HomeMy WebLinkAboutAgenda Packet 2018_10_23October 23, 2018City Council Agenda
CONSENT CALENDAR (Items 1 - 6)
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 May 15, and 22, 2018.18-04761.18-0476
Council approve the minutes. Recommended Action:
A. ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING VARIOUS SECTIONS OF TITLE 19 “PLANNING
AND ZONING” OF THE CITY OF CHULA VISTA MUNICIPAL
CODE TO ADDRESS COMPLIANCE WITH STATE LAWS
GOVERNING SUPPORTIVE RESIDENTIAL USES, AS
DEFINED IN CHAPTER 19.04 “DEFINITIONS,” AND FOUND
IN CHAPTERS 19.14 “ADMINISTRATIVE PROCEDURES -
PERMITS - APPLICATIONS - HEARINGS - APPEALS,” 19.16
“EXCEPTIONS AND MODIFICATIONS,” 19.20
“AGRICULTURAL ZONE,” 19.28 “R-3 - APARTMENT
RESIDENTIAL ZONE,” 19.38 “C-V - VISITOR COMMERCIAL
ZONE,” 19.40 “C-T - THOROUGHFARE COMMERCIAL
ZONE,” 19.44 “I-L - LIMITED INDUSTRIAL ZONE,” 19.48
“P-C - PLANNED COMMUNITY ZONE,” 19.54
“UNCLASSIFIED USES,” 19.58 “USES,” AND 19.62
“OFF-STREET PARKING AND LOADING” TO DEFINE AND
ESTABLISH PROCEDURES TO PERMIT EMERGENCY
SHELTERS, SINGLE ROOM OCCUPANCY RESIDENCES,
TRANSITIONAL AND SUPPORTIVE HOUSING, QUALIFIED
EMPLOYEE HOUSING, AND RESIDENTIAL FACILITIES
(SECOND READING AND ADOPTION)
B. ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER
15.20 “HOUSING CODE” TO DEFINE SINGLE ROOM
OCCUPANCY RESIDENCES, TO REDEFINE
HOTEL/MOTEL, AND TO REQUIRE AN ANNUAL HOUSING
PERMIT FOR SINGLE ROOM OCCUPANCY RESIDENCES
(SECOND READING AND ADOPTION)
18-04952.18-0495
Development Services Department Department:
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October 23, 2018City Council Agenda
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 ordinances. Recommended Action:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE SUBMITTAL OF AN
APPLICATION FOR THE CALRECYCLE RUBBERIZED
PAVEMENT GRANT PROGRAM FOR FISCAL YEAR
2018-2019, AUTHORIZING THE DIRECTOR OF
ENGINEERING AND CAPITAL PROJECTS OR HIS
DESIGNEE TO SECURE GRANT FUNDS AND IMPLEMENT
THE APPROVED GRANT PROJECT FOR A PERIOD OF
THREE YEARS
18-04043.18-0404
Engineering Department Department:
The 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. Recommended Action:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AUTHORIZING THE PURCHASE OF
ELECTRIC VEHICLES FROM NATIONAL AUTO FLEET
GROUP IN ACCORDANCE WITH SOURCEWELL
CONTRACT NUMBER 120716-NAF THROUGH THE
CLIMATE MAYORS ELECTRIC VEHICLE PURCHASING
PROGRAM IN AN AMOUNT NOT-TO-EXCEED TWO
MILLION DOLLARS ($2,000,000) THROUGH THE TERM OF
THE CONTRACT (JANUARY 2021)
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AUTHORIZING THE PURCHASE OF
HEAVY-DUTY AND SPECIALIZED VEHICLES FROM
NATIONAL AUTO FLEET GROUP IN ACCORDANCE WITH
SOURCEWELL CONTRACT NUMBER 081716-NAF IN AN
AMOUNT NOT-TO-EXCEED FOUR MILLION FIVE
HUNDRED THOUSAND DOLLARS ($4,500,000) THROUGH
THE TERM OF THE CONTRACT (NOVEMBER 2020)
18-04364.18-0436
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C. RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING A 2-YEAR LEASE
PURCHASE AGREEMENT WITH NATIONAL
COOPERATIVE LEASING IN ACCORDANCE WITH
SOURCEWELL CONTRACT NUMBER 032615-NCL FOR
THE ACQUISITION OF THIRTY-FOUR ELECTRIC
VEHICLES AND AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE THE FINAL PURCHASE AND
LEASE AGREEMENT
Public Works 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 resolutions. Recommended Action:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
C HULA VISTA ACCEPTING $18,500 FROM THE
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
AND APPROPRIATING SAID FUNDS TO THE POLICE
GRANTS SECTION OF THE STATE GRANTS FUND (4/5
VOTE REQUIRED)
18-04745.18-0474
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. Recommended Action:
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October 23, 2018City Council Agenda
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE CHAPTER 2.63 -
“MEASURE A” CITIZENS’ OVERSIGHT COMMITTEE TO
ADD ONE DESIGNATED MEMBER FROM THE CHULA
VISTA MIDDLE MANAGEMENT/PROFESSIONAL
(MM/PROF) EMPLOYEE GROUP (FIRST READING)
18-04976.18-0497
City Manager Department:
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.
Environmental Notice:
Council place the ordinance on first reading. Recommended Action:
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.
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.
REPORT TO THE CHULA VISTA CITY COUNCIL
UPDATING THE CITY OPERATIONS SUSTAINABILITY
PLAN IMPLEMENTATION EFFORTS
18-02697.18-0269
Economic Development 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. In addition, notwithstanding the foregoing, the
“Project” also qualifies for an Exemption pursuant to Section 15061(b)
(3) of the California Environmental Quality Act State Guidelines.
Environmental Notice:
Council hear the report. Recommended Action:
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October 23, 2018City Council Agenda
CITY MANAGER’S REPORTS
MAYOR’S REPORTS
COUNCILMEMBERS’ COMMENTS
COUNCILMEMBER AGUILAR:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA IN SUPPORT OF PREVENTING GUN
VIOLENCE
18-04988.18-0498
Council adopt the resolution. Recommended Action:
CITY ATTORNEY'S REPORTS
Report on City options for participation in the defense of
SB54, and related state law enactments, in the case of the
United States v. the State of California (Case No.
2:18-cv-00490-JAM-KJN), and possible City Council action
regarding same.
18-04969.18-0496
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 REGARDING
EXISTING LITIGATION PURSUANT TO GOVERNMENT
CODE SECTION 54956.9 (d)(1)
Name of case: Yolanda Sanchez v. City of Chula Vista, et al.,
San Diego Superior Court, Case No. 37-2017-35896
-CU-PA-CTL
18-049110.18-0491
ADJOURNMENT
to the regular City Council meeting on November 13, 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.
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October 23, 2018City Council Agenda
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.
Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are
published online.
NOTICE OF REVIEW AND PENDING APPROVAL OF FINAL MAP
In accordance with California Government Code Section 66458(d), notice is hereby given that
the City Engineer has reviewed and, immediately following this City Council meeting of October
23, 2018, will approve the following final map:
Chula Vista Tract No. 09-03 Otay Ranch Millenia Shopping Center Phase 1 (WO No. EP437)
Specifically, the City Engineer has caused the map to be examined and has made the following
findings:
(1) The map substantially conforms to the approved tentative map, and any approved alterations
thereof and any conditions of approval imposed with said tentative map.
(2) The map complies with the provisions of the Subdivision Map Act and any local ordinances
applicable at the time of approval of the tentative map.
(3) The map is technically correct.
Said map will be finalized and recorded, unless an interested party files a valid appeal of the City
Engineer’s action to City Council no later than 2:00 p.m., 10 calendar days from the date of this
City Council meeting. A valid appeal must identify the improper/incorrect finding and the basis
for such conclusion.
If you have any questions about the map approval findings or need additional information about
the map or your appeal rights, please feel free to contact Boushra Salem, Principal Civil
Engineer at (619) 409-5483, or at bsalem@chulavistaca.gov
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City of Chula Vista
Meeting Minutes - Draft
5:00 PM Council Chambers
276 4th Avenue, Building A
Chula Vista, CA 91910
Tuesday, May 15, 2018
SPECIAL MEETING OF THE HOUSING AUTHORITY
MEETING JOINTLY WITH THE CITY COUNCIL OF THE CITY OF CHULA VISTA
CALL TO ORDER
A regular meeting of the City Council and a special meeting of the Housing Authority of the City of Chula
Vista were called to order at 5:03 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue,
Chula Vista, California.
Mayor Casillas Salas announced, pursuant to AB 23, that she and each Councilmember would receive $50
for their attendance at that Housing Authority meeting, which was held simultaneously with the City Council
meeting.
ROLL CALL:
Present:Deputy Mayor Diaz, Councilmember McCann, Councilmember Padilla and Mayor
Casillas Salas
Excused:Councilmember Aguilar
Also Present: City Manager Halbert, City Attorney Googins, City Clerk Bigelow, and Deputy City Clerk
Larrarte
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Deputy Mayor Diaz led the Pledge of Allegiance.
SPECIAL ORDERS OF THE DAY
A.18-0192 PRESENTATION OF A PROCLAMATION TO CHIEF OF POLICE
ROXANA KENNEDY PROCLAIMING TUESDAY, MAY 15, 2018 AS
NATIONAL PEACE OFFICERS MEMORIAL DAY IN THE CITY OF
CHULA VISTA
Mayor Casillas Salas read the proclamation and Councilmember Padilla presented the proclamation to
Chief Kennedy.
B.18-0194 PRESENTATION OF A PROCLAMATION PROCLAIMING MAY 2018
NATIONAL BIKE MONTH IN THE CITY OF CHULA VISTA
Mayor Casillas Salas read the proclamation and Councilmember McCann presented the proclamation to
Senior Civil Engineer Rivera.
C.18-0197 PRESENTATION REGARDING TEDx CHULA VISTA BY LINCOLN
ANTWON LORMEN, CHULA VISTA ELEMENTARY SCHOOL
Cultural Arts Program Manager Tessitore and Chula Vista Elementary School District Technology
Coordinator Lincoln Antwon Lormen gave the presentation.
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May 15, 2018City Council Meeting Minutes - Draft
D.18-0199 PRESENTATION REGARDING THE SAN DIEGO AIRPORT AUTHORITY
BY IMPERIAL BEACH COUNCILMEMBER MARK WEST
Imperial Beach Councilmember Mark West gave the presentation.
CONSENT CALENDAR (Items 1 - 14)
Mayor Casillas Salas stated she would be abstaining from voting on Item #4 due to a potential
property-related conflict of interest. City Attorney Googins announced that a revised resolution for Item 10
had been distributed to the Council and that action on the item would be with respect to the revised
document.
1.18-0170 APPROVAL OF MINUTES of January 16 and 23, 2018.
Recommended Action: Council approve the minutes.
2.18-0210 WRITTEN COMMUNICATIONS
Letter of resignation from Thomas Doyle, Citizens’ Oversight Committee
Recommended Action: Council accept the resignation.
3.17-0554 RESOLUTION NO. 2018-068 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENTS WITH IBI GROUP, INC.,
ITERIS, INC., KIMLEY-HORN AND ASSOCIATES, INC., AND STC
TRAFFIC, INC. TO PROVIDE ON-CALL TRAFFIC ENGINEERING &
INTELLIGENT TRANSPORTATION SYSTEMS (ITS) CONSULTING
SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROGRAM
PROJECTS AND OTHER CITY PROJECTS
Recommended Action: Council adopt the resolution.
4.18-0156 RESOLUTION NO. 2018-069 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE GRANT APPLICATION FOR THE
SMART GROWTH INCENTIVE PROGRAM - CYCLE 4 THROUGH THE
SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR PHASE 3 OF
THE THIRD AVENUE STREETSCAPE PROJECT FROM F STREET TO
E STREET, AND STATING THE CITY’S ASSURANCE TO COMPLETE
THE PROJECT
Recommended Action: Council adopt the resolution.
5.18-0147 RESOLUTION NO. 2018-070 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR
“TRAFFIC SIGNAL SYSTEM IMPROVEMENTS ALONG EAST H
STREET, OTAY LAKES ROAD, AND TELEGRAPH CANYON ROAD
FOR CAPITAL IMPROVEMENT PROJECT (CIP) TRF0389” TO SELECT
ELECTRIC INC. IN THE AMOUNT OF $584,557; AND APPROPRIATING
$220,000 FROM THE AVAILABLE BALANCE OF THE
TRANSPORTATION DEVELOPMENT IMPACT FEE (TDIF) FUND TO
TRF0389 (4/5 VOTE REQUIRED)
Recommended Action: Council adopt the resolution.
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6.18-0166 RESOLUTION NO. 2018-071 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING VARIOUS AMENDMENTS TO THE FISCAL
YEAR 2017-2018 CAPITAL IMPROVEMENT PROGRAM BUDGETS
AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)
Recommended Action: Council adopt the resolution.
7.18-0042 RESOLUTION NO. 2018-072 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING THE SUMMARY VACATION OF AN
IRREVOCABLE OFFER OF DEDICATION FOR PUBLIC PARK
PURPOSES OF A PORTION OF LOT “A” PER FINAL MAP NO. 16094,
CHULA VISTA TRACT NO. 11-05, OTAY RANCH VILLAGE 2 NORTH
NEIGHBORHOOD R-10B/PIPELINE (“V2N”)
Recommended Action: Council adopt the resolution.
