban areas as Amended by City of Chula Vista Ordinance # 3023.
The City’s most recent Lighting Zone Map adopted in 2005 lists a majority of the City as LZ3, but due
to significant development since it was adopted, City staff will be working to update the map and
bring back to City Council in the third quarter of 2018.
Proposed Implementation Approach:
In development of the proposed standards, the City utilized documents and analyses prepared for
future state energy codes and a model outdoor lighting efficiency ordinance that was created by the
four California Investor Owned Utilities (IOU) with feedback from local governments and other
stakeholders. Under this ordinance, non-residential new construction, additions or certain alterations
would need to meet lower power allowances for ten specific outdoor lighting uses (see table below).
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The new power allowances are calibrated to provide the same light output levels with less energy, by
utilizing Light Emitting Diode (LED) lighting products instead of Pulse Start Metal Halide (PSMH)
lighting which is an older and less efficient technology. A Codes and Standards Enhancement (CASE)
study performed in 2017 by California utilities found that LED products achieving these output and
efficiency levels were commercially available already and are cost effective alternatives to the older
PSMH technology.
The table below compares the existing power allowance alongside the proposed lower power
allowance. Each lighting application has a unique power allowance that is applied based on its
installation characteristics, such as being applied per application, per unit length, or per specific area,
see table below for how each power allowance is applied. The proposed ordinance amends power
allowances for ten specific outdoor lighting applications. In total, the California Energy Code sets
power allowances for 17 specific outdoor non-residential lighting applications. It is expected that all
17 power allowances for outdoor non-residential lighting applications will be reduced as part of the
regular 2019 Building Energy Efficiency Standards, slated to be implemented starting January 1,
2020. Therefore, this ordinance will help building owners save energy by putting some of the
expected 2019 requirements in place early.
Lighting Zone 1 Lighting Zone 2 Lighting Zone 3 Lighting Zone 4
Lighting
Application*
Existing
Value
(watts)
Proposed
Value (watts)
Existing
Value
(watts)
Propose
d Value
(watts)
Existing
Value
(watts)
Proposed
Value
(watts)
Existing
Value
(watts)
Proposed
Value
(watts)
WATTAGE ALLOWANCE PER APPLICATION.
Building
Entrances or
Exits.
Allowance per
door.
15 9 25 15 35 19 45 21
Primary
Entrances to
Senior Care
Facilities,
Police
Stations,
Hospitals,
Fire Stations,
and
Emergency
Vehicle
Facilities.
Allowance per
primary
entrance(s)
only. This
allowance shall
be in 'addition
to the building
entrance or exit
allowance
above.
45 20 80 40 120 57 130 60
Drive-Up
Windows.
Allowance per
customer
service
location.
40 16 75 30 125 50 200 75
WATTAGE ALLOWANCE PER UNIT LENGTH (w/linear ft).
Outdoor
Sales
Frontage.
Allowance for
frontage
immediately
adjacent to the
principal
viewing
location(s) and
unobstructed
for its viewing
length.
No
Allowance
No
Allowance
22.5 11 36 19 45 25
WATTAGE ALLOWANCE PER SPECIFIC AREA (W/ft²).
Building
Facades.Only
areas of
building façade
that are
illuminated
shall qualify for
this allowance.
No
Allowance
No
Allowance
0.18 0.100 0.35 0.170 0.50 0.225
Outdoor
Sales Lots.
Allowance for
uncovered
sales lots used
exclusively for
the display of
vehicles or
other
merchandise
for sale.
0.164 0.06 0.555 0.21 0.758 0.28 1.285 0.485
Vehicle
Service
Station
Hardscape.
Allowance for
the total
illuminated
hardscape area
less area of
buildings,
under
canopies, off
property, or
obstructed by
signs or
structures.
0.014 0.006 0.155 0.068 0.308 0.138 0.485 0.200
Vehicle
Service
Station
Canopies.
Allowance for the
total area within
the drip line of
the canopy.
0.514 0.220 1.005 0.430 1.300 0.580 2.200 1.010
Non-Sales
Canopies and
Tunnels.
Allowance for
the total area
within the drip
line of the
canopy or
inside the
tunnel.
0.084 0.057 0.205 0.137 0.408 0.27 0.585 0.37
Outdoor
Dining.
Allowance for
the total
illuminated
hardscape of
outdoor dining.
0.014 0.004 0.135 0.030 0.240 0.050 0.400 0.075
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File#:18-0182, Item#: 2.
Lighting Zone 1 Lighting Zone 2 Lighting Zone 3 Lighting Zone 4LightingApplication*ExistingValue(watts)ProposedValue (watts)ExistingValue(watts)Proposed Value(watts)ExistingValue(watts)ProposedValue(watts)ExistingValue(watts)ProposedValue(watts)WATTAGE ALLOWANCE PER APPLICATION.BuildingEntrances orExits.Allowance perdoor.15 9 25 15 35 19 45 21PrimaryEntrances toSenior CareFacilities,PoliceStations,Hospitals,Fire Stations,andEmergencyVehicleFacilities.Allowance perprimaryentrance(s)
only. This
allowance shall
be in 'addition
to the building
entrance or exit
allowance
above.
45 20 80 40 120 57 130 60
Drive-Up
Windows.
Allowance per
customer
service
location.
40 16 75 30 125 50 200 75
WATTAGE ALLOWANCE PER UNIT LENGTH (w/linear ft).
Outdoor
Sales
Frontage.
Allowance for
frontage
immediately
adjacent to the
principal
viewing
location(s) and
unobstructed
for its viewing
length.
No
Allowance
No
Allowance
22.5 11 36 19 45 25
WATTAGE ALLOWANCE PER SPECIFIC AREA (W/ft²).
Building
Facades.Only
areas of
building façade
that are
illuminated
shall qualify for
this allowance.
No
Allowance
No
Allowance
0.18 0.100 0.35 0.170 0.50 0.225
Outdoor
Sales Lots.
Allowance for
uncovered
sales lots used
exclusively for
the display of
vehicles or
other
merchandise
for sale.
0.164 0.06 0.555 0.21 0.758 0.28 1.285 0.485
Vehicle
Service
Station
Hardscape.
Allowance for
the total
illuminated
hardscape area
less area of
buildings,
under
canopies, off
property, or
obstructed by
signs or
structures.
0.014 0.006 0.155 0.068 0.308 0.138 0.485 0.200
Vehicle
Service
Station
Canopies.
Allowance for the
total area within
the drip line of
the canopy.
0.514 0.220 1.005 0.430 1.300 0.580 2.200 1.010
Non-Sales
Canopies and
Tunnels.
Allowance for
the total area
within the drip
line of the
canopy or
inside the
tunnel.
0.084 0.057 0.205 0.137 0.408 0.27 0.585 0.37
Outdoor
Dining.
Allowance for
the total
illuminated
hardscape of
outdoor dining.
0.014 0.004 0.135 0.030 0.240 0.050 0.400 0.075
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File#:18-0182, Item#: 2.