8.18-0142 A. RESOLUTION NO. 2018-073 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING A JOINT USE AGREEMENT BETWEEN
THE CITY OF SAN DIEGO AND THE CITY OF CHULA VISTA FOR THE
COLOCATION OF A CITY OF SAN DIEGO WATERLINE WITHIN THE
JOINT USE AREA LOCATED IN PORTIONS OF SANTA DIANA ROAD,
SANTA VICTORIA ROAD AND THE FUTURE ORTEGA STREET IN THE
OTAY RANCH VILLAGE 2 COMMUNITY AND AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE THE AGREEMENT
B. RESOLUTION NO. 2018-074 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING A JOINT USE AGREEMENT BETWEEN
THE CITY OF SAN DIEGO AND THE CITY OF CHULA VISTA FOR THE
COLOCATION OF A CITY OF SAN DIEGO WATERLINE WITHIN THE
JOINT USE AREA LOCATED IN PORTIONS OF OLYMPIC PARKWAY,
LA MEDIA ROAD, OTAY VALLEY ROAD AND ALL TO BE
CONSTRUCTED AND NAMED STREETS IN THE OTAY RANCH
VILLAGE 2, VILLAGE 8 WEST, AND VILLAGE 9 COMMUNITIES AND
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
THE AGREEMENT
Recommended Action: Council adopt the resolutions.
9.18-0153 RESOLUTION NO. 2018-075 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE 2018/19 U.S. DEPT. OF HOUSING
AND URBAN DEVELOPMENT ANNUAL ACTION PLAN FOR THE
COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT
PARTNERSHIPS ACT GRANT AND THE EMERGENCY SOLUTIONS
GRANT; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE AGREEMENTS WITH EACH SUBRECIPIENT; AND
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
ANY AND ALL HUD DOCUMENTS RELATED TO THE GRANTS
Recommended Action: Council adopt the resolution.
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10.18-0186 RESOLUTION NO. 2018-076 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AND HA NO. 2018-002 OF THE HOUSING AUTHORITY
(IN ITS CAPACITY AS THE SUCCESSOR HOUSING ENTITY) (1)
APPROVING A LOAN OF UP TO $858,740 FOR LAND ACQUISITION
AND PRE-DEVELOPMENT EXPENSES AND $1,036,425 FOR
CONSTRUCTION-RELATED COSTS USING HOME INVESTMENT
PARTNERSHIP ACT FUNDS FROM THE UNITED STATES
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO
WAKELAND HOUSING AND DEVELOPMENT CORPORATION OR AN
AFFILIATED DEVELOPMENT ENTITY ("DEVELOPER") FOR A NEW
DEVELOPMENT TO BE LOCATED AT 748, 750-752, AND 754-760
ANITA STREET; (2) AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO NEGOTIATE A FIRST AMENDMENT TO THE EXISTING
LOAN DOCUMENTS FOR 750-752 AND 754-760 ANITA STREET TO
INCORPORATE 748 ANITA STREET, AND EXECUTE ALL
DOCUMENTS RELATED TO THE LOAN AND THE ACQUISITION AND
DEVELOPMENT OF THE ADDITIONAL SITE; (3) AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE AND EXECUTE
ALL HOME INVESTMENT PARTNERSHIP ACT DOCUMENTS
RELATED TO THE HOME LOAN; AND (4) APPROPRIATING FUNDS IN
THE 2017/2018 BUDGET THEREFOR (4/5 VOTE REQUIRED)
Recommended Action: Council/Authority adopt the resolution.
11.18-0177 RESOLUTION NO. 2018-077 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING $155,967 FROM THE U.S. DEPARTMENT
OF HOMELAND SECURITY AND APPROPRIATING $77,983 TO THE
POLICE GRANTS SECTION OF THE FEDERAL GRANTS FUND FOR
THE STATE HOMELAND SECURITY PROGRAM (4/5 VOTE REQUIRED)
Recommended Action: Council adopt the resolution.
12.18-0178 RESOLUTION NO. 2018-078 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING $6,007 FROM THE CALIFORNIA
GOVERNOR’S OFFICE OF EMERGENCY SERVICES AND
APPROPRIATING SAID FUNDS TO THE POLICE GRANTS SECTION
OF THE FEDERAL GRANTS FUND FOR THE COVERDELL FORENSIC
SCIENCE IMPROVEMENT PROGRAM (4/5 VOTE REQUIRED)
Recommended Action: Council adopt the resolution.
13.18-0179 RESOLUTION NO. 2018-079 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING $225,000 FROM THE U.S. DEPARTMENT
OF HOMELAND SECURITY AND APPROPRIATING $25,363 TO THE
POLICE GRANTS SECTIONS OF THE FEDERAL GRANT FUND FOR
OPERATION STONEGARDEN (4/5 VOTE REQUIRED)
Recommended Action: Council adopt the resolution.
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14.18-0180 RESOLUTION NO. 2018-080 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING $81,378 FROM THE COUNTY OF SAN
DIEGO AND APPROPRIATING SAID FUNDS TO THE POLICE GRANTS
SECTIONS OF THE FEDERAL GRANTS FUND FOR REALIGNMENT
RESPONSE EFFORTS (4/5 VOTE REQUIRED)
Recommended Action: Council adopt the resolution.
Approval of the Consent Calendar
A motion was made by Councilmember McCann, seconded by Deputy Mayor
Diaz, to approve staff's recommendations on the above Consent Calendar items,
headings read, text waived. The motion carried by the following vote:
Items 1 through 3 and Items 5 through 14:
ACTION:
Yes:Diaz, McCann, Padilla and Casillas Salas4 -
No:0
Abstain:0
Item 4:ACTION:
Yes:Diaz, McCann and Padilla3 -
No:0
Abstain:Casillas Salas1 -
ITEMS REMOVED FROM THE CONSENT CALENDAR
There were none.
PUBLIC COMMENTS
The following members of the public spoke regarding the need for alleyway improvements:
-Jack Kuta, Chula Vista resident, representing the Rancho Rios Homeowners Association
-Luis Ramos, Chula Vista resident, and he also spoke regarding safety concerns for travelers on Main
Street
Randy Epstein, Chula Vista resident, representing Crossroads, spoke in support of commercial and
industrial development in Chula Vista.
William Howard, Chula Vista resident, spoke regarding food truck vendors and the lack of public
restrooms.
PUBLIC HEARINGS
15.18-0191 RESOLUTION OF NECESSITY NO. 2018-081 OF THE CITY OF CHULA
VISTA TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN
REAL PROPERTY BY EMINENT DOMAIN FOR THE FIRE STATION 9
REPLACEMENT PROJECT -- LOCATED AT 1095 ALPINE AVENUE
(4/5 VOTE REQUIRED)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the
date and no earlier than the time specified in the notice.
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Real Property Manager Ryals and Fire Chief Geering gave the presentation.
Mayor Casillas Salas opened the public hearing.
William Best, Chula Vista resident, spoke in opposition to staff's recommendation.
Staff responded to comments by Mr. Best.
Outside Counsel Scott Noya and Chief Muns spoke regarding the item.
There being no further members of the public who wished to speak, Mayor Casillas Salas closed the
public hearing.
Council discussion ensued.
A motion was made by Deputy Mayor Diaz, seconded by Mayor Casillas Salas, to
adopt Resolution No. 2018-081, heading read, text waived. The motion carried by
the following vote:
ACTION:
Yes:Diaz, McCann, Padilla and Casillas Salas4 -
No:0
Abstain:0
16.18-0075 A. RESOLUTION NO. 2018-082 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING THE ISSUANCE, SALE AND DELIVERY
OF MULTI-FAMILY HOUSING REVENUE BONDS OF THE CHULA VISTA
HOUSING AUTHORITY FOR TROLLEY TERRACE AND CORDOVA
VILLAGE AFFORDABLE APARTMENTS
B. RESOLUTION NO. 2018-003 OF THE CHULA VISTA HOUSING
AUTHORITY REGARDING ITS INTENTION TO ISSUE TAX-EXEMPT
OBLIGATIONS FOR A PROPOSED ACQUISITION AND
REHABILITATION OF EXISTING AFFORDABLE UNITS AT TROLLEY
TERRACE AND CORDOVA VILLAGE AFFORDABLE APARTMENTS
Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the
date and no earlier than the time specified in the notice.
Housing Manager Hines gave the presentation.
Mayor Casillas Salas opened the public hearing.
There being no members of the public who wished to speak, Mayor Casillas Salas closed the public
hearing.
A motion was made by Councilmember McCann, seconded by Councilmember
Padilla, to adopt Council Resolution No. 2018-082 and Housing Authority
Resolution No. 2018-003, headings read, text waived. The motion carried by the
following vote:
ACTION:
Yes:Diaz, McCann, Padilla and Casillas Salas4 -
No:0
Abstain:0
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17.18-0145 A. RESOLUTION NO. 2018-083 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 NO. 2018-084 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 NO. 2018-085 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 NO. 2018-086 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 IN THE RESOLUTION
E. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING THE
SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY
DISTRICT REGULATIONS FOR THE OTAY RANCH PORTION OF
VILLAGE FOUR (FIRST READING)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the
date and no earlier than the time specified in the notice.
Associate Planner Steichen gave the presentation.
Mayor Casillas Salas opened the public hearing.
Marcela Escobar-Eck, representing Atlantis Group Land Use Consultants, spoke in support of staff's
recommendation.
The Mayor stated the following individuals were available to answer questions:
-Chuck Miller, representing Dansk
-Heather Riley, representing Allen Matkins Law Firm
-Brian Grover, representing Dudek Consulting
-Andrew Talbot, representing Dudek Consulting
-Kathi Riser, representing Atlantis Group Land Use Consultants
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May 15, 2018City Council Meeting Minutes - Draft
-Katy Cole, representing Fehr & Peers
-Dan Rehm, representing Hunsaker & Associates
There being no further members of the public who wished to speak, Mayor Casillas Salas closed the
public hearing.
A motion was made by Councilmember Padilla, seconded by Councilmember
McCann, to adopt Resolution No. 2018-083, heading read, text waived. The
motion carried by the following vote:
ACTION:
Yes:Diaz, McCann, Padilla and Casillas Salas4 -
No:0
Abstain:0
A motion was made by Councilmember Padilla, seconded by Councilmember
McCann, to adopt Resolution Nos. 2018-084, 2018-085, and 2018-086, and place the
above ordinance (Item 17E) on first reading, headings read, text waived. The
motion carried by the following vote:
ACTION:
Yes:Diaz, McCann, Padilla and Casillas Salas4 -
No:0
Abstain:0
ACTION ITEMS
18.18-0062 RESOLUTION NO. 2018-087 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY
OF COMMUNITY FACILITIES DISTRICT NO. 16-I (MILLENIA),
AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF SPECIAL
TAX BONDS FOR IMPROVEMENT AREA NO. 1 OF SUCH COMMUNITY
FACILITIES DISTRICT, APPROVING THE FORM OF BOND INDENTURE,
BOND PURCHASE AGREEMENT, PRELIMINARY OFFICIAL
STATEMENT AND OTHER DOCUMENTS RELATED THERETO AND
AUTHORIZING CERTAIN ACTIONS IN CONNECTION WITH THE
ISSUANCE OF SUCH BONDS
A motion was made by Mayor Casillas Salas, seconded by Councilmember
McCann, to adopt Resolution No. 2018-087, heading read, text waived. The
motion carried by the following vote:
ACTION:
Yes:Diaz, McCann, Padilla and Casillas Salas4 -
No:0
Abstain:0
CITY MANAGER’S REPORTS
City Manager Halbert gave an update on the Bayfront development.
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May 15, 2018City Council Meeting Minutes - Draft
MAYOR’S REPORTS
Mayor Casillas Salas thanked the Youth Sports Council for replacing the irrigation heads at Rohr Park.
She spoke regarding the following recent events: the re-opening of the Len Moore Skate Park, the 2nd
annual Neighbor Day event, a drone testing conference, and she stated that the City was designated by
the Department of Transportation as one of 10 cities to test drones. She congratulated the Chula Vista fire
fighter graduates and reported on the Atlantic Lake Leadership Group where she spoke on a panel
regarding technology.
COUNCILMEMBERS’ COMMENTS
Councilmember Padilla spoke regarding the recent community dialogue on public safety. He reported that
the California Coastal Commission would be meeting in Chula Vista in June. He wished Francisco Estrada
and Albert Velasquez a happy birthday.
Mayor wished Deputy Mayor Diaz a happy birthday.
Councilmember McCann thanked Police Chief Kennedy and the officers who attended Coffee with a Cop.
He reported his attendance at the following: the grand re-opening of the Len Moore Skate Park, Eastlake
Cycle, a public safety staffing forum for District 1, the recent fire fighter graduation ceremony, and an
Eagle Scout Ceremony.
CITY ATTORNEY'S REPORTS
City Attorney Googins provided an update on the status of the litigation regarding Tijuana River sewage.
Mayor Casillas Salas congratulated staff on their work toward Chula Vista being awarded grant funding to
support the City’s services.
ADJOURNMENT
At 6:49 p.m., the meeting was adjourned to the Regular City Council Meeting on May 22, 2018, at 5:00
p.m., in the Council Chambers.
_______________________________
Kerry K. Bigelow, MMC, City Clerk
Page 9City of Chula Vista
2018-10-23 Agenda Packet Page 16
City of Chula Vista
Meeting Minutes - Draft
5:00 PM Council Chambers
276 4th Avenue, Building A
Chula Vista, CA 91910
Tuesday, May 22, 2018
SPECIAL MEETINGS OF THE
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
AND HOUSING AUTHORITY MEETING JOINTLY WITH THE CITY COUNCIL OF THE CITY
OF CHULA VISTA
CALL TO ORDER
A regular meeting of the City Council and special meetings of the Successor Agency to the
Redevelopment Agency and Housing Authority of the City of Chula Vista were called to order at 5:05 p.m.
in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
Present:Councilmember Aguilar, Deputy Mayor Diaz, Councilmember McCann, Councilmember
Padilla and Mayor Casillas Salas
Also Present: City Manager Halbert, City Attorney Googins, City Clerk Bigelow, and Deputy City Clerk
Kansas
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Deputy Mayor Diaz led the Pledge of Allegiance. Mayor Casillas Salas called for a moment of silence to
honor the victims of the shooting in Santa Fe, Texas.
SPECIAL ORDERS OF THE DAY
A.18-0133 PRESENTATION OF THE THIS IS CHULA IMAGE ADVERTISING
CAMPAIGN PHASE II BY MARKETING AND COMMUNICATIONS
MANAGER ANNE STEINBERGER AND NV5 ACCOUNT MANAGER
GABRIELA DOW
Marketing and Communications Manager Steinberger and Gabriela Dow, representing NV5, gave a
presentation on the item.
B.18-0208 PRESENTATION OF A PROCLAMATION TO AQUATICS SUPERVISOR
KARINA CRAIG AND FIRE CAPTAIN MIKE FILSON PROCLAIMING MAY
2018 AS DROWNING PREVENTION MONTH IN THE CITY OF CHULA
VISTA
Mayor Casillas Salas read the proclamation and Deputy Mayor Diaz presented it to Aquatics Supervisor
Craig and Fire Captain Filson. Fire Chief Geering expressed appreciation to staff and announced that
Captain Filson had received the Nicholas Rosecrans award.
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May 22, 2018City Council Meeting Minutes - Draft
C.18-0214 PRESENTATION OF A PROCLAMATION TO THE SHARP CHULA
VISTA BARNHART CANCER CENTER PROCLAIMING SUNDAY, JUNE
3, 2018 AS NATIONAL CANCER SURVIVORS DAY IN THE CITY OF
CHULA VISTA
Mayor Casillas Salas read the proclamation, she and Councilmembers distributed City of Champion
medals to cancer survivors.
CONSENT CALENDAR (Items 1 - 6)
1.18-0207 APPROVAL OF MINUTES of February 6 and 13, 2018.
Recommended Action: Council approve the minutes.
2.18-0218 WRITTEN COMMUNICATIONS
Letters of resignation from Ruth Serrato, International Friendship
Commission and Tony Stewart, Veteran’s Advisory Commission
Recommended Action: Council accept the resignations.
3.18-0219 ORDINANCE NO. 3426 OF THE CITY OF CHULA VISTA APPROVING
THE SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY
DISTRICT REGULATIONS FOR THE OTAY RANCH PORTION OF
VILLAGE FOUR (SECOND READING AND ADOPTION)
Recommended Action: Council adopt the ordinance.
4.18-0085 RESOLUTION NO. 2018-088 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FOURTH AMENDMENT TO A
MEMORANDUM OF UNDERSTANDING WITH THE SAN DIEGO
ASSOCIATION OF GOVERNMENTS (SANDAG) REGARDING AN
ENVIRONMENTAL DOCUMENT FOR GRADE SEPARATIONS AND
STATIONS TO THE LIGHT RAIL TROLLEY’S BLUE LINE
Recommended Action: Council adopt the resolution.
5.18-0196 RESOLUTION NO. 2018-089 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN APPLICATION FOR GRANT FUNDS
FROM THE COUNTY OF SAN DIEGO NEIGHBORHOOD
REINVESTMENT PROGRAM FOR THE BAYSHORE BIKEWAY
CANVASES OF CREATIVITY MURAL PROJECT
Recommended Action: Council adopt the resolution.
Page 2City of Chula Vista
2018-10-23 Agenda Packet Page 18
May 22, 2018City Council Meeting Minutes - Draft
6.18-0201 A. RESOLUTION NO. 2018-090 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ACKNOWLEDGING RECEIPT OF COUNCIL POLICY
NO. 220.01, THE CITY OF CHULA VISTA INVESTMENT POLICY AND
GUIDELINES; AMENDING THE EXISTING POLICY; AND DELEGATING
INVESTMENT ACTIVITY AUTHORITY TO THE DIRECTOR OF
FINANCE/TREASURER
B. INVESTMENT REPORT FOR THE QUARTER ENDED MARCH 31,
2018
Recommended Action: Council adopt the resolution and accept the report.
Approval of the Consent Calendar
A motion was made by Mayor Casillas Salas, seconded by Deputy Mayor Diaz, to
approve staff's recommendations on the above Consent Calendar items,
headings read, text waived. The motion carried by the following vote:
ACTION:
Yes:Aguilar, Diaz, McCann, Padilla and Casillas Salas5 -
No:0
Abstain:0
ITEMS REMOVED FROM THE CONSENT CALENDAR
There were none.
PUBLIC COMMENTS
Shaunna Humiston, Chula Vista resident, spoke in opposition to commercialization of marijuana.
Teri Stewart, Chula Vista resident, spoke in opposition to commercialization of marijuana.
ACTION ITEMS
7.18-0203 PRESENTATION OF THE CITY MANAGER’S PROPOSED BUDGET
FOR FISCAL YEAR 2018/2019
RESOLUTION OF THE CITY COUNCIL NO. 2018-091 / SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY NO. 2018-001 /
HOUSING AUTHORITY NO. 2018-004 OF THE CITY OF CHULA VISTA
ACCEPTING THE CITY MANAGER’S PROPOSED OPERATING AND
CAPITAL IMPROVEMENT BUDGETS FOR FISCAL YEAR 2018/2019
FOR EACH AGENCY AS THEIR PROPOSED BUDGETS,
RESPECTIVELY, AND SETTING THE TIME AND PLACE FOR A PUBLIC
HEARING FOR FINAL CONSIDERATION AND ADOPTION OF SAME
Director of Finance/Treasurer Bilby, Budget and Analysis Manager Prendell, and Administrative Services
Manager Beamon presented the item and answered questions of Council.
Carolyn Scofield, Chula Vista resident, representing Partners in Courage, spoke in support of staff's
recommendation.
Page 3City of Chula Vista
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May 22, 2018City Council Meeting Minutes - Draft
Sebastian Sarria, representing Climate Action Campaign, spoke in support of staff's recommendation.
A motion was made by Mayor Casillas Salas, seconded by Councilmember
McCann, to adopt City Council Resolution No. 2018-091/Successor Agency
Resolution No. 2018-001/Housing Authority Resolution No. 2018-004 and set the
public hearing date for June 12, 2018. Heading read, text waived. The motion
carried by the following vote:
ACTION:
Yes:Aguilar, Diaz, McCann, Padilla and Casillas Salas5 -
No:0
Abstain:0
Mayor Casillas Salas recessed the meeting at 6:53 p.m. The Council reconvened at 6:58 p.m., with all
members present.
CITY MANAGER’S REPORTS
8.18-0220 REPORT REGARDING STATUS OF EXCLUSIVE NEGOTIATING
AGREEMENT (ENA) WITH THE UNIVERSITY OF SAINT KATHERINE
AND REQUEST FOR INPUT FROM CITY COUNCIL ON CITY MANGER’S
PENDING NINETY (90) DAY EXTENSION OF THE ENA
City Manager Halbert spoke regarding the item.
There was a consensus of Council to extend the term of the Exclusive Negotiating Agreement with
University of Saint Katherine for an additional 90-day period.
MAYOR’S REPORTS
9.18-0223 RESOLUTION NO. 2018-092 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA OPPOSING THE TAX FAIRNESS, TRANSPARENCY
AND ACCOUNTABILITY ACT OF 2018
Mayor Casillas Salas spoke regarding the item.
A motion was made by Councilmember Padilla, seconded by Councilmember
Aguilar, to adopt Resolution No. 2018-092, heading read, text waived. The motion
carried by the following vote:
ACTION:
Yes:Aguilar, Diaz, Padilla and Casillas Salas4 -
No:McCann1 -
Abstain:0
Page 4City of Chula Vista
2018-10-23 Agenda Packet Page 20
May 22, 2018City Council Meeting Minutes - Draft
10.18-0224 RESOLUTION NO. 2018-093 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA OPPOSING NEW OR EXPANDED OFFSHORE OIL AND
GAS LEASES IN THE PACIFIC OCEAN AND SUPPORTING RELATED
MEASURES TO PROHIBIT THE DISCHARGE OF POLLUTANTS INTO
THE OCEAN
Mayor Casillas Salas presented the item.
Raechel and Amane Kadoya, Chula Vista residents, representing Oceana and Olympian High School ECO
Club, spoke in support of adopting the resolution.
A motion was made by Councilmember Padilla, seconded by Councilmember
McCann, to adopt Resolution No. 2018-093, heading read, text waived. The
motion carried by the following vote:
ACTION:
Yes:Aguilar, McCann, Padilla and Casillas Salas4 -
No:0
Abstain:Diaz1 -
Mayor Casillas Salas reported on her attendance at the following events: Teen Police Academy, Dr.
Kindred Murillo's first annual President's Breakfast at Southwestern College, Women in Transportation
Summit, candidate forum for the District 2 election, Chula Vista Fun Run, Ted-X talk, and San Diego
Symphony Community Opus Project.
COUNCILMEMBERS’ COMMENTS
Councilmember Aguilar stated she had attended Crossroads II Cinco de Mayo luncheon at which
Assistant City Manager Kachadoorian spoke.
Councilmember Padilla spoke of the Harvey Milk diversity breakfast, and paid tribute to Mr. Milk.
Councilmember McCann spoke of the upcoming fleet reserve association Memorial Day celebration at
Glen Abbey Memorial Park.
CITY ATTORNEY'S REPORTS
City Attorney Googins reported on his attendance at the Community Fun Run and Ted-X Chula Vista
events. He also provided a status update on a lobbyist regulation ordinance and ex-parte communications
policy, which would be brought forward for Council consideration.
Mayor Casillas Salas paid tribute to Captain Norbert Stein.
ADJOURNMENT
At 7:47 p.m., Mayor Casillas Salas adjourned the meeting in memory of Captain Norbert Stein to the
regular City Council meeting on June 12, 2018, at 5:00 p.m., in the Council Chambers.
_______________________________
Kerry K. Bigelow, MMC, City Clerk
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October 23, 2018 File ID: 18-0410
18-0495
TITLE
A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING VARIOUS SECTIONS OF TITLE 19 “PLANNING
AND ZONING” OF THE CITY OF CHULA VISTA MUNICIPAL CODE TO ADDRESS COMPLIANCE WITH
STATE LAWS GOVERNING SUPPORTIVE RESIDENTIAL USES, AS DEFINED IN CHAPTER 19.04
“DEFINITIONS,” AND FOUND IN CHAPTERS 19.14 “ADMINISTRATIVE PROCEDURES – PERMITS –
APPLICATIONS – HEARINGS - APPEALS,” 19.16 “EXCEPTIONS AND MODIFICATIONS,” 19.20
“AGRICULTURAL ZONE,” 19.28 “R-3 – APARTMENT RESIDENTIAL ZONE,” 19.38 “C-V – VISITOR
COMMERCIAL ZONE,” 19.40 “C-T - THOROUGHFARE COMMERCIAL ZONE,” 19.44 “I-L - LIMITED
INDUSTRIAL ZONE,” 19.48 “P-C – PLANNED COMMUNITY ZONE”, 19.54 “UNCLASSIFIED USES,” 19.58
“USES,” AND 19.62 “OFF-STREET PARKING AND LOADING” TO DEFINE AND ESTABLISH PROCEDURES
TO PERMIT EMERGENCY SHELTERS, SINGLE ROOM OCCUPANCY RESIDENCES, TRANSITIONAL AND
SUPPORTIVE HOUSING, QUALIFIED EMPLOYEE HOUSING, AND RESIDENTIAL FACILITIES (SECOND
READING AND ADOPTION)
B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER
15.20 “HOUSING CODE” TO DEFINE SINGLE ROOM OCCUPANCY RESIDENCES, TO REDEFINE
HOTEL/MOTEL, AND TO REQUIRE AN ANNUAL HOUSING PERMIT FOR SINGLE ROOM OCCUPANCY
RESIDENCES (SECOND READING AND ADOPTION)
RECOMMENDED ACTION
Council adopt the ordinances.