Lighting Zone 1 Lighting Zone 2 Lighting Zone 3 Lighting Zone 4LightingApplication*ExistingValue(watts)ProposedValue (watts)ExistingValue(watts)Proposed Value(watts)ExistingValue(watts)ProposedValue(watts)ExistingValue(watts)ProposedValue(watts)WATTAGE ALLOWANCE PER APPLICATION.BuildingEntrances orExits.Allowance perdoor.15 9 25 15 35 19 45 21PrimaryEntrances toSenior CareFacilities,PoliceStations,Hospitals,Fire Stations,andEmergencyVehicleFacilities.Allowance perprimaryentrance(s)only. Thisallowance shallbe in 'additionto the buildingentrance or exitallowanceabove.45 20 80 40 120 57 130 60Drive-UpWindows.Allowance percustomerservicelocation.40 16 75 30 125 50 200 75WATTAGE ALLOWANCE PER UNIT LENGTH (w/linear ft).OutdoorSalesFrontage.Allowance forfrontageimmediatelyadjacent to theprincipalviewinglocation(s) andunobstructedfor its viewinglength.NoAllowance NoAllowance 22.5 11 36 19 45 25WATTAGE ALLOWANCE PER SPECIFIC AREA (W/ft²).BuildingFacades.Onlyareas ofbuilding façadethat areilluminatedshall qualify forthis allowance.NoAllowance NoAllowance 0.18 0.100 0.35 0.170 0.50 0.225OutdoorSales Lots.Allowance foruncoveredsales lots usedexclusively forthe display ofvehicles orothermerchandisefor sale.0.164 0.06 0.555 0.21 0.758 0.28 1.285 0.485VehicleServiceStationHardscape.Allowance forthe totalilluminatedhardscape arealess area of
buildings,
under
canopies, off
property, or
obstructed by
signs or
structures.
0.014 0.006 0.155 0.068 0.308 0.138 0.485 0.200
Vehicle
Service
Station
Canopies.
Allowance for the
total area within
the drip line of
the canopy.
0.514 0.220 1.005 0.430 1.300 0.580 2.200 1.010
Non-Sales
Canopies and
Tunnels.
Allowance for
the total area
within the drip
line of the
canopy or
inside the
tunnel.
0.084 0.057 0.205 0.137 0.408 0.27 0.585 0.37
Outdoor
Dining.
Allowance for
the total
illuminated
hardscape of
outdoor dining.
0.014 0.004 0.135 0.030 0.240 0.050 0.400 0.075
* Lighting Zone 0 is not applicable in Chula Vista
Cost Effectiveness:
A proposed requirement is considered cost effective when it will save the user money over the
lifecycle of the measure in comparison with the existing requirement. Based on the findings in the
“Outdoor Lighting Power Allowances - Final Report”, (Attachment three) staff have determined this
ordinance to be cost-effective. This study was conducted in 2017 with the goal of studying LED
technology in the market in an effort to inform the states 2019 Building Energy Efficiency Standards
update.
The study shows that installing lighting systems compliant with the proposed allowances will save
businesses money under typical operating conditions. In other words, the energy bill savings will
more than compensate for any increase in initial installation cost. As shown in the table below, for
seven out of ten of the affected outdoor lighting categories, the new lighting technologies needed to
meet the proposed lighting power allowance standards were actually found to cost less to purchase
and install. Therefore, the proposed requirements for these seven categories have an infinite benefit-
to-cost ratio. The remaining three categories have an average benefit to cost ratio of 22.2, which
means that over their expected lifetime, they are expected to save the users much more in utility
costs than the incremental cost to implement the upgrades.
Outdoor
Lighting
Category
Additional
Installation
Cost
Lifecycle Energy
Bill Savings
Benefit to
Cost Ratio
Building
Entrances
Lower $173 per installed
fixture
Not applicable
Primary Entrances Lower $672 per installed
fixture
Not applicable
Drive Up
Windows
Lower $550 per installed
fixture
Not applicable
Outdoor Sales
Frontage
$11.17 per ft.$82 per ft.7.35
Building Facades $0.02 per sq.
ft.
$132 per sq. ft.51.4
Outdoor Sales
Lots
Lower $4.60 per sq. ft.Not applicable
Vehicle Service
Station Hardscape
$0.21 per sq.
ft.
$1.63 per sq. ft.7.9
Vehicle Service
Station Canopies
Lower $7.13 per sq. ft.Not applicable
Non-sales
Canopies
Lower $0.68 per sq. ft.Not applicable
Outdoor Dining Lower $0.87 per sq. ft.Not applicable
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File#:18-0182, Item#: 2.
Outdoor
Lighting
Category
Additional
Installation
Cost
Lifecycle Energy
Bill Savings
Benefit to
Cost Ratio
Building
Entrances
Lower $173 per installed
fixture
Not applicable
Primary Entrances Lower $672 per installed
fixture
Not applicable
Drive Up
Windows
Lower $550 per installed
fixture
Not applicable
Outdoor Sales
Frontage
$11.17 per ft.$82 per ft.7.35
Building Facades $0.02 per sq.
ft.
$132 per sq. ft.51.4
Outdoor Sales
Lots
Lower $4.60 per sq. ft.Not applicable
Vehicle Service
Station Hardscape
$0.21 per sq.
ft.
$1.63 per sq. ft.7.9
Vehicle Service
Station Canopies
Lower $7.13 per sq. ft.Not applicable
Non-sales
Canopies
Lower $0.68 per sq. ft.Not applicable
Outdoor Dining Lower $0.87 per sq. ft.Not applicable
Reductions in Energy Use and GHG Emissions & Other Cities Taking Similar Action:
Higher efficiency lighting required by this ordinance will consume between 32% and 81% less energy
depending on the specific lighting application and lighting zone. Citywide, the ordinance is estimated
to save more than 3,300 MTCo2e emissions from covered buildings over the useful life of the
products. The City of Fremont, California implemented a similar outdoor lighting efficiency
requirement in April of 2017.
Required Next Steps:
In order for the City to adopt and enforce increased building energy standards, the City must submit
an application to the California Energy Commission and obtain approval before the increased
standards can take effect. The application submittal must include:
1) The proposed standards as adopted by Council,
2) The City’s determination that the proposed standards will save energy and are cost-
effective
3) A study with supporting analysis for the City’s energy savings and cost effectiveness
findings
4) A statement that the proposed standards will require buildings to be designed to
consume no more energy than permitted by the State Building Energy Efficiency
Standards and
The ordinance includes the necessary energy savings and cost effectiveness findings. By reviewing
the attached cost effectiveness study and adopting this proposed ordinance, Council will be making
the cost effectiveness and energy savings determinations mentioned above. After City Council votes
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the cost effectiveness and energy savings determinations mentioned above. After City Council votes
on the proposed Ordinance after first reading, staff will submit the application to the CEC for their
review and approval. The CEC review and approval process can take up to three months. After
CEC approval, staff will file the ordinance with the California Building Standards Commission and the
ordinance will go into effect 30 days after the CEC approval.