SUMMARY
The item for consideration is an amendment to various sections of the Chula Vista Municipal Code (CVMC)
related to emergency shelters, transitional and supportive housing, single room occupancy (SRO)
residences, qualified employee housing (primarily agricultural employees), and licensed residential
facilities to comply with State law and implement those goals, objectives, policies and programs of the
City’s 2013 Housing Element as certified by the State Department of Housing and Community
Development. Amendments to the CVMC are required in compliance with Senate Bill 2 (Chapter 644,
Statutes, 2007), Assembly Bill 2634 (Chapter 892, Statutes of 2006)and Sections 17021.5 and 17021.6 of
the California Health and Safety Code. Staff has prepared draft amendments to include updated and/or
new definitions for emergency shelters, single room occupancy residences, transitional and supportive
housing, residential facilities, and qualified employee housing and objective standard procedures for the
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development and permitting of such supportive residential land uses and greater clarification or repeal of
other definitions of similar land uses such as hotels, motels, efficiency apartments, and labor camps.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the Ordinances for compliance with the California
Environmental Quality Act (CEQA) and has determined that the adoption and implementation of the
Ordinances amending Title 19 “Planning and Zoning”of the Chula Vista Municipal Code (Municipal Code)
and Municipal Code Chapter 15.20 “Housing Code”are not Projects pursuant to State CEQA Guidelines
Section 15378 because the modifications to the Municipal Code are administrative actions that will not
result in physical changes to the environment; therefore, pursuant to State Guidelines Section 15060(c)(3)
no environmental review is required. In addition, without limiting the foregoing, the Development Services
Director has also determined that the adoption and implementation of the Ordinances amending Title 19 of
the Municipal Code by adding definitions and procedures for emergency shelters, single room occupancy
residences, transitional and supportive housing, residential facilities, and qualified employee housing and
providing for greater clarification or repealing of other definitions of similar land uses such as hotels,
motels, efficiency apartments and labor camps and amending Chapter 15.20 to define single room
occupancy residences, to redefine hotel/motel, and to require an annual housing permit for single room
occupancy residences will not result in any physical development in and of itself, and thus will not cause a
significant effect on the environment. Further, the changes implement existing General Plan policies,
objectives, and programs contained in the Housing Element, and are required to be adopted to conform
with State law. The amendment therefore qualifies for an Exemption pursuant to Section 15061(b)(3) of
the California Environmental Quality Act State Guidelines, which means that the activity is not subject to
CEQA.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
On September 26, 2018, in a joint meeting, the City of Chula Vista Planning Commission voted 5-0-0 and the
Housing Advisory Commission voted 5-0-0 recommending adoption of both Ordinances A, with the
Planning Commission offering recommendations as discussed below, and B to the City Council
(Attachments 1-4).
DISCUSSION
California State law requires local jurisdictions to facilitate and encourage a variety of housing types
including multi-family rental housing, factory built housing, mobilehomes, housing for agricultural
employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing
and address and remove constraints to the maintenance, improvement and development of housing for
persons with disabilities (reference Government Code § 65583 (c)(1) and (3)). As such, the City adopted
the 2013-2020 Housing Element, which identified the need to review, and if necessary to revise, the CVMC
to comply with Federal and State law and to successfully implement the City’s Housing Element.
Staff has prepared text amendments to revise various sections of the CVMC, specifically, Title 19 “Planning
and Zoning“and Chapter 15.20 “Housing Code”to address compliance with state laws governing supportive
residential land uses as follows:
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Emergency Shelters Single Room Occupancy (SRO) Residences
Transitional Housing Licensed Residential Facilities
Supportive Housing Qualified Employee Housing (primarily Agricultural Employees)
The subject text amendments would revise the municipal regulations to accomplish the following:
1. Define emergency shelter, and allow emergency shelters by right within the Limited Industrial (I-L)
zone and as a conditional use within the Thoroughfare Commercial (CT) zone and as a community
purpose facility (Government Code § 65582 (j) and 65583 (a)(4)).
2. Define transitional and supportive housing and subject only to those restrictions that apply to other
residential dwellings of the same type in the same zone (Government Code § 65582 (g) and (j) and
65583 (a)(5)).
3. Define qualified employee housing (primarily for agricultural employees) and permit as an
agriculture use subject only to those restrictions that apply to agricultural uses in the same zone,
and permit qualified employee housing for six or fewer employees in all residential zones, subject
only to those standards generally applicable to single-family dwellings (Health & Safety Code §
17021.5 (b) and 17021.6 (b)).
4. Define single-room occupancy residences and permit within the R-3 Apartment Residential zone
(Government Code § 65583 (c)(1)) and include single room occupancy residences under the City’s
Housing Code requiring an annual housing permit.
5. Define licensed residential facilities, permit facilities for six or fewer people in all residential zones,
and permit facilities for seven or more people as an unclassified use subject to a conditional use
permit (Government Code § 65583 (c)(3), Federal Fair Housing Act Amendments and California
Fair Employment and Housing Act).
State of California Policy Objectives & Laws
The State of California has identified housing affordability in California to be an urgent issue, where a
majority of renters (over 3 million households) pay more than 30 percent of their income towards rent and
nearly one-third (over 1.5 million households) spend more than 50 percent of their income on rent.
Homelessness is an increasing concern at the national, state and local level with California driving the
dramatic increases in homeless. According to the 2017 Point in Time Count, over 25% of the nation’s
homeless live in California (approximately 114,000).
With growth in California’s population but even larger increases in housing costs beyond what most can
afford and recognizing the most basic need for every Californian is a home, the State of California has added
regulations and new incentives and resources to facilitate the delivery of housing. Over the years and most
recently in 2017, the State has passed legislation to address the housing crisis through local land-use
processes and to ensure that every city and county shares in the responsibility of planning, facilitating and
encouraging housing for all economic segments of the community.
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More specifically, Senate Bill 2 (SB 2)enacted in 2007 clarifies and strengthens housing element law to
require local zoning codes address and plan for emergency shelters, transitional housing, supportive
housing, and farmworker/employee housing for jurisdictions with an agriculture zone. State Government
Code also limits the reasons a city can deny a housing development for very low or low-income households
and emergency shelters and transitional and supportive housing under the Housing Accountability Act
(Government Code §65589.5). Written findings based on evidence that such development would be
detrimental to health & safety of the public using objective standards versus subjective criteria are
required in order to deny such projects.
The following are key elements of Housing Element law and the Housing Accountability Act:
Key Elements Reference
Definitions of emergency shelters, transitional
housing, and supportive housing
Government Code § 65582 (d), (g), and (j)
Requirements to permit emergency shelters by
right, without a Conditional Use Permit (CUP),
Planned Unit Development (PUD) or other
discretionary action within identified zones and
only subject to those development and
management standards that apply to residential
or commercial development within the same
zone. A jurisdiction may apply limited written
and objective standards, such as parking,
lighting, size, and other criteria as set forth in
the law.
Government Code § 65583 (a)(4)
Requirements to permit transitional and
supportive housing as residential uses subject
only to those restrictions that apply to other
residential dwellings of the same type in the
same zone.
Government Code § 65583 (a)(5)
Zoning that permits qualified employee housing
use by right. Employee housing shall be deemed
an agriculture use and no conditional use permit
or other zoning clearance shall be required that
is not required of any other agricultural activity.
Government Code § 65583 (c)(1)(B)
Health & Safety Code § 17021.5 (b) and 17021.6 (b)
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Key Elements Reference
Jurisdictions cannot disapprove a housing
development project for very low-, low- or
moderate-income households, including
farmworker or emergency shelters or condition
approval so as to make such project infeasible,
including through the use of design standards, if
the project is consistent with objective and
identified written standards, policies or
conditions and unless it makes specified written
findings, based upon a preponderance of
evidence in the record.
Government Code § 65589.5 (d), (j)
The City’s General Plan 2013-2020 Housing Element was adopted by the City Council and certified by the
State of California Housing and Community Development (HCD) on May 15, 2013 based on, among other
things, programs and actions necessary for compliance with Government Code § 65580 et seq.
On May 7, June 27, and August 8, 2018, HCD issued correspondence to the City requesting status updates
on the City's progress towards implementing its Housing Element to comply with Government Code
requirements. HCD is currently monitoring the City's progress towards adopting the subject text
amendments and has requested documentation by November 1, 2018 demonstrating that all required
changes have been implemented. If the City does not meet this schedule, HCD may issue a 30-day notice to
the City beginning the process to revoke its finding of housing element compliance and it may ultimately
“de-certify” the City's Housing Element.
Emergency Shelter
With the passage of SB 2 in 2007 amending sections 65582, 65583, and 65589.5 of the Government Code,
local jurisdictions must identify a zone where a year-round emergency shelter is permitted by right.
Currently, the City’s Planning and Zoning Code only addresses temporary shelter for the homeless as
accessory to a church use subject to compliance with certain standards (CVMC 19.58.110) and is not in
compliance with the requirements of SB 2.
In order to comply with SB 2, the proposed Ordinance amends the Planning and Zoning Code to establish
and define an emergency shelter in accordance with the State’s definition (Health and Safety Code § 50801
(e)) which is as follows:
“Housing with minimal supportive services for homeless persons that is limited to occupancy of six
months or less by a homeless person. No individual or household may be denied emergency shelter
because of an inability to pay.”
Specifically, per Government Code § 65583 (a)(4) local jurisdictions may apply the following development
standards:
“The local government shall also demonstrate that existing or proposed permit processing, development,
and management standards are objective and encourage and facilitate the development of, or conversion
to, emergency shelters. Emergency shelters may only be subject to those development and management
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standards that apply to residential or commercial development within the same zone except that a local
government may apply written, objective standards that include all of the following:
(i) The maximum number of beds or persons permitted to be served nightly by the facility.
(ii) Off-street parking based upon demonstrated need, provided that the standards do not require
more parking for emergency shelters than for other residential or commercial uses within the
same zone.
(iii) The size and location of exterior and interior onsite waiting and client intake areas.
(iv) The provision of onsite management.
(v) The proximity to other emergency shelters, provided that emergency shelters are not required
to be more than 300 feet apart.
(vi) The length of stay.
(vii). Lighting.
(viii). Security during hours that the emergency shelter is in operation.
The proposed ordinance would amend the Chula Vista Municipal Code’s Limited Industrial (I-L) zones to
include emergency shelters as a permitted use and allow them within the Thoroughfare Commercial (C-T)
zone with a conditional use permit. Location within these zones is consistent with the location of other
transient uses such as hotels and motor motels. Both the I-L and C-T zones are at an appropriate density
such that the development of emergency shelters sufficient to meet the demand identified in the Housing
Element are feasible. In addition, these areas are well served by public transit and near services. The I-L
zone provides for less sensitive neighboring uses and provides larger and more opportunistic sites than
commercial zones. As part of the certification of the 2013 Housing Element, industrial zones within Chula
Vista were identified as appropriate zones to permit emergency shelters. In its review of SB 2 compliance
of various localities, staff also analyzed which zones were selected for emergency shelters. There is no
consistent location, with some jurisdictions choosing commercial zones, others residential, and others
choosing light industrial zones as the appropriate location for an emergency shelter.
The proposed ordinance also sets forth objective performance standards consistent with SB 2 and will
require a facility management plan to be submitted and approved, location restrictions limited to 300 feet
from another emergency shelter and other standards specifically referenced in Government Code § 65583
(a)(4) discussed above. Off-street parking will be required at a rate of one parking space for every five
beds, consistent with the median parking requirements found in southern California. Additionally, 1.5
parking spaces for employees and one loading space for deliveries will be required. Such parking
requirements for employees and loading is consistent with standards provided for other uses within the I-L
zone (e.g. wholesale establishments, warehouses, service and maintenance centers, communication
equipment buildings, manufacturing plants, research or testing laboratories, and bottling plants).
Currently, the City’s Planning and Zoning Code within CVMC Section 19.58.110 addresses emergency
shelters as a temporary and accessory use for churches or other religious institutions, limiting such
shelters to twice a year, with a maximum of 12 guests and applying inspection and noticing requirements.
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In conformance with SB 2 (Government Code § 65583 (a)(4)) and the Religious Land Use and
Institutionalized Persons Act (RLUIPA), Pub.L. 106–274, codified as 42 U.S.C. § 2000cc et seq., the proposed
Ordinance amends CVMC Section 19.58.110 to exempt temporary emergency shelters operating for 30
days or less within a one-year period which are accessory to a religious institution from any requirements.
For those permanent emergency shelter operations which are considered accessory to a religious
institution, the Ordinance proposes limited standards such as compliance with Health and Safety and
Building Codes, limitation of stay to 60 days, no more than 12 occupants in those emergency shelters
within a residential zone and inclusion of the shelter within the Conditional Use Permit for such religious
institution.
Transitional Housing and Supportive Housing
SB 2 also requires that local jurisdictions ensure that transitional and supportive housing is regulated
consistent with comparable residential uses. The law requires that such developments be subject only to
those restrictions that apply to residential uses of the same type in the same zone. Chula Vista’s current
Planning and Zoning Code contains no definition for transitional or supportive housing, nor does it include
guidelines addressing their development. In order to comply with SB 2, staff recommends that the City
amend its Planning and Zoning Code to include definitions for both transitional and supportive housing and
provide appropriate standards for their development.
Transitional housing is designed to assist individuals and families in developing the skills necessary to
achieve independent living. The proposed ordinance defines transitional housing in accordance with the
State law (Government Code § 65582 (j)) as follows:
“Buildings configured as rental housing developments, but operated under program requirements
that call for the termination of assistance and recirculation of the assisted unit to another eligible
program recipient at some predetermined future point in time, which shall not be less than six
months from the beginning of the assistance.”
Supportive housing is permanent rental housing linked to a range of support services designed to enable
residents to maintain stable housing and lead fuller lives. Typically, a part of the housing is targeted to
people who have risk factors such as homelessness, or health challenges, such as mental illness or
substance addiction. The proposed ordinance defines supportive housing in accordance with the State law
(Government Code § 65582 (g)) as follows:
“Housing with no limit on length of stay, that is occupied by the target population, and that is linked
to an onsite or offsite service that assists the supportive housing resident in retaining the housing,
improving his or her health status, and maximizing his or her ability to live and, when possible,
work in the community.” “Target population” means persons with low incomes who have one or
more disabilities as described in Section 65582 (i) of the State Government Code.”
This housing may include apartments, single room occupancy residences, or single-family homes. The
proposed ordinance would amend the CVMC to allow transitional and supportive housing where other like-
residential uses are permitted.
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Single-Room Occupancy (SRO) Residence
With the passage of Assembly Bill 2634 (2006), local jurisdictions are now required to plan for a variety of
housing types at all income levels, including provisions to accommodate Single Room Occupancy (SRO)
residences. Chula Vista’s current Planning and Zoning Code does not define, nor does it directly address the
development of SRO residences but does address and permit efficiency living units as a multi-family
residential land use. In order to comply with the requirements of AB 2634,the City must amend its
Planning and Zoning Code to establish and define this use and provide objective performance standards.
An SRO dwelling is typically a small rental unit with limited facilities, intended for single occupancy and as
a primary residence. The proposed ordinance defines single room occupancy residences in accordance with
State law (Health & Safety Code § 17958.1 (a) regarding efficiency units) as follows:
“a rooming unit or efficiency living unit located in a building containing six or more such dwellings
that are offered for occupancy by residential tenants for at least thirty consecutive days. Kitchen
and bathroom facilities may be wholly or partially included in each living space or may be fully
shared.”
As a new residential land use, amendments to CVMC Chapter 15.20 are proposed to include the definition
of the SRO land use and to require an annual housing permit for such residences.
SROs may be constructed in a manner similar to, or occupy existing, multi-family buildings, motels, or
hotels. As a result, parcels zoned for higher densities are the appropriate locations for SRO residences.
Therefore, SROs are proposed as a permitted residential use within the R-3 Apartment Residential Zone.
Parking is proposed at one space for each unit/residence. The proposed standard is consistent with
standards provided for smaller types of uses such as hotels/motels and boarding/rooming houses
requiring one parking space per room.
Qualified Employee Housing (primarily Agricultural Employees)
The State requires that local jurisdictions with agriculture land use designations provide housing
opportunities for employees through local zoning regulations. Health and Safety Code Section 17021.5
generally requires that qualified housing for six or fewer employees be considered a single-family dwelling
with a residential land use designation. Health and Safety Code Sections 17021.6 states that qualified
housing for seven (7) or more employees is considered to be an agricultural land use designation.
Therefore, no conditional use permit, zoning variance, or other zoning clearance shall be required for
employee housing that is not required of any other agricultural activity within the same zone.
Currently, the City’s Planning and Zoning Code addresses living quarters of persons regularly employed on
the premises and transient labor, with a maximum of two families as an accessory use or building within an
agricultural zone (CVMC 19.20.030.A). Furthermore, under CVMC 19.58.200, development regulations are
provided for such housing including distance from property lines and structures, minimum land areas for
each tent or trailer space or cabin for each three workers, usable recreation area, access roads and parking
areas and issuance of a temporary certificate of occupancy issued for a period not to exceed one year,
subject to renewal.
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In order to comply with sections 17021.5 and 17021.6 of the Health and Safety Code, the proposed
Ordinance amends CVMC Title 19 “Planning and Zoning”to include definitions of the term “qualified
employee housing;” and to add such housing as a permitted use in the Agricultural Zone (CVMC Chapter
19.20). Consistent with other provisions of that chapter, qualified employee housing should be subject to a
Site Development Review.
Off-street parking will be required at a rate of one parking space for every three beds, consistent with the
parking requirements found in other local communities. Additionally, 1.5 parking spaces for employees
and one loading space for deliveries will be required. Such parking requirements for employees and
loading is consistent with standards provided for other uses (e.g. wholesale establishments, warehouses,
service and maintenance centers, communication equipment buildings, manufacturing plants, research or
testing laboratories, and bottling plants).
Licensed Residential Facilities
Both federal and State fair housing laws, along with State Planning and Zoning laws (Government Code
Section 65008), provide protection for residential facilities serving persons with disabilities. The
Lanterman Developmental Disabilities Services Act also declares disabled persons are entitled to live
productive and independent lives in the communities in which they live.
In accordance with State law, licensed residential facilities for six or fewer persons are a permitted use in
all residential zones and must be treated like other residential uses occurring within the same zone. The
following State statutes require that small (serving six or fewer persons) licensed group homes be treated
like other residential uses and include: facilities for persons with disabilities and other facilities (Welfare &
Inst. Code 5116), residential health care facilities (Health & Safety Code 1267.8, 1267.9, & 1267.16),
residential care facilities for the elderly (Health & Safety Code 1568.083 - 1568.0831, 1569.82 – 1569.87),
community care facilities (Health & Safety Code 1518, 1520.5, 1566 - 1566.8, 1567.1), pediatric day health
facilities (Health & Safety Code 1267.9;1760 – 1761.8), and facilities for alcohol and drug treatment (Health
& Safety Code 11834.23).
The proposed ordinance seeks to define residential facilities in accordance with the State law (Health and
Safety Code Section 1502(a)(1)) as follows:
“any family home, group care facility, or similar facility, licensed by the State of California, for 24-
hour nonmedical care of persons in need of personal services, supervision or assistance essential
for sustaining the activities of daily living or for the protection of the individual.”
The proposed ordinance would amend CVMC Chapter 19.54 to include residential facilities for seven or
more persons as an unclassified use permitted in any zone with an approved conditional use permit and a
requirement to obtain applicable state licenses and approvals and a Chula Vista business license. Off-street
parking is proposed at a rate of one parking space for every five beds, consistent with the parking
requirements found in other local communities. Additionally, 1.5 parking spaces for employees and one
loading space for deliveries will be required. Such parking requirements for employees and loading is
consistent with standards provided for other uses (e.g. wholesale establishments, warehouses, service and
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maintenance centers, communication equipment buildings, manufacturing plants, research or testing
laboratories, and bottling plants).
Through its CUP process, the City has the ability to impose additional conditions of approval as it deems
necessary to ensure that the project would not be detrimental to surrounding properties/uses.
Other Amendments
In light of the proposed amendments to allow for these supportive residential uses, staff is also proposing
to address similar land uses for the purposes of providing greater clarification and standards that are
objective and encourage and facilitate the development of a variety of housing types to meet the diverse
and growing needs of residents.
Staff is recommending that similar uses such as motor hotels, motels and hotels be defined as a single land
use (hotel/motel). An amendment to Chapter 15.20 “Housing Code”would also be necessary to provide a
consistent definition of hotel/motel with the City’s Planning and Zoning Code. With the establishment of
qualified employee housing, references to transient labor accommodations (e.g., camps) should be
removed.
Given the current real estate market, with high costs of housing and a greater demand for housing, homes
are being proposed with a large number of bedrooms, or existing homes are being remodeled to add
additional bedrooms to accommodate larger households (e.g. roommates, multi-generational households,
and other shared households). To address parking impacts that may result from homes with a larger
number of bedrooms that accommodate larger households with potentially more drivers with personal
vehicles, staff is recommending greater parking requirements for those residences providing five or more
bedrooms.
As proposed, one additional parking space beyond the standard residential parking requirement would be
required for each bedroom greater than four. For example, a five bedroom single family home would need
to provide two parking spaces within a garage and one additional on-site space for the fifth bedroom. If six
bedrooms were proposed, two additional on-site parking spaces would be required and so forth.
The Planning Commission recommended that staff investigate and report to the City Council whether
certain parking exceptions should be allowed for those homes with a large number of bedrooms that are
located near transit consistent with public policies aimed at reducing greenhouse gas emissions by
encouraging active transportation and transit usage rather than private automobiles. Currently, the City’s
Accessory Dwelling Unit (ADUs) ordinance, consistent with State Law, exempts such housing within ½ mile
radius of public transit from additional parking requirements. California Government Code Section 65915
(aka Density Bonus law), provides a minimum parking standard of 0.5 parking spaces per bedroom or unit
for affordable housing within ½ mile of a major transit stop, service with a frequency interval of 15 minutes
or less during peak commute periods. All transit stops/stations in Chula Vista are considered a major
transit stop. The State of California’s Affordable Housing and Sustainable Communities Program “AHSC”,
with a specific purpose to reduce greenhouse gas emissions, funds only those transit oriented housing
developments located within one-half (½) mile from a transit station/stop served by high quality transit.
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High quality transit requires a frequency interval of service of 15 minutes or less during the peak period
but also requires service seven days a week and permanent infrastructure for the service, either a railway
or features of bus rapid transit with use of dedicated travel lanes for buses and high occupancy vehicles.
Staff recommends that no exemption from the proposed parking requirement for five or more bedrooms be
allowed anticipating a greater need for parking created by such larger homes. Should the City Council wish
to exempt large bedroom units located near transit from the additional parking requirements, staff would
recommend using a standard of ½ mile from a transit station/stop served by high quality transit as the
threshold to qualify for an exemption from the additional parking requirements applied to homes with five
or more bedrooms (Attachment 5). This would exempt those units located within transit oriented
development areas. Such projects would still be required to provide parking consistent with any of the
applicable standard parking requirements.
Public Outreach:
Information regarding the proposed amendments to the CVMC was made available to the public through
the Development Services Housing Division’s website at www.chulavistaca.gov/housing. Additionally, a
draft of the proposed Supportive Residential Land Use Ordinance updating the Planning and Zoning Code
was made available to review at the following locations:
Civic Center Library (365 F St)
South Chula Vista Library (389 Orange Ave)
Development Services Department – Front Counter Bldg B & Housing Division Building C (276
Fourth Ave)
City Clerk’s Office (276 Fourth Ave)
Several opportunities were provided for the community and interested parties to learn about and provide
input on the proposed amendments to the Chula Vista Municipal Code Update and included the following:
Housing Advisory Commission Wed, January 25, 2017
Development Oversight Committee August 22, 2018
Community Meetings September 13 and 17, 2018
Spanish interpretation was made available upon request at 619-691-5047
Chula Vista Community Collaborative Tues, September 11, 2018
San Diego Housing Federation Policy Subcommittee Wed, September 12, 2018
Joint Meeting of the Planning Commission and
Housing Advisory Commission
Wed, September 26, 2018
Noticing and advertisement of the community meetings and actions before legislative bodies included the
following:
Display ad published in the Star News on Friday, September 7 and 14, 2018;
Direct mailings to 25 persons/organizations;
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Distribution of invitations and notices via electronic mail from the City to nearly 250
persons/organizations;
Email blasts directly from Chula Vista Community Collaborative, San Diego Housing Federation,
Southwest Civic Association and Crossroads II to their members;
Posting of the meetings through the City’s social media (e.g., Facebook);
Information on the City’s website (e.g. City Calendar and DSD Housing Division); and,
Posting of flyers at key City facilities (libraries and City Hall) within Chula Vista.
A total of twenty-six persons were in attendance at the two informational meetings held on Thursday,
September 13, 2018 at 6 pm and Monday, September 17, 2018 at 10 am. A copy of the comments and
responses was made available on the City’s Housing Division website at www.chulavistaca.gov/housing
and was emailed to those attendees who provided email addresses.
A detailed description of the public participation process and the comments received are attached
(Attachment 6).
Conclusion
The proposed amendments to CVMC Code Chapter 15.20 “Housing Code” and Title 19 “Planning and
Zoning,” drafted in conjunction with the legal counsel of Goldfarb & Lipman, and through its public
outreach process, will comply with State Housing Element law and Fair Housing laws by addressing the
critical need for affordable housing and is consistent with the City’s and state’s goals of providing
affordable housing opportunities and maintaining safe, vibrant, and livable communities.
It must be noted that updates related to emergency shelters are time sensitive and will require immediate
action. Per Senate Bill 2 (Cedillo, 2007), local jurisdictions must amend their Zoning Ordinances to permit
emergency shelters by right in at least one zoning district within one year of the adoption of their Housing
Elements. The City has been working over the years to draft such amendments. Within the past few
months, City staff has been working directly with State HCD and providing updates as to progress in
amending its Zoning Code. The City has received notification from the State that compliance is required by
November 1, 2018, or HCD may begin the process to de-certify the City’s Housing Element.
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 Ordinances support the
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Strong and Secure Neighborhoods and the Connected Community goals as they seek to lower barriers to
facilitate and encourage varied residential development to meet growing and diverse housing needs and
priorities of Chula Vista residents.
CURRENT-YEAR FISCAL IMPACT
All staff costs associated with preparing the Ordinances is included in the adopted budget.