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. This ordinance is a
part of the 2017 Climate Action Plan implementation which was identified under the Strategic Plan’s
Healthy Community goal 3.2.2 and goal 3.1.1 which seeks to implement policies that support a
healthy community.
CURRENT YEAR FISCAL IMPACT
No current year fiscal impact. The building permit review and inspection time associated with
implementing this Ordinance will be funded through building permit fees.
ONGOING FISCAL IMPACT
No ongoing fiscal impact. The building permit review and inspection time associated with
implementing this Ordinance will be funded through building permit fees.
Staff Contact: Cory Downs, Conservation Specialist II
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SECOND READING AND ADOPTION
ORDINANCE NO. _______________
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 15.26 OF THE CHULA VISTA MUNICIPAL CODE TO
INCREASE OUTDOOR LIGHTING EFFCIENCY FOR SPECIFIC
COMMERCIAL OUTDOOR LIGHTING APPLICATIONS
WHEREAS, the California Building Standards Code(“CBSC”) (Title 24 of the
California Code of Regulations) contains the state’s energy and water efficiency
requirements for newly-constructed buildings, as well as for additions and alterations to
existing buildings; and
WHEREAS, the CBSC is published every three years by the California Building
Standards Commission, and was most recently published in 2016 (“2016 Edition”); and
WHEREAS, the City adopted the 2016 Edition, which is codified in Chula Vista
Municipal Code Chapter 15.26; and
WHEREAS, pursuant to Title 24, local jurisdictions may establish more restrictive
building standards reasonably necessary because of local climatic, geological, or
topographical conditions; and
WHEREAS, as presented in a City-wide 2012 greenhouse gas inventory, Chula Vista's
greenhouse gas emissions have increased since 1990 due largely to new residential
growth; and
WHEREAS, as a result, the City Council directed staff to convene a Climate Change
Working Group (CCWG) to develop recommendations to reduce the community’s
greenhouse gas emissions; and
WHEREAS, the CCWG’s recommended climate protection measures included
facilitating more energy efficiency upgrades, and were adopted as part of the City’s 2017
Climate Action Plan, which directed staff to implement the measures based on funding
levels; and
WHEREAS, in alignment with the 2017 Climate Action Plan, staff recommends adopting
local building energy standards for non-residential outdoor lighting that generally reduce
the maximum outdoor lighting power allowances by 32-81%, based on the use; and
WHEREAS, adopting such standards requires amending Code Chapter 15. 26; and
WHEREAS, pursuant to the California Administrative Code, Title 24, Part I, Section 10-
106, Locally Adopted Energy Standards, and the CEC' s submittal and approval process,
the City finds that the requirements below will save energy and are cost-effective within
the City; and
2018-05-01 Agenda Packet Page 25
Ordinance
Page 2
WHEREAS, the City Council finds that the modifications to the CBSC, as detailed in this
Ordinance, are reasonably necessary due to local climatic conditions; and
WHEREAS, the City Council further finds that, as a result of high summer ambient
temperatures and periods of heat waves, average load demand and peak load demand of
energy used in the City is an important factor concerning public safety and adverse
economic impacts of power outages or power reductions; and
WHEREAS, the City Council further finds that the reduction of total and peak energy
use, as a result of incremental energy conservation measures required by this Ordinance,
will have local and regional benefits in the cost-effective reduction of energy costs for the
building owner, additional available system energy capacity, and a reduction in
greenhouse gas emissions; and
WHEREAS, the City affirms that the requirements below will require buildings to be
designed to consume no more energy than permitted by Title 24 Part 6; and
WHEREAS, this Ordinance is intended to preserve and enhance the environment of the
City and is not subject to the California Environmental Quality Act pursuant to Section
15061(b)(3) of the CEQA Guidelines, because there is no possibility that the ordinance
may have a significant negative impact on the environment, and is exempt from the
requirements of CEQA pursuant to Section 15308 of the CEQA Guidelines, which
exempts actions taken by regulatory agencies for the enhancement and protection of the
environment; and
WHEREAS, staff shall work with the City Council, consultant and appropriate agencies
in advance to implement future local amendments so that they are in place no later than
the effective date of the State's new standards whenever possible.
NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows:
Section I. Findings
Each of the above recitals is true and correct and each of the findings and determinations
stated above is hereby adopted by the City Council.
Section II. Amendments to Chapter 15.26
Chapter 15.26 of the Chula Vista Municipal Code is hereby amended by addition of the
sections 15.26.030, as follows:
15.26.030 Reduced Power Allowances for Specific Outdoor Lighting Applications
A. Purpose and Intent
It is the purpose and intent of this section to provide standards for builders and
developers of newly constructed and existing commercial buildings to exceed the
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Ordinance
Page 3
minimum requirements of the 2016 California Building Energy Efficiency Standards for
Residential and Non-Residential Buildings (California Code of Regulations, Title 24, Part
6) (“2016 Energy Efficiency Standards”) by requiring the installation of more energy-
efficient outdoor lighting for specific applications, in an effort to reduce greenhouse gas
emissions from energy usage.
B. Requirements
Table 140.7-B of the 2016 Building Energy Efficiency Standards is amended by
modifying the following rows below the header to read as follows. The remainder of
Table 140.7-B is unchanged.
Table 140.7-B: Additional Lighting Power Allowances for Specific Applications
Lighting Application Lighting
Zone 0
Lighting
Zone 1
Lighting
Zone 2
Lighting
Zone 3
Lighting
Zone 4
WATTAGE ALLOWANCE PER APPLICATION. Use all that apply as appropriate.
Building Entrances or Exits.Allowance per
door. Luminaires qualifying for this allowance
shall be within 20 feet of the door.
Not
applicable
15 9 watts 25 15
watts
35 19
watts
45 21 watts
Primary Entrances to Senior Care Facilities,
Police Stations, Hospitals, Fire Stations, and
Emergency Vehicle Facilities.Allowance per
primary entrance(s) only. Primary entrances shall
provide access for the general public and shall
not be used exclusively for staff or service
personnel. This allowance shall be in 'addition to
the building entrance or exit allowance above.
Luminaires qualifying for this allowance shall be
within 100 feet of the primary entrance.
Not
applicable
45 20 watts 80 40
watts
120 57
watts
130 60
watts
Drive Up Windows.Allowance per customer
service location. Luminaires qualifying for this
allowance shall be within 2 mounting heights of
the sill of the window.
Not
applicable
40 16 watts 75 30
watts
125 50
watts
200 75
watts
Vehicle Service Station Uncovered Fuel
Dispenser.Allowance per fueling dispenser.
Luminaires qualifying for this allowance shall be
within 2 mounting heights of the dispenser.
Not
applicable
120
watts
175
watts
185
watts
330
watts
ATM Machine Lighting.Allowance per ATM
machine. Luminaires qualifying for this allowance
shall be within 50 feet of the dispenser.
Not
applicable
250 watts for first ATM machine, 70 watts for each
additional ATM machine.