ONGOING FISCAL IMPACT
As a planning document, the adoption of Ordinances A and B will have no direct fiscal impact to the City.
However, as projects are implemented both a revenue stream and cost factors will be realized. As
implementation of Ordinances A and B occurs, additional information regarding specific fiscal impacts of
future individual projects will be evaluated.
ATTACHMENTS
1. Planning Commission ResolutionMPA18-0009
2. Housing Advisory Commission Resolution HA18-0003
3. Planning Commission Resolution MPA18-0011
4. Housing Advisory Commission Resolution HA18-0004
5. Alternative Exemption to Parking Requirement for Homes with Five (5) Bedrooms or more
6. Public Participation Process
Staff Contact: Leilani Hines, Housing Manager
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2003\02\2420840.4
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
VARIOUS SECTIONS OF TITLE 19 “PLANNING AND
ZONING” OF THE CITY OF CHULA VISTA MUNICIPAL
CODE TO ADDRESS COMPLIANCE WITH STATE LAWS
GOVERNING SUPPORTIVE RESIDENTIAL USES, AS
DEFINED IN CHAPTER 19.04 “DEFINITIONS,” AND FOUND
IN CHAPTERS 19.14 “ADMINISTRATIVE PROCEDURES –
PERMITS – APPLICATIONS – HEARINGS - APPEALS,” 19.16
“EXCEPTIONS AND MODIFICATIONS,” 19.20
“AGRICULTURAL ZONE,” 19.28 “R-3 – APARTMENT
RESIDENTIAL ZONE,” 19.38 “C-V – VISITOR COMMERCIAL
ZONE,” 19.40 “C-T - THOROUGHFARE COMMERCIAL
ZONE,” 19.44 “I-L - LIMITED INDUSTRIAL ZONE,” 19.48
“P-C – PLANNED COMMUNITY ZONE”, 19.54
“UNCLASSIFIED USES,” 19.58 “USES,” AND 19.62 “OFF-
STREET PARKING AND LOADING” TO DEFINE AND
ESTABLISH PROCEDURES TO PERMIT EMERGENCY
SHELTERS, SINGLE ROOM OCCUPANCY RESIDENCES,
TRANSITIONAL AND SUPPORTIVE HOUSING, QUALIFIED
EMPLOYEE HOUSING, AND RESIDENTIAL FACILITIES
WHEREAS, it is the policy of the City of Chula Vista (City), pursuant to the Federal Fair
Housing Act Amendments (42 U.S.C. Section 3601), hereinafter “FHAA,” the California Fair
Employment and Housing Act, hereinafter “Fair Housing Laws,” and the Housing Element of
the City’s General Plan to facilitate housing for individuals with disabilities and those in need of
emergency shelter, and to facilitate housing affordable to lower-income households, through
reasonable and objective rules, policies, practices and procedures that ensure equal access to
housing in accordance with applicable laws; and
WHEREAS, pursuant to Article 10.6 of the Government Code (Article 10.6), the City, on
April 23, 2013, adopted its 2013-2020 Housing Element of the General Plan, which specifies its
goals, policies, and implementing programs to address the identified needs of the community,
including individuals with disabilities and lower-income households; and
WHEREAS, the Housing Element contains programs and policies that require
amendments to the City of Chula Vista Municipal Code in compliance with Senate Bill 2
(Chapter 644, Statutes, 2007), Assembly Bill 2634 (Chapter 892, Statutes of 2006) and Sections
17021.5 and 17021.6 of the California Health and Safety Code (qualified employee housing) to
address emergency shelters, single room occupancy residences (SROs), transitional and
supportive housing, residential facilities and qualified employee housing; and
WHEREAS, the revisions to Title 19 “Planning and Zoning” of the Chula Vista
Municipal Code contained in this Ordinance address the required amendments and provide for
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greater clarification or repeal of other definitions of similar land uses such as hotels, motels,
efficiency apartments and labor camps; and
WHEREAS, the Development Services Director has reviewed the Ordinance for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
adoption and implementation of the Ordinance amending Title 19 of the Chula Vista Municipal
Code (Municipal Code) is not a Project pursuant to State CEQA Guidelines Section 15378
because the modifications to the Municipal Code are administrative actions that will not result in
physical changes to the environment; therefore, pursuant to State Guidelines Section 15060(c)(3)
no environmental review is required. In addition, notwithstanding the foregoing, the
Development Services Director has also determined that the adoption and implementation of the
Ordinance amending Title 19 of the Municipal Code by adding definitions and procedures for
emergency shelters, single room occupancy residences, transitional and supportive housing,
residential facilities, and qualified employee housing and providing for greater clarification or
repealing of other definitions of similar land uses such as hotels, motels, efficiency apartments
and labor camps will not result in any physical development in and of itself, and thus will not
cause a significant effect on the environment. Further, the changes implement existing General
Plan policies, objectives, and programs contained in the Housing Element, and are required to be
adopted to conform with State law. The amendment therefore qualifies for an Exemption
pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines,
which means that the activity is not subject to CEQA; and
WHEREAS, the Planning Commission and the Housing Advisory Commission held an
advertised public hearing on the subject Ordinance on September 26, 2018.
WHEREAS, the Planning Commission voted 5-0-0 to adopt PC Resolution No. MPA 18-
0009 and thereby recommend that the City Council adopt the Ordinance; and
WHEREAS, the Housing Advisory Commission voted 5-0-0 to adopt HAC Resolution
No. 18-003 and thereby recommend that the City Council adopt the Ordinance; and
WHEREAS, the City Council set the time and place for a hearing on the Municipal Code
Amendment (MPA 2018-0009) and notice of said hearing, together with its purpose, was given
by its publication in a newspaper of general circulation in the City at least ten days prior to the
hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely October 16,
2018, at 5:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council and
said hearing was thereafter closed.
SECOND READING AND ADOPTION
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NOW THEREFORE the City Council of the City of Chula Vista does hereby ordain as
follows:
Section I. Consistency with General Plan
The amendments provided for herein are consistent with the City of Chula Vista General
Plan and local, state, and federal law, and the public necessity, convenience, general welfare and
good zoning practice support the amendments.
The City Council has duly considered the Staff Report, considered all recommendations
by staff and public testimony, and all other information available and believes that the Municipal
Code amendments are in the best interest of the public because they 1) establish objective
standards and, therefore, more certainty in the residential development review process; and 2)
address compliance with housing element law relative to emergency shelters, single room
occupancy residences, transitional and supportive housing, residential facilities, and qualified
employee housing. The amendments include, but are not limited to, updated and/or new
definitions for emergency shelters, single room occupancy residences, transitional and supportive
housing, residential facilities, and qualified employee housing and greater clarification or repeal
of other definitions of similar land uses such as hotels, motels, efficiency apartments, and labor
camps.
Section II. Amendment of Chula Vista Municipal Code Title 19 (Planning and Zoning)
This Ordinance amends Municipal Code Title 19, specifically Chapters 19.04
“Definitions,” 19.14 “Administrative Procedures – Permits – Applications – Hearings -
Appeals,” 19.16 “Exceptions and Modifications,” 19.20 “Agricultural Zone,” 19.28 “R-3 –
Apartment Residential Zone,” 19.38 “C-V – Visitor Commercial Zone,” 19.40 “C-T -
Thoroughfare Commercial Zone,” 19.44 “IL - Limited Industrial Zone,” 19.48 “P-C – Planned
Community Zone,” 19.54 “Unclassified Uses,” 19.58 “Uses,” and 19.62 “Off-Street Parking and
Loading” to define and establish standard procedures for the development and permitting of
emergency shelters, single room occupancy dwellings, transitional and supportive housing,
residential facilities and qualified employee housing and provide greater clarification or repeal of
other definitions of similar land uses such as hotels, motels, efficiency apartments, and labor
camps. (Added text is shown in underline format, and deleted text shown in strike-through
format.)
A. Chapter 19.04, “Definitions” is hereby amended to add and renumber
accordingly, the definitions of “Emergency shelter,” “Qualified employee housing,” “Residence,
single room occupancy (SRO),” “Residential facility,” “Supportive housing,” and “Transitional
housing,” as follows:
19.04.089.2 Emergency shelter.
“Emergency shelter” means housing with minimal supportive services for homeless persons,
with occupancy limited to a six-month term or less by homeless persons. Emergency shelter shall
have the same meaning as defined in Section 50801(e) of the California Health and Safety Code.
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19.04.191 Qualified employee housing.
“Qualified employee housing” means accommodations for employees as defined in Section
17008 of the California Health and Safety Code, as may be amended, which has qualified or
where the owner intends to qualify for a permit to operate under the Employee Housing Act
(Health & Safety Code §§ 17000 et seq.).
19.04.194.1 Residence, single room occupancy (SRO).
“Residence, single room occupancy (SRO)” means a rooming unit or efficiency living unit
located in a building containing six or more such dwellings that are offered for occupancy by
residential tenants for at least thirty consecutive days. Kitchen and bathroom facilities may be
wholly or partially included in each living space or may be fully shared.
19.04.198.1 Residential facility.
“Residential facility” means any family home, group care facility, or similar facility, licensed by
the State of California, for 24-hour nonmedical care of persons in need of personal services,
supervision or assistance essential for sustaining the activities of daily living or for the protection
of the individual.
19.04.290.1 Supportive housing.
“Supportive housing” means housing with no limit on length of stay, that is occupied by the
target population, and that is linked to an onsite or offsite service that assists the supportive
housing resident in retaining the housing, improving his or her health status, and maximizing his
or her ability to live and, when possible, work in the community (Section 65582(g) of the State
Government Code). “Target population” means persons with low incomes who have one or
more disabilities as described in Section 65582(i) of the State Government Code.
19.04.299 Transitional housing.
“Transitional housing” means buildings configured as rental housing developments, but operated
under program requirements that require the termination of assistance and recirculating of the
assisted unit to another eligible program recipient at a predetermined future point in time that
shall be no less than six months from the beginning of the assistance (Section 65582(j) of the
State Government Code).
B. Chapter 19.04, “Definitions” is hereby amended to revise or repeal the
definitions of “Agriculture,” “Crop and tree farming,” “Dwelling,” "Efficiency apartment,"
“Efficiency living unit,” “Family,” “Hotel,” and “Motor hotel, including motel and hotel,” to
specifically address qualified employee housing as an allowable use and clarify efficiency living
units within these definitions, to eliminate redundancy of terms, and to renumber accordingly, as
follows:
19.04.010 Agriculture.
“Agriculture” means the use of the land for agricultural purposes, including farming, dairying,
pasturage, agriculture, horticulture, floriculture, viticulture, apiaries, animal husbandry
(excluding swine); incidental to other agricultural uses; and the necessary accessory uses for
storing produce and qualified employee housing; provided, however, that the operation of any
such accessory use shall be secondary to that of primary uses and shall not include stockyards or
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the commercial feeding of garbage or offal to animals. (Ord. 1212 § 1, 1969; prior code §
33.1401).
19.04.014 Repealed.
19.04.014 Apartment, efficiency.
“Efficiency apartment” means a dwelling unit in a multifamily building, consisting of not more
than one habitable room, together with cooking and sanitary facilities. (Ord. 1212 § 1, 1969;
prior code § 33.1401).
19.04.062 Crop and tree farming.
“Crop and tree farming” means the raising for commercial purposes of any truck, field or orchard
crops or wholesale nurseries or greenhouses, including necessary buildings incidental to such
crop and qualified employee housing. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.074 Dwelling.
“Dwelling” means any building or portion thereof designed or used exclusively as the residence
of one or more persons, but not including a hotel/motel, tent, cabin, trailer or mobile home. (Ord.
1212 § 1, 1969; prior code § 33.1401).
19.04.088 Efficiency living unit.
“Efficiency living unit” means a dwelling unit for occupancy, which has a minimum floor area of
one hundred fifty (150) square feet and a maximum floor area of four hundred fifty (450) square
feet and which may also have partial kitchen or bathroom facilities and shall have the same
meaning as “Efficiency Unit” as defined in Section 17958.1 of the California Health and Safety
Code (Ord. 1212 § 1, 1969; prior code § 33.1401). means any room having cooking facilities and
used for combined living, dining and sleeping purposes and meeting the requirements of Section
17315 of Part 7 of the State Housing Law, Title 8, Chapter 9, Article 8
19.04.092 Repealed.
19.04.092 Family.
“Family” means an individual, or two or more persons, related by blood, marriage or adoption,
or a group including unrelated individuals bearing the generic character of and living together as
a relatively permanent bona fide housekeeping unit sharing such needs as cooking facilities.
(Ord. 2034 § 1, 1983; Ord. 1697 § 1, 1976; Ord. 1212 § 1, 1969; prior code § 33.1401).
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19.04.112 Hotel/motel.
“Hotel/motel” means a building or group of buildings comprised of six or more guestrooms or
suites of rooms, where a majority of such rooms are occupied, intended or designed for
occupancy by guests for temporary lodging or sleeping purposes for less than thirty (30)
consecutive calendar days, and is held out as such to the public individual sleeping or living
units without kitchens, except as otherwise provided herein, for the accommodation of transient
guests (not including hospitals, residential facilities, qualified employee housing, boarding or
lodging houses or single room occupancy residences). (Ord. 2034 § 1, 1983; Ord. 1212 § 1,
1969; prior code § 33.1401.)