WATTAGE ALLOWANCE PER UNIT LENGTH (w/linear ft). May
be used for one or two frontage side(s) per site.
Outdoor Sales Frontage.Allowance for frontage
immediately adjacent to the principal viewing
location(s) and unobstructed for its viewing
length. A corner sales lot may include two
adjacent sides provided that a different principal
viewing location exists for each side. Luminaires
qualifying for this allowance shall be located
between the principal viewing location and the
Not
applicable
No
Allowance
22.5 11
W/linear ft
36 19
W/linear ft
45 25
W/linear ft
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Ordinance
Page 4
frontage outdoor sales area.
WATTAGE ALLOWANCE PER HARDSCAPE AREA (W/ft²). May
be used for any illuminated hardscape area on the site.
Hardscape Ornamental Lighting.Allowance for
the total site illuminated hardscape area.
Luminaires qualifying for this allowance shall be
rated for 100 watts or less as determined in
accordance with Section 130.0(d), and shall be
post-top luminaires, lanterns, pendant luminaires,
or chandeliers.
Not
applicable
No
Allowance
0.02
W/ft²
0.04
W/ft²
0.06
W/ft²
WATTAGE ALLOWANCE PER SPECIFIC AREA (W/ft²). Use as
appropriate provided that none of the following specific
applications shall be used for the same area.
Building Facades. Only areas of building façade
that are illuminated shall qualify for this
allowance. Luminaires qualifying for this
allowance shall be aimed at the façade and shall
be capable of illuminating it without obstruction or
interference by permanent building features or
other objects.
Not
applicable
No
Allowance
0.18 0.100
W/ft2
0.35 0.170
W/ft2
0.50 0.225
W/ft2
Outdoor Sales Lots.Allowance for uncovered
sales lots used exclusively for the display of
vehicles or other merchandise for sale.
Driveways, parking lots or other non sales areas
shall be considered hardscape areas even if
these areas are completely surrounded by sales
lot on all sides. Luminaires qualifying for this
allowance shall be within 5 mounting heights of
the sales lot area.
Not
applicable
0.164 0.06
W/ft²
0.555 0.21
W/ft²
0.758 0.28
W/ft²
1.285 0.485
W/ft²
Vehicle Service Station Hardscape. Allowance
for the total illuminated hardscape area less area
of buildings, under canopies, off property, or
obstructed by signs or structures. Luminaires
qualifying for this allowance shall be illuminating
the hardscape area and shall not be within a
building, below a canopy, beyond property lines,
or obstructed by a sign or other structure.
Not
applicable
0.014 0.006
W/ft²
0.155
0.068
W/ft²
0.308
0.138
W/ft²
0.485 0.200
W/ft²
Vehicle Service Station Canopies.Allowance
for the total area within the drip line of the canopy.
Luminaires qualifying for this allowance shall be
located under the canopy.
Not
applicable
0.514 0.220
W/ft²
1.005
0.430
W/ft²
1.300
0.580
W/ft²
2.200 1.010
W/ft²
Sales Canopies.Allowance for the total area
within the drip line of the canopy. Luminaires
qualifying for this allowance shall be located
under the canopy.
Not
applicable
No
Allowance
0.655
W/ft²
0.908
W/ft²
1.135
W/ft²
Non-sales Canopies and Tunnels.Allowance
for the total area within the drip line of the canopy
or inside the tunnel. Luminaires qualifying for this
allowance shall be located under the canopy or
tunnel.
Not
applicable
0.084 0.057
W/ft²
0.205
0.137
W/ft²
0.408 0.27
W/ft²
0.585 0.37
W/ft²
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Ordinance
Page 5
Guard Stations.Allowance up to 1,000 square
feet per vehicle lane. Guard stations provide
access to secure areas controlled by security
personnel who stop and may inspect vehicles and
vehicle occupants, including identification,
documentation, vehicle license plates, and
vehicle contents. Qualifying luminaires shall be
within 2 mounting heights of a vehicle lane or the
guardhouse.
Not
applicable
0.154
W/ft²
0.355
W/ft²
0.708
W/ft²
0.985
W/ft²
Student Pick-up/Drop-off zone. Allowance for
the area of the student pick-up/drop-off zone, with
or without canopy, for preschool through 12th
grade school campuses. A student pick-up/drop
off zone is a curbside, controlled traffic area on a
school campus where students are picked-up and
dropped off from vehicles. The allowed area shall
be the smaller of the actual width or 25 feet, times
the smaller of the actual length or 250 feet.
Qualifying luminaires shall be within 2 mounting
heights of the student pick-up/drop-off zone.
Not
applicable
No
Allowance
0.12
W/ft²
0.45
W/ft²
No
Allowance
Outdoor Dining. Allowance for the total
illuminated hardscape of outdoor dining. Outdoor
dining areas are hardscape areas used to serve
and consume food and beverages. Qualifying
luminaires shall be within 2 mounting heights of
the hardscape area of outdoor dining.
Not
applicable
0.014 0.004
W/ft2
0.135
0.030
W/ft2
0.240
0.050
W/ft2
0.400 0.075
W/ft2
Special Security Lighting for Retail Parking
and Pedestrian Hardscape.This additional
allowance is for illuminated retail parking and
pedestrian hardscape identified as having special
security needs. This allowance shall be in
addition to the building entrance or exit
allowance.
Not
applicable
0.007
W/ft²
0.009
W/ft²
0.019
W/ft²
No
Allowance
C. Exemptions
The Building Official may exempt a covered building from the provisions of this section
if the Official determines there are sufficient practical challenges to make satisfaction of
the requirements infeasible. The applicant is responsible for demonstrating requirement
infeasibility when applying for an exemption. Applications for exemptions shall be made,
in writing, to the Building Official. The Building Official’s determination can be
appealed per Chula Vista Municipal Code (CVMC) 15.06.070 and California Building
Code Section 1.8.8.
Section III. 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 IV. Construction
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Ordinance
Page 6
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 V. Effective Date
This ordinance shall take effect on the 30th day following approval by the California
Energy Commission.
Section VI. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by Approved as to form by
_________________________________________________________________________
Eric Crockett Glen R. Googins
Director of Economic Development City Attorney
2018-05-01 Agenda Packet Page 30
City of Chula Vista
Staff Report
File#:18-0098, Item#: 3.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REPEALING COUNCIL
POLICIES 840-01 “REGULATION AND PROHIBITION OF SMOKING IN CERTAIN AREAS IN THE
CITY OF CHULA VISTA USED BY OR OPEN TO THE PUBLIC,” 840-02 “SMOKING IN NON-
PUBLIC AREAS OF CITY BUILDINGS,” AND THE ENVIRONMENTAL TOBACCO SMOKE
CONTROL DIRECTIVE
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
On December 19, 2017 City Council adopted amendments to Chula Vista Municipal Code (CVMC)
Chapter 8.22, Regulations of Smoking in Public Places and Places of Employment, to generally
prohibit smoking on City owned properties. At that time, it was indicated staff would return to City
Council to repeal all previous smoking related policies that would be superseded by CVMC 8.22,
after the ordinance and an updated Human Resource Policy was in effect.