19.04.156 Repealed.
19.04.156 Motor hotel, including motel and hotel.
“Motor hotel, including motel and hotel” means a building or group of buildings comprising
individual sleeping or living units, provided not more than 30 percent of the individual living
units may contain kitchen facilities. (Ord. 1212 § 1, 1969; prior code § 33.1401).
C. Chapter 19.14 “Administrative Procedures – Permits – Applications –
Hearings – Appeals,” Section 19.14.030 “Zoning Administrator – Actions authorized
without public hearing” is hereby amended to add residential facilities for seven or more
persons, and renumber accordingly, as follows:
19.14.030 Zoning Administrator – Actions authorized without public hearing.
The Zoning Administrator is authorized to consider and to approve, disapprove or modify
applications on the following subjects, and/or issue the following required permits without
setting the matter for a public hearing:
A. Conditional Use Permit. The Zoning Administrator shall be empowered to issue conditional
use permits, as defined herein, in the following circumstances:
…8. Residential facilities for seven or more persons, in accordance with CVMC
19.58.268.
9. An amendment of an existing Conditional Use Permit for a church or religious institution
that is necessary to accommodate an Emergency Shelter as an accessory use to a church or
religious institution that is permitted by right in accordance with CVMC 19.58.110.
D. Chapter 19.16 “Exceptions and Modifications,” Section 19.16.030
“Agricultural uses – Permitted when – Conditional use permit required when” is hereby
amended to include qualified employee housing as an accessory building in crop and tree
farming, as follows:
19.16.030 Agricultural uses – Permitted when – Conditional use permit required when.
Crop and tree farming and any associated qualified employee housing, as defined herein, shall be
permitted as an interim use in any zone, provided the area in which said use is located has not
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been subdivided or plotted so as to result in parcels of less than one acre. Any buildings, such as
accessory farm buildings, packing sheds, wholesale nurseries, qualified employee housing, etc.,
shall be subject to a conditional use permit. (Ord. 1212 § 1, 1969; prior code § 33.1001(B)).
E. Chapter 19.20 “Agricultural Zone,” Section 19.20.030 “Accessory uses and
buildings” is hereby amended to delete housing for transient labor and renumber accordingly, as
follows:
19.20.030 Accessory uses and buildings.
Accessory uses and buildings customarily incidental to any of the above uses permitted in the
agriculture zone, subject to the regulations for such as required herein, include:
“A. Living quarters of persons regularly employed on the premises and transie nt labor,
maximum of two families; but not including labor camps, labor dwellings, or other
accommodations or areas for transient labor (see CVMC 19.58.200 for provisions for labor
dwellings or camps);
F. Chapter 19.20 “Agricultural Zone,” Section 19.20.040 “Conditional uses” is
hereby amended to delete housing for transient labor and renumber accordingly, as follows:
19.20.040 Conditional uses.
The following uses shall be permitted in the A zone; provided, a conditional use permit is issued
in accordance with the provisions of CVMC 19.14.030(A) or 19.14.040, as may be applicable,
and CVMC 19.14.050 through 19.14.090:
…”E. Quarters, accommodations, or areas for transient labor in excess of two families, such as
labor dwellings or camps, subject to the provisions of CVMC 19.58.200;”
G. Chapter 19.28 “R-3 – Apartment Residential Zone,” Section 19.28.020
“Permitted uses” is hereby amended to add a single room occupancy residence and boarding or
lodging house as a permitted residential use and renumber accordingly, as follows:
19.28.020 Permitted uses.
Principal permitted uses in the R-3 zone are as follows:
…G. Residence, single room occupancy (SRO).
H. Boarding or lodging houses;
H. Chapter 19.28 “R-3 – Apartment Residential Zone,” Section 19.28.040
“Conditional uses” is hereby amended to delete boarding or lodging houses as a conditional
residential use and renumber accordingly, as follows:
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19.28.040 Conditional uses.
The following uses shall be permitted in the R-3 zone; provided, a conditional use permit is
issued in accordance with the provisions of CVMC 19.14.030(A) or 19.14.040, as may be
applicable, and CVMC 19.14.050 through 19.14.090:
A. Boarding or lodging houses;
I. Chapter 19.38 “C-V – Visitor Commercial Zone,” Section 19.38.020
“Permitted uses” is hereby amended to revise the term hotels, motels and motor hotels to
hotel/motel, and renumber accordingly, as follows:
19.38.020 Permitted uses.
Principal permitted uses in the C-V zone are as follows:
A. Hotels/,motels and motor hotels, subject to the provisions of CVMC 19.58.210, with such
incidental businesses to serve the customer or patron; provided, such incidental uses and
businesses not otherwise permitted in this zone shall be operated in the same building and in
conjunction with this permitted use; (Ord. 3153 § 2 (Exh. A), 2010; Ord. 2160 § 1, 1986; Ord.
2108 § 1, 1985; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.510(B)).
J. Chapter 19.40 “C-T – Thoroughfare Commercial Zone,” Section 19.40.020
“Permitted uses” is hereby amended to revise the term motor hotels and motels to
hotels/motels, and renumber accordingly, as follows:
19.40.020 Permitted uses.
Principal permitted uses in a C-T zone are as follows:
…C. Motor hHotels and /motels, subject to the provisions of CVMC 19.58.210
(Ord. 3316 § 5, 2014; Ord. 3153 § 2 (Exh. A), 2010; Ord. 2273 § 7, 1988; Ord. 2160 § 1, 1986;
Ord. 2108 § 1, 1985; Ord. 1954 § 1, 1981; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.511(B)).
K. Chapter 19.40 “C-T – Thoroughfare Commercial Zone,” Section 19.40.030
“Conditional uses” is hereby amended to add emergency shelters as conditional use and
renumber accordingly, as follows:
19.40.030 Conditional uses.
The following uses shall be permitted in the C-T zone; provided, a conditional use permit is
issued in accordance with the provisions of CVMC 19.14.030(A) or 19.14.040, as may be
applicable, and CVMC 19.14.050 through 19.14.090:
…T. Emergency shelters subject to the provisions of CVMC 19.58.143.
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L. Chapter 19.44 “I-L – Limited Industrial Zone,” Section 19.44.020 “Permitted
uses” is hereby amended to add emergency shelters as a permitted use, and renumber
accordingly, as follows:
19.44.020 Permitted uses.
Permitted uses in an I-L zone are as follows:
…R. Emergency shelters, limited subject to the provisions of CVMC 19.58.143. (Ord. 3153 § 2
(Exh. A), 2010; Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code §
33.513(B)).
M. Chapter 19.48 “P-C – Planned Community Zone,” Section 19.48.025
“Community purpose facilities – Minimum acreage required – Permitted uses.” is hereby
amended to revise and clarify homeless services as a permitted use subject to a conditional use
permit with emergency shelters permitted under the terms and conditions governing its
development:
19.48.025 Community purpose facilities – Minimum acreage required – Permitted uses.
C. The required CPF acreage shall have a CPF, community purpose facilities, land use
designation. All of the following uses are permitted subject to approval of a conditional use
permit:
… 3. Services for homeless. Emergency shelters for the homeless may be allowed subject to and
in accordance with the provisions of CVMC 19.58.110 or 19.58.143, as may be applicable;
N. Chapter 19.54 “Unclassified Uses,” Section 19.54.020 “Designated –
Limitations and standards” is hereby amended to add residential facilities, and renumber
accordingly, as follows:
19.54.020 Designated – Limitations and standards.
The following uses may be considered for location in any zone, subject to the provisions set forth
herein, and additional conditions set forth in Chapter 19.58 CVMC (references indicated for
uses):
…V. Residential facilities: See CVMC 19.58.268.
Conditional use permit applications for the uses listed in this section shall be considered and
approved by the following body or official. The Zoning Administrator shall approve all
ambulance services, trailers (commercial coaches), and certified farmers’ markets, and
residential facilities for seven or more persons. The City Council, subsequent to its receipt of
recommendations thereon from the Planning Commission, shall approve establishments or
enterprises involving large assemblages of people or automobiles (subsection (J) of this section),
and public or quasi-public uses (subsection (M) of this section). The Planning Commission shall
approve all other conditional use permits for unclassified uses not mentioned in this paragraph.
(Ord. 3268 § 3, 2013; Ord. 3153 § 2 (Exh. A), 2010; Ord. 2958 § 1, 2004; Ord. 2921 § 2, 2003;
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Ord. 2449 § 1, 1991; Ord. 2296 § 6, 1989; Ord. 2169 § 1, 1986; Ord. 2075 § 3, 1984; Ord. 2054
§ 1, 1983; Ord. 1878 § 2, 1979; Ord. 1711 § 1, 1976; Ord. 1697 § 1, 1976; Ord. 1626 §§ 1, 2,
1975; Ord. 1464 § 2, 1973; Ord. 1456 § 2, 1973; Ord. 1356 § 1, 1971; Ord. 1281 § 2, 1970; Ord.
1246 § 2, 1969; Ord. 1232 § 2, 1969; Ord. 1212 § 1, 1969; prior code § 33.535(A)).
O. Chapter 19.58 “Uses” is hereby amended to add terms and conditions governing
the development of emergency shelters, qualified employee housing, residential facilities, single
room occupancy residences and transitional and supportive housing, delete labor camps and
renumber accordingly, as follows:
19.58.110 Church, hospital, convalescent hospital, religious or eleemosynary institution.
…B. The provision of temporary an emergency shelter for the homeless in accordance with the
following standards and requirements is considered accessory to the church use or religious
institution (no conditional use permit required) subject to compliance with the following
standards:
1. Temporary emergency shelters operating for thirty (30) days or less in any 365-day period
which are accessory uses to religious institutions or religious organizations are exempt from
this section.
2. The primary church use or religious institution was authorized through a conditional use
permit approval.
3. Appropriate design accommodations for the emergency shelter were included in the
original facility design, and the emergency shelter was listed as an accessory use and
identified in the original conditional use permit application. Where the emergency shelter
was not initially contemplated and included in the original conditional use permit, such
conditional use permit must be amended in accordance with the provisions of CVMC
19.14.030 (A).
4. Emergency shelters shall comply with current California Health and Safety Codes and
California Building Codes in effect upon its construction.
5. No rent of fees of any kind shall be charged for emergency shelter services offered to
homeless persons.
6. Within Residential Zones, emergency shelter accommodations shall be limited to twelve
(12) persons at a single time.
7. A person residing at the facility shall be limited to sixty (60) days of accomodations.
1. A shelter may accommodate a maximum of 12 guests for two weeks per year. Two additional
nonconsecutive two-week periods may be authorized by the Zoning Administrator, provided no
opposition has been expressed by surrounding property owners or residents; otherwise the City
Council shall have the authority to grant such extensions.
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2. The guests shall be prescreened by a recognized social service agency to determine resident
suitability. Active alcohol or drug abusers as well as those with criminal convictions of a felony
or any crime of violence or significant mental illness shall be excluded from the program.
Supervision shall be provided at all times both on-site and during arrivals and departures from
the shelter.
3. A floor plan and set-up of the space to be occupied shall be submitted along with a description
of the prescreening agency and criteria.
A post set-up, pre-shelter inspection shall be conducted by the City in order to determine
compliance with applicable building, health, safety and fire regulations.
4. A church which is providing shelter for the first time, or which has not provided shelter in the
last 18 months, shall provide the City with certification that written notice of the proposal has
been given to properties within 300 feet of the shelter site. The host congregation is encouraged
to hold a neighborhood meeting to inform residents of the proposal and answer questions well
before the commencement date.
5. The shelter may be subject to closure for the violation of the standards or determination by the
Zoning Administrator that the shelter guests have been the negligent or intentional cause of one
or more neighborhood disturbances.
6. Shelter proposals beyond the limit noted in subsection (B)(1) of this section, including
extensions, are considered conditional uses and may only be permitted by issuance of a
conditional use permit. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 2485 § 1, 1991; Ord. 2290 § 1,
1989; Ord. 2287 § 2, 1988; Ord. 2285 § 1, 1988; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior
code § 33.901(B)(10)).
19.58.143 Emergency Shelters.
Consistent with Government Code Sections 65582, 65583(a), and 65589.5, all California cities
are required to identify a minimum of one zone that permits emergency shelters by right. The
purpose of this section is to establish standards to ensure that the development of emergency
shelters does not adversely impact adjacent parcels or the surrounding neighborhood, and that
they are developed in a manner that protects the health, safety, and general welfare of the nearby
residents and businesses, and the character of the City of Chula Vista.
Emergency shelters may be allowed in the I-L industrial zone or an equivalent limited industrial
zone within a City approved Sectional Planning Area plan or Specific Plan , subject to a non-
discretionary Development Review Permit pursuant to Government Code Section 65583 (a)(4).
Emergency shelters may be allowed in the C-T thoroughfare commercial zone or an equivalent
commercial zone or on land designated as “community purpose facilities" (CPF) within a City
approved Sectional Planning Area plan or Specific Plan with an approved conditional use permit
authorized in accordance with the provisions of CVMC 19.14.040, as may be applicable, and
CVMC 19.14.050 through 19.14.090.