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 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
On December 12
th and 13
th, respectively, the Housing Advisory Commission (4-0) and Healthy Chula
Vista Advisory Commission (5-0) provided advisory recommendations that Council approve the
proposed amendments to Chula Vista Municipal Code Chapter 8.22.
DISCUSSION
On January 5, 2016, the first Healthy Chula Vista Action Plan was adopted, providing a set of
strategies to review, create, and evaluate policies and programs within the City and to develop
community partnerships to promote wellness within our community. A key component of the plan
included measures to prevent chronic diseases within our community.
In keeping with the Healthy Community goal of the Strategic Plan, on December 19, 2017, staff
brought forward amendments to CVMC Chapter 8.22 to add e-cigarettes, including devices used for
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File#:18-0098, Item#: 3.
brought forward amendments to CVMC Chapter 8.22 to add e-cigarettes, including devices used for
vaping, to the definition of “smoking;” prohibit smoking on any portion of City owned property
(inclusive of all parks, libraries, City buildings, and associated parking lots); and restrict smoking to
designated areas in Affordable Housing Projects to align with U.S. Department of Housing and Urban
Development guidelines.
Staff anticipated returning to City Council after the ordinance became effective (February 9, 2018)
with an updated Human Resources Smoking Policy, implementing Chapter 8.22 with regard to City
staff. As part of preparing an updated Human Resources (“HR”) Smoking Policy, the City, pursuant to
the Meyers-Milias Brown Act (“MMBA”), is required to provide notice of the proposed HR Smoking
Policy and meet and confer, if requested. The City has met its MMBA obligations and tonight’s action
will repeal the following policies:
·Council Policy No. 840-01 (Ord.
1642 § 1, 1975)
Prohibits smoking in confined areas used by or open to
the public (e.g. city operated buildings, public meeting
areas, theatres, etc.).
·Council Policy No. 840-02
(Reso. 13801, 1988)
Excludes apparatus floor in all fire stations from
enclosed smoking prohibition in Council Policy 840-01.
·Environmental Tobacco Smoke
Control Directive (2017)
Prohibits smoking within 25 feet of all building
entrances and operable windows of Buildings A, B and
C on City Hall campus.
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. This item supports
Section 3.1.1 - Implement policies and programs that support a healthy community, by providing
healthier options.
CURRENT YEAR FISCAL IMPACT
Staff costs associated with the preparation of this staff report are offset by grant funds through the
Centers for Disease Control’s Racial and Ethnic Approaches to Community Health (REACH Chula
Vista).
ONGOING FISCAL IMPACT
None.
ATTACHMENTS
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1. Council Policy No. 840-01
2. Council Policy No. 840-02
3. Environmental Tobacco Smoke Control Directive
Staff Contact:Stacey Kurz, Development Services Department
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u
COUNCIL POLICY
CITY OF CHUTA VISTA
SUBIEGT: SMOHING IN NON-PUBLIC AREAS OF CITY POLICY EFFECTIVE
BUILDINGS NUMBER DATE PAGE
840-02 10-13-92 1 OF 1
ADOPTED BY: Resolution 16837 DATED: 10-13-92
PURPOSE
This policy complies with Ordinance No. 2086 effective January 1, 1985.
BAIXGROUND
Chapter 8.22 of the Chula Vista Municipal Code requires that all employers develop policies on "Smoking in
the Workplace". Such policy should comply with the Ordinance and clearly delineate where employees are
permitted to smoke in non-public areas of City buildings. Public aeeas are covered by Chapter 8.22. This
policy was first adopted n 1985. It was amended in October 1988 and further amended in October 1992.
POLICY
ENCLOSED SPACE POLICY
Smoking by employees, visitors, guests, or any other individuals is prohibited at all times (not just normal
working hours) in all enclosed spaces of all buildings owned or leased by the City, or otherwise used by the
City to house City employees, and in all City owned vehicles except as follows:
A. Smoking Areas:
1. Apparatus floor in all fire stations.
OPEN SPACE POLICY
Smoking by employees, visitors, guests, or any other individuals is permitted in the Patio Area (which is not
an enclosed space) of the employee lounge in the Public Services Building, except between 12 and 12:30 p.m.
ORIGINAL RESOLUTION ADOPTING THIS POLICY WAS: 13801 APPROVED 10-17-88.
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RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA REPEALING COUNCIL POLICIES 840-01
“REGULATION AND PROHIBITION OF SMOKING IN
CERTAIN AREAS IN THE CITY OF CHULA VISTA USED BY
OR OPEN TO THE PUBLIC”, 840-02 “SMOKING IN NON-
PUBLIC AREAS OF CITY BUILDINGS” AND THE
ENVIRONMENTAL TOBACCO SMOKE CONTROL
DIRECTIVE
WHEREAS, jurisdictions are becoming increasingly aware that cities play a critical role
in supporting the health and well-being of their communities; and
WHEREAS, the Healthy Chula Vista Action Plan, adopted January 5, 2016, included
strategies to prohibit smoking on city facilities and in affordable housing projects; and
WHEREAS, on December 19, 2017, City Council adopted amendments to Chula Vista
Municipal Code Chapter 8.22, Regulations of Smoking in Public Places and Places of
Employment (“CVMC Chapter 8.22”), to add e-cigarettes to the definition of smoking, prohibit
smoking on all city owned property, and restrict smoking to designated areas in affordable
housing projects; and
WHEREAS, the City has previously adopted policies to prohibit and/or regulate smoking
including Council Policies Nos. 840-01 and 840-02 and an Environmental Tobacco Smoke
Control Directive adopted in 2017, which are now all superseded by CVMC Chapter 8.22; and
WHEREAS, the City has additionally created a Human Resource Policy for smoking
prohibitions of employees while on city owned property, in city vehicles, and during their work
hours and has further met all meet and confer obligations, as required by the Meyers-Milias
Brown Act (“MMBA”).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it repeals Council Policy 840-01 (Regulation and Prohibition of Smoking in Certain
Areas in the City of Chula Vista Used by or Open to the Public), and 840-02 (Smoking in Non-
Public Areas of City Buildings), and the Environmental Tobacco Smoke Control Directive.
Presented by Approved as to form by
Kelly G. Broughton, FASLA Glen R. Googins
Director of Development Services City Attorney
2018-05-01 Agenda Packet Page 42
City of Chula Vista
Staff Report
File#:18-0119, Item#: 4.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING MULTIPLE
DONATIONS, SPONSORSHIPS AND GRANT FUNDS IN THE AMOUNT OF $12,280 FOR COSTS
ASSOCIATED WITH RECREATION FACILITIES AND PROGRAMS, AND AMENDING THE FISCAL
YEAR 2017/2018 RECREATION DEPARTMENT BUDGET TO REFLECT THE APPROPRIATION OF
THESE FUNDS (4/5 VOTE REQUIRED)
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
Multiple donors, sponsors and grantors have made donations to the Recreation Department to fund
costs associated with the recreation facilities and programs. Today’s action asks the City Council to
appropriate these funds.
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 it has been determined that the activity is not a “Project” as defined under Section
15378 of the State CEQA Guidelines because it will not result in a physical change in the
environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is
not subject to CEQA. Thus, no environmental review is required.
BOARD/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
The Recreation Department was awarded a Performing and Visual Arts Grant (“PVAG”), pursuant to
the sublease with Live Nation by which it funds the PVAGs, in the amount of $5,000. This award
helped support the 2017 Music in the Park Summer Concert Series.
The Friends of Chula Vista Parks and Recreation donated funds in the amount of $4,850 to support
various programs and operations throughout the Department including support for the 2017 Music in
the Park Summer Concert Series and the 2017 Summer Movies in the Park Series.
Grace Renewal Church donated $250 to support the 2017 Summer Movies in the Park at Veterans
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Grace Renewal Church donated $250 to support the 2017 Summer Movies in the Park at Veterans
Park.
Norman Park Senior Center received donations totaling $2,180 this year. The Friends of Chula Vista
Parks and Recreation donated funds in the amount of $2,000 for program supplies. The Cruikshank
Trust Agreement donated $100 to support the Monday Movie program. We also received $50
donation from the Chula Vista Garden Club which conducts their meetings at Norman Park Senior
Center. Local resident and center participant, Marc Wade, donated $30 which will be used to
purchase miscellaneous supplies for the Center.
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. Partnership
opportunities are vital to the Recreation Department to help expand special events, programs and
services such as the Movies in the Park, Music in the Park, and Norman Park Senior Center
programming. It also increases economic vitality and community engagement, as well as providing
diversified activities that promote a healthy lifestyle and community.
These partnerships also enhance the Recreation Department’s stature and role as the “Heart of the
Community” and serve to encourage and develop strong and secure neighborhoods and a connected
community by providing diverse recreational opportunities that bring families together and foster civic
pride.
CURRENT YEAR FISCAL IMPACT
Approval of this resolution will result in an appropriation of $12,280 from multiple donors, sponsors
and grantors to the Recreation Department’s budget. There is no net fiscal impact to the General
Fund.
ONGOING FISCAL IMPACT
The Movies and Music in the Park Series is an annual budgeted event. Donated funds, sponsorships,
and grants are used to offset event costs. There is no on-going impact to the budget.
ATTACHMENTS
None.
Staff Contact: Gil Contreras, Principal Recreation Manager
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COUNCIL RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING MULTIPLE DONATIONS,
SPONSORSHIPS AND GRANT FUNDS IN THE AMOUNT OF
$12,280 FOR COSTS ASSOCIATED WITH RECREATION
FACILITIES AND PROGRAMS AND AMENDING THE
FY2017/2018 RECREATION DEPARTMENT BUDGET TO
REFLECT THE APPROPRIATION OF THESE FUNDS
WHEREAS, in 2017, the City of Chula Vista Recreation Department was awarded a
Performing and Visual Arts Grant (“PVAG”), pursuant to the sublease by which Live Nation
funds PVAG grants, in the amount of $5,000; and
WHEREAS, this award helped support the 2017 Music in the Park Summer Concert
series; and
WHEREAS, the City of Chula Vista Recreation Department received a donation from the
Friends of Chula Vista Parks and Recreation in the amount of $4,850; and
WHEREAS, the City of Chula Vista Recreation Department used these donated funds to
support programs such as the 2017 Music in the Park Summer Concert series and 2017 Summer
Movies in the Park series at various locations; and
WHEREAS, the City of Chula Vista Recreation Department has received a donation
from Grace Renewal Church in the amount of $250; and
WHEREAS, the City of Chula Vista Recreation Department used these donated funds to
support the 2017 Summer Movies in the Park series at Veterans Park; and
WHEREAS, the City of Chula Vista Recreation Department received a donation from the
Friends of Chula Vista Parks and Recreation in the amount of $2,000; and
WHEREAS, the City of Chula Vista Recreation Department will use these donated funds
to support program operations at Norman Park Senior Center; and
WHEREAS, the City of Chula Vista Recreation Department has received a donation
from The Cruikshank Trust Agreement in the amount of $100; and
WHEREAS, the City of Chula Vista Recreation Department will use these donated funds
to support the Monday Movies program at Norman Park Senior Center; and
WHEREAS, the City of Chula Vista Recreation Department received a donation from the
Chula Vista Garden Club in the amount of $50; and
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Resolution No. _________
Page 2
WHEREAS, the City of Chula Vista Recreation Department will use these donated funds
to support program operations at Norman Park Senior Center; and
WHEREAS, the City of Chula Vista Recreation Department has received a donation
from local resident and center participant, Marc Wade in the amount of $30; and
WHEREAS, the City of Chula Vista Recreation Department will use these donated funds
to support program operations at Norman Park Senior Center; and
WHEREAS, accordingly, all donated, sponsorship and grant funds will be appropriated
to the Recreation Department’s FY2017/2018 budget.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it hereby accept $12,280 in donations from multiple donors and grantors and
appropriates said funds to the Recreation Department’s budget.
Presented by
Tim Farmer
Parks and Recreation Administrator
Approved as to form by
Glen R. Googins
City Attorney
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City of Chula Vista
Staff Report
File#:18-0068, Item#: 5.
..Title
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RETAINING THE
ADMINISTRATIVE FEE FOR RENT CONTROL SERVICES AT $25 FOR FISCAL YEAR 2018-19 IN
CHAPTER 18 (MOBILEHOMES) OF THE CITY’S MASTER FEE SCHEDULE
RECOMMENDED ACTION
Council conduct the public hearing and adopt the resolution.
SUMMARY
Effective August 18, 2011, the City, under Chula Vista Municipal Code (CVMC) Section 9.50.030,
established an Administrative Fee to be assessed upon all eligible mobilehome residents receiving
benefits and services under CVMC 9.50 (“Chapter 9.50”) - Mobilehome Park Space Rent Review.
Chapter 9.50 requires that the Administrative Fee be established annually by the action of the City
Council. At this time, staff recommends retaining the fee at $25 for fiscal year 2018-19 (“FY 19”).
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 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
The Mobilehome Rent Review Commission received a presentation and voted 5-0 at their April 19,
2018 meeting to recommend approval of the Administrative Fee at $25 for FY19.
DISCUSSION
On July 19, 2011, City Council approved an amendment to Chapter 9.50 - Mobilehome Park Space
Rent Review, establishing an Administrative Fee to provide funding for implementation of the
ordinance. This Ordinance offers unique benefits and services solely to those eligible mobilehome
residents. As part of the annual Administrative Fee update process, staff is reporting out on prior
year revenues and expenditures to establish the amount necessary to recover the costs of
administering Chapter 9.50. This report provides an update on revenues and expenditures for July 1,
2017 - June 30, 2018 and recommends the fee for FY 19.