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Emergency shelters are subject to the following standards. Emergency shelters operating for
thirty (30) days or less in any 365-day period which are accessory uses to religious institutions or
religious organizations are exempt from this section:
A. No individual shall be denied emergency shelter because of an inability to pay.
B. Emergency shelters shall be operated under the authority of a governing agency or private
organization that provides, or that contracts to provide, emergency shelters and which, when
required by law, is properly registered and licensed.
C. Emergency shelters shall comply with applicable California Health and Safety Codes.
D. Emergency shelters shall comply with all property development standards of the zone in
which they are located, and in addition, no emergency shelter shall be located within three
hundred feet of another such facility, said measurement being defined as the shortest distance
between the outside walls of the structures housing such facilities.
E. Parking shall be as required by Chapter 19.62 “Off-Street Parking and Loading.”
F. Each emergency shelter shall include, at a minimum, the following:
1. Interior and exterior lighting necessary for security, safety, and operational purposes shall
conform to the California Code of Regulations Title 24, Parts 2, 2.5 and 6 or any successor
provisions as applicable in effect at the time the application is deemed complete. Exterior
lighting shall be stationary, directed away from adjacent properties and public right-of-ways;
2. If client intake is to occur on-site, there shall be an indoor client intake/waiting area equal
to a minimum of ten square feet per bed provided at the facility. If an exterior waiting area is
also provided, it shall be enclosed or screened from public view and adequate to prevent
obstructing of the public right-of-way and required parking and access;
3. Clean, sanitary beds and sanitation facilities, including showers and toiletries; and
4. Segregated sleeping, lavatory and bathing areas if the emergency shelter accommodates
both men and women in the same building. Reasonable accommodation shall be made to
provide segregated sleeping, lavatory and bathing areas for families.
G. At least one facility manager shall be on-site at all hours the facility is open and one hour
prior to and after facility operating hours. At least one full-time equivalent employee shall be
required to be on-site during facility operating hours for every 20 beds in the facility.
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H. Emergency shelters may provide one or more of the following types of supportive facilities
or services for the exclusive use or benefit of the shelter clients:
1. Central cooking and dining room(s);
2. Recreation areas, indoor and/or outdoors;
3. Laundry facilities for clients to wash their clothes;
4. Intake and administrative offices;
5. Counseling and other supportive services; or
6. Secure storage areas for bicycles and other personal possessions.
I. The agency or organization operating the shelter shall have a written Facility Management
Plan consisting of, as applicable, provisions for staff training; neighborhood outreach; security;
screening of residents to ensure compatibility with services provided at the facility; training,
counseling, and treatment programs for residents, and facility information, including the number
of persons who can be served nightly, the location of onsite waiting and intake areas, the
provision of onsite management, and onsite security during hours of operation, as estab lished in
Government Code Section 65583 (a)(4)(A).
19.58.144 Qualified employee housing.
A. Qualified employee housing providing accommodations for six or fewer employees, pursuant
to Health and Safety Code Section 17021.5 (b), shall be deemed a single-family dwelling and is
allowed in residential zones. Qualified employee housing is subject to all municipal codes,
regulations and other standards generally applicable to other residential dwellings of the same
type in the same zone.
B. Qualified employee housing providing accommodations for seven or more employees and
consisting of no more than 36 beds in group quarters or 12 units or spaces designed for use by a
single family or household, pursuant to Health and Safety Code Section 17021.6 (b), shall be
deemed an agricultural land use and is allowed in such zones for agricultural use or an equivalent
agricultural zone within a City approved Sectional Planning Area plan or Specific Plan.
Qualified employee housing is subject to all municipal codes, regulations and other standards
generally applicable to other agricultural activity in the same zone.
19.58.200 Labor camps.
No labor camp structure shall be located closer than 20 feet from any property line, and not
closer than 50 feet from the front lot line. When adjoining an R zone, no structure shall be closer
than 100 feet from the adjoining property line. The aggregate site area shall contain not less than
3,000 square feet of land area for each tent or trailer space or cabin or for each three workers,
and no structure shall be closer than 10 feet from any other structure. A usable recreation area
shall be provided for each labor camp, and shall contain not less than 200 square feet of area for
each dwelling space or unit or each three workers. Access roads and parking areas shall have a
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durable and dustless surface and areas shall be so graded as to dispose of all surface water
accumulated within the area. A temporary certificate of occupancy will be issued for a period not
to exceed one year, subject to renewal. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1356 § 1, 1971; Ord.
1212 § 1, 1969; prior code § 33.901(B)(19)).
19.58.265 Residence, single room occupancy (SRO).
Single room occupancy residences, as defined in CVMC 19.04.194.1 are allowed in multiple-
family residential zones or an equivalent residential zone within a City approved Sectional
Planning Area plan or Specific Plan, subject to Government Code Sections 65589.5 and
65583(c)(1). Single room occupancy residences are subject to all municipal codes, regulations
and other standards generally applicable to multiple-family residential buildings in the same
zone.
19.58.268. Residential facility
Residential facilities, as defined in CVMC 19.04.198.1, for six or fewer residents are allowed in
residential zones or an equivalent residential zone within a City approved Sectional Planning
Area plan or Specific Plan. Residential facilities for seven or more persons are allowed in any
zone as an unclassified use with an approved conditional use permit and shall be authorized in
accordance with the provisions of CVMC 19.14.030 (A), subject to the following standards:
A. If the residential facility consists of individual dwelling units, the maximum density shall not
exceed the maximum permitted residential density of the applicable zone.
B. Only one residential facility may be permitted per lot or premises.
C. Residential facilities are not permitted three hundred (300) feet from another licensed
residential facility with said measurement being defined as the shortest distance between the
outside walls of the structures housing such facilities; provided, however, that residential
facilities for the elderly, drug and alcohol treatment, foster family housing, or transitional shelter
care facilities, as defined in Section 1502(A)(11) of the California Health and Safety Code, are
exempt from the requirements of this Section 19.58.268(C).
D. The facility shall provide off-street parking spaces as required by CVMC 19.62.050 (34).
E. All units designed for people with disabilities shall comply with the standards of Title 24 of
the California Code of Regulations, also known as the California Building Standards Code and.
the applicant must certify that units designed for people with disabilities complies with all
applicable federal and state disabled persons accessibility requirements, including but not limited
to the Federal Fair Housing Act, Section 504 of the Construction Act of 1973, Title II and/or
Title III of the Americans with Disabilities Act of 1990, and the Uniform Federal Accessibility
Standards.
F. Congregate dining facilities may be provided, subject to the following conditions:
1. Dining shall be limited to use by residents, guests, and employees of the individual
facility; dining shall not be open to the public.
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2. A separate service entrance to the kitchen with an adequate loading area shall be provided.
3. Congregate dining floor area shall not count toward calculation of any open space
requirements.
G. The facility may include accessory retail and personal service uses appropriate for the
population served and limited to use by residents, guests, and employees of the individual
facility, subject to the permit requirements of the applicable zone.
1. “Accessory retail” uses are permitted on any site containing attached residential (for sale,
rental or residential facility) exceeding the density of 20 dwelling units per net acre. The use
may offer a limited selection of convenience goods and services for the daily needs of the
residents. Examples may include, but are not limited to: mini-markets under 5,000 square
feet; eating establishments, excluding drive throughs, under 3,000 square feet; retail shops,
walk-up banks and/or automated teller machines, or drug stores under 2,000 square feet; and
personal services under 2,000 square feet.
2. “Personal service” uses provide non-medical retail sales and services to individuals as a
primary use. Examples may include: barber and beauty shops, clothing rental, dry cleaning
pick-up stores with limited equipment, home electronics and small appliance repair,
laundromats (self-service laundries), locksmiths, pet grooming with no boarding, shoe repair
shops, tailors, tanning salons, and travel agencies. Personal services does not include
“Massage parlor”, which is defined separately in this Section.
I. Approval must be obtained from applicable agencies concerning health and safety conditions,
and said residential facility must be licensed by such agencies, as required.
J. If a conditional use permit is required, a business license must be obtained concurrently with
the conditional use permit.
19.58.315 Supportive and transitional housing.
Supportive housing, as defined in CVMC 19.04.290.1, and transitional housing, as defined in
CVMC 19.04.299, are allowed in residential zones or an equivalent residential zone within a
City approved Sectional Planning Area plan or Specific Plan pursuant to Government Code
Section 65583(a)(5), and subject to all municipal codes, regulations and other standards
applicable to other residential dwellings of the same type in the same zone.
P. Chapter 19.62 “Off-Street Parking and Loading,” Section 19.62.050 “Number of
spaces required for designated uses” is hereby amended to revise and add the required parking
for large bedroom dwelling units, efficiency living units, emergency shelters, qualified employee
housing, and residential facilities and renumber accordingly, as follows:
19.62.050 Number of spaces required for designated uses.
In the case of any building, structure or premises, the use of which is not specifically mentioned
herein, or in the opinion of the approving authority is not similar to any use found herein, the
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approving authority may apply a ratio based on a similar existing use not found herein. In
computing parking requirements, a resultant fractional space of one-half shall count as a full
space.
The number of off-street parking spaces required shall be as set forth in the following:
Businesses or Use and Number of Spaces Required
…11. Dwellings, single-family, duplex:
Two for each family or dwelling unit; both spaces shall be in a garage with a minimum
area of 400 square feet (see Chapter 19.22 CVMC for remodeling of garages).
One additional for each bedroom over four bedrooms.
…13. Dwellings, multiple, supportive housing or transitional housing:
One per unit for each efficiency living unit or single room occupancy residence.
One and one-half per unit for each studio or one-bedroom dwelling unit apartment.
Two per unit for each two-bedroom dwelling unit apartment.
Two per unit for each three-bedroom dwelling unit or larger apartment.*
One additional for each bedroom over four bedrooms.
*For every 10 parking spaces required, one of this total may be a “compact” space.
…19. Hotels, /motels, motor hotels:
One space for each living or sleeping unit, plus one space for every 25 units, or portion
thereof, to be provided on the same lot.
…32. Emergency shelters:
One for every five beds, one for each one and one-half persons employed at one time in
the normal operation of the establishment, and one loading space for delivery services.
33. Qualified employee housing:
Qualified employee housing for six or fewer persons shall have the same number of
spaces required for residential dwellings. Qualified employee housing for seven or more
persons shall have one for every three beds, one for each one and one-half persons
employed at one time in the normal operation of the establishment, and one loading space
for delivery services.
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34. Residential facilities:
Residential facilities for six or fewer persons shall have the same number of spaces
required for residential dwellings. Residential facilities for seven or more persons shall
have one for every five (5) beds, one for each person employed at one time in the normal
operation of the establishment, and one loading space for delivery services. (Ord. 3153 §
2 (Exh. A), 2010; Ord. 2584 § 7, 1994; Ord. 2132 § 1, 1985; Ord. 1856 § 1, 1979; Ord.
1531 § 2, 1974; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.801(E)).
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
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 and be in force on the thirtieth day after its final passage.
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
_____________________________________ ____________________________________
Kelly G. Broughton, FASLA Glen R. Googins
Director of Developmental Services City Attorney
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ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE CHAPTER 15.20
“HOUSING CODE” TO DEFINE SINGLE ROOM
OCCUPANCY RESIDENCES, TO REDEFINE HOTEL/MOTEL,
AND TO REQUIRE AN ANNUAL HOUSING PERMIT FOR
SINGLE ROOM OCCUPANCY RESIDENCES
WHEREAS, it is the policy of the City of Chula Vista (City), pursuant to the Federal Fair
Housing Act Amendments (42 U.S.C. Section 3601), hereinafter “FHAA,” the California Fair
Employment and Housing Act, hereinafter “Fair Housing Laws,” and the Housing Element of
the City’s General Plan to facilitate housing for individuals with disabilities and those in need of
emergency shelter, and to facilitate housing affordable to lower-income households, through
reasonable and objective rules, policies, practices and procedures that ensure equal access to
housing in accordance with applicable laws; and
WHEREAS, pursuant to Article 10.6 of the Government Code (Article 10.6), the City
adopted on April 23, 2013 its 2013-2020 Housing Element of the General Plan that specifies its
goals, policies, and implementing programs to address the identified needs of the community,
including individuals with disabilities and lower-income households; and
WHEREAS, the Housing Element contains programs and policies that require
amendments to the City of Chula Vista Municipal Code in compliance with Senate Bill 2
(Chapter 644, Statutes, 2007), Assembly Bill 2634 (Chapter 892, Statutes of 2006) and Sections
17021.5 and 17021.6 of the California Health and Safety Code (qualified employee housing) to
address emergency shelters, single room occupancy residences (SROs), transitional and
supportive housing, residential facilities and qualified employee housing; and
WHEREAS, the revisions contained in this Ordinance to City of Chula Vista Municipal
Code Chapter 15.20 “Housing Code,” to define single room occupancy (SRO) residences,
redefine hotel/motel and to require an annual housing permit for SRO residences, with SRO
permit fees to be set by the City’s master fee schedule, address the required amendments; and
WHEREAS, the Development Services Director has reviewed the Ordinance for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
adoption and implementation of the Ordinance amending Chapter 15.20 of Title 15 of the Chula
Vista Municipal Code (Municipal Code) is not a Project pursuant to State CEQA Guidelines
Section 15378 because the modifications to the Municipal