Fiscal Year 2017-18 (“FY 18”) Projected Revenues and Expenditures
Anticipated revenues for FY 18 were expected to be $52,500 based on 2,100 residents paying the
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Anticipated revenues for FY 18 were expected to be $52,500 based on 2,100 residents paying the
fee set at $25. Actual payments were received from 2,251 eligible spaces for total collected
revenues of $56,275. A fiscal analysis of revenues and projected expenditures is provided in Table 1
with a description of the activities following.
Table 1
FY 201 8
BUDGET SUMMARY
Anticipated
Projected
Revenues:
Collected Revenue
$52,500
$56,275
Fund Balance from Prior Year 7/1/1 7
$187,218
TOTAL RE VENUES
$243,493
Expenditures:
Staff Charges
$30 ,000
$50 ,000
Experts
$0
$0
Administrative/Billing Costs
$4 ,000
$4,000
TOTAL EXPENDITURES
$5 4,000
Projected Surplus/Deficit
$189,493
Staff Charges
Administration of Chapter 9.50 is projected to result in staff charges of $50,000 for FY 18. Staff
provided the following services:
·Ombudsman Activities (Office Visits & Mobilehome Information Line)- Staff responded
bilingually to all inquiries related to Chapter 9.50.
·Resident Invoicing Preparation - A June 1
st billing and/or ineligible notice was sent to all
mobilehome/trailer residents and in August, reminder notices were sent to all residents with a
balance due and to those determined ineligible.
·Fee Collection - Collection and processing of fee payments received.
·Database Maintenance - Maintained the database with current resident information. Fees
associated with reconciling a new financial system and existing database were incurred this
year resulting in higher than expected administrative costs.
·Mobilehome Rent Review Commission (“MHRRC”) Educational Meetings -Provided general
ombudsman related activities to residents and held informational meetings with the MHRRC.
·Annual Permissive Rent Calculations -Twice a year, the Consumer Price Index (CPI) is
released and notification was sent to all park owners and managers of the annual permissive
rate as calculated under Section 9.50.050.
·Rent Review Inquiries/Hearing Administration -Staff coordinated inquiries regarding rental
increases between residents and park management as needed. In November 2017, El
Mirador Trailer Park (32 spaces) initiated a park wide rental increase above the annual
permissive rate. Staff followed procedures required under CVMC 9.50 including attendance at
the mandatory meeting between residents and the park owner. Thirteen residents were
identified as being eligible under rent control and no petitions to the increase were received.City of Chula Vista Printed on 4/26/2018Page 2 of 5
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identified as being eligible under rent control and no petitions to the increase were received.
Residents cited that the park had not increased rents since 2009 and felt some improvements
had been made to the park justifying the proposed increase (12%). Fees associated with this
case were unexpected and contributed to the higher than expected administrative costs.
Experts
While residents at El Mirador Trailer Park received a rent increase above the annual permissive rate,
they did not petition for a hearing before the Mobilehome Rent Review Commission. Therefore, no
rent review hearings or hiring of experts was necessary during FY 18. Funds collected will be
available to appropriate in FY 19 for hiring of experts if a second rent review case is required. The
lack of hearings also resulted in staff time reimbursement savings to the program.
Administrative Costs (Postage, Office Supplies and Printing)
In FY 18, the billing of the administrative fee was contracted out for the second year. Additional
annual administrative costs include CPI notices and publication of this hearing notice were incurred.
Fiscal Year 2018-19 (“FY 19”) Budget and Administrative Fee
Staff recommends the fee be retained at $25 dollars for FY 19 due to the current fund balance and
recent rent review hearing activity. Important factors taken into consideration include:
·Since the ordinance amendments in 2012, no rent review cases have been heard for existing
residents. However, two rent review cases began the process (Rancho Bonita in FY15 and El
Mirador in FY18). In both cases, the rent increases were agreed upon between resident and
owner prior to hearing. Prior to the 2012 amendments, existing resident rent review cases
occurred approximately every other year. Therefore, staff continues to forecast expenditures
with one case every other year.
·Staff costs to administer the fee and rent review services have stabilized. Therefore, a
reduction of approximately $20,000 in staff time has been realized in the past few years.
·Since the fee has been reduced to $30 or less, more residents have been consistently paying.
Therefore, projections are for 2,200 residents to pay this coming year.
Table 2 provides a summary of the FY 19 budget which anticipates one rent review case and a
contingency of $25,000 for expert time related to one additional case, if needed, with an estimated
ending fund balance of $125,493.
Table 2
FY 201 9
BUDGET SU MMARY
Budget
Revenues:
Projected Fund Balance as of 7/1/1 8
$189,493
Anticipated Revenues (2,2 00 @ $25)
$55,00 0
Expenditures:
Staff Charges
$65,000
Experts
$25,000
Administrative/Billing Costs
$4,000
TOTAL ANTICIPATED EXPENDITURES
$94,000
A nticipated Fund Balance as of 6/30/1 9
$150,493
Contingency for Experts
$25,000
Anticipated Surplus/Deficit
$125,493
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Table 2
FY 201 9
BUDGET SU MMARY
Budget
Revenues:
Projected Fund Balance as of 7/1/1 8
$189,493
Anticipated Revenues (2,2 00 @ $25)
$55,00 0
Expenditures:
Staff Charges
$65,000
Experts
$25,000
Administrative/Billing Costs
$4,000
TOTAL ANTICIPATED EXPENDITURES
$94,000
A nticipated Fund Balance as of 6/30/1 9
$150,493
Contingency for Experts
$25,000
Anticipated Surplus/Deficit
$125,493
With the fee at $25, annual revenues alone will not cover costs if heavy administrative costs are
expended in a given year. Therefore, fund balance would then be used to maintain administrative
services. Given current workload and few anticipated cases, staff has projected being able to
maintain the fee for several years at this rate and will make further considerations to changes in the
fee if no cases are heard in the next few years.
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.).
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. Amending the
Administrative fee for Mobilehome Rent Control Services supports Strategy 1.1 of the Operational
Excellence Goal: Uphold a Commitment to Fiscal Health.
CURRENT YEAR FISCAL IMPACT
All staff time and costs to prepare this report were included in the adopted fiscal year 2017-18
budget. No additional appropriation is required.
ONGOING FISCAL IMPACT
Staff time and costs associated with the administration of Chapter 9.50 are anticipated in the
collected fee and will be adopted as part of the fiscal year 2018-19 budget.
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ATTACHMENTS
1. Proposed Chapter 18 of the Master Fee Schedule
Staff Contact: Stacey Kurz, Senior Project Coordinator
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MASTER FEE SCHEDULE FEE BULLETIN
Chapter 18 –Mobilehomes 18-100General Fees
City of Chula Vista Development Services
276 Fourth Avenue, Chula Vista, CA 91910 May 2018
City of Chula Vista www.chulavistaca.gov 619.585.5600
MOBILEHOME PARK SPACE RENT
REVIEW ADMINISTRATIVE FEE
An administrative fee is required of all households
residing in eligible mobilehome spaces to receive
the benefits and services provided in Chapter 9.50
of the Chula Vista Municipal Code, Mobilehome
Park Space Rent Review.
The administrative fee is assessed annually, with
payments due by July 1st. There is a sixty (60) day
grace period that commences on the due date,
within which payments will be accepted.
Annual fee, per mobilehome space...................$25
MOBILEHOME PARK CLOSURE OR
DISCONTINUANCE APPLICATION FEE
Pursuant to Chapter 9.40 of the Chula Vista
Municipal Code, Housing Assistance, prior to any
Mobilehome Park closure or cessation of use an
application must be filed with the City.
Application fee.............................. Full cost recovery
Initial deposit ............................................... $5,000
FULL COST RECOVERY
For all full cost recovery fee items, an initial
deposit shall be collected to cover the City’s full
cost, including overhead, incurred in conjunction
with review and processing as requested by
applicant. Additional funds may be collected, as
required, to cover City costs. Should the
application be withdrawn at any time, the deposit
shall be adjusted to cover the City’s actual costs,
including overhead, up to that time. Any funds
remaining on deposit at the time of the completion
or withdrawal of the application shall be returned
to the depositor, after accounting for expenses
incurred to date.
See Master Fee Schedule Fee Bulletins 1-100 and
1-200 for additional discussion of full cost
recovery and current hourly rates.
ATTACHMENT 1
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RESOLUTION NO. 2018-_____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RETAINING THE ADMINISTRATIVE FEE
FOR RENT CONTROL SERVICES AT $25 FOR FISCAL-
YEAR 2018-19 IN CHAPTER 18 (MOBILEHOMES) OF THE
CITY’S MASTER FEE SCHEDULE
WHEREAS, California State Mobilehome Residency Law allows local jurisdictions to
establish rent control; and
WHEREAS, in 1982, the City adopted Chula Vista Municipal Code Chapter 9.50,
“Mobilehome Park Space – Rent Review,” as allowed by Mobilehome Residency Law, and
amended it to its current state on July 19, 2011; and
WHEREAS, these amendments took effect August 18, 2011 and established an
administrative fee to provide a limited segment of the public, specifically mobilehome residents,
per 9.50.030, the ability to obtain unique services and benefits available to them only under
Chapter 9.50, including, but not limited to, a rent calculation (via the annual permissive and
exceeding the annual permissive) which results in reduced rents and related ombudsman
services; and
WHEREAS, on February 14, 2012 the City adopted “Mobilehome Park Space - Rent
Review Administrative Fee Regulations” establishing a process for determining and collecting
such fee; and
WHEREAS, the proposed fee does not exceed the estimated reasonable cost of providing
the associated services and the fund balance of the fee and estimated revenues for fiscal year
2017-18 are sufficient to warrant maintaining the fee rate at $25 for the coming year; and
WHEREAS, Article XIII C of the California Constitution requires a vote of the electorate
to increase any levy, charge, or exaction imposed by a local government, unless specifically
exempted; and
WHEREAS, pursuant to the provisions of Article XII C, the proposed fees are exempt
from the vote requirement; and
WHEREAS, the proposed amendment to the Master Fee Schedule Chapter 18
(Mobilehomes) shall become effective upon adoption of this Resolution by the City Council.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby accept Chapter 18 (Mobilehomes) of the City’s Master Fee Schedule as
reflected on Exhibit 1 to this Resolution and retains the fee at $25 for Fiscal Year 2018-9.
Presented by:Approved as to form by:
____________________________________________________________
Kelly G. Broughton, FASLA Glen R. Googins
Director of Development Services City Attorney
2018-05-01 Agenda Packet Page 53
MASTER FEE SCHEDULE FEE BULLETIN
Chapter 18 –Mobilehomes 18-100General Fees
City of Chula Vista Development Services
276 Fourth Avenue, Chula Vista, CA 91910 May 2018
City of Chula Vista www.chulavistaca.gov 619.585.5600
MOBILEHOME PARK SPACE RENT
REVIEW ADMINISTRATIVE FEE
An administrative fee is required of all households
residing in eligible mobilehome spaces to receive
the benefits and services provided in Chapter 9.50
of the Chula Vista Municipal Code, Mobilehome
Park Space Rent Review.
The administrative fee is assessed annually, with
payments due by July 1st. There is a sixty (60) day
grace period that commences on the due date,
within which payments will be accepted.
Annual fee, per mobilehome space...................$25
MOBILEHOME PARK CLOSURE OR
DISCONTINUANCE APPLICATION FEE
Pursuant to Chapter 9.40 of the Chula Vista
Municipal Code, Housing Assistance, prior to any
Mobilehome Park closure or cessation of use an
application must be filed with the City.
Application fee.............................. Full cost recovery
Initial deposit ............................................... $5,000
FULL COST RECOVERY
For all full cost recovery fee items, an initial
deposit shall be collected to cover the City’s full
cost, including overhead, incurred in conjunction
with review and processing as requested by
applicant. Additional funds may be collected, as
required, to cover City costs. Should the
application be withdrawn at any time, the deposit
shall be adjusted to cover the City’s actual costs,
including overhead, up to that time. Any funds
remaining on deposit at the time of the completion
or withdrawal of the application shall be returned
to the depositor, after accounting for expenses
incurred to date.
See Master Fee Schedule Fee Bulletins 1-100 and
1-200 for additional discussion of full cost
recovery and current hourly rates.
EXHIBIT 1
2018-05-01 Agenda Packet Page 54
City of Chula Vista
Staff Report
File#:18-0185, Item#: 6.
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING CERTAIN
FINDINGS OF FACT; ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS;
ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM AND CERTIFYING
THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR-17-001; SCH NO. 2016041080) FOR
THE OTAY RANCH PORTION OF VILLAGE FOUR SECTIONAL PLANNING AREA PLAN,
GENERAL DEVELOPMENT PLAN AMENDMENT AND TENTATIVE MAP PURSUANT TO
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING
AMENDMENTS TO THE OTAY RANCH GENERAL DEVELOPMENT PLAN TO REFLECT
LAND USE AND POLICY CHANGES FOR APPROXIMATELY 166 ACRES WITHIN THE
OTAY RANCH PLANNED COMMUNITY, INCLUDING ASSOCIATED TEXT, MAPS AND
TABLES
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A NEW
PORTION OF VILLAGE FOUR SECTIONAL PLANNING AREA (SPA) PLAN, AND
ASSOCIATED REGULATORY DOCUMENTS
D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING
TENTATIVE MAP CVT-15-03 (PCS15-03) FOR THE PORTION OF VILLAGE FOUR
PROJECT, SUBJECT TO THE CONDITIONS CONTAINED HEREIN
E. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING THE SECTIONAL PLANNING
AREA (SPA) PLANNED COMMUNITY DISTRICT REGULATIONS FOR OTAY RANCH
PORTION OF VILLAGE FOUR (FIRST READING)
(This item has been continued to the May 15, 2018 City Council Meeting.)
City of Chula Vista Printed on 4/26/2018Page 1 of 1
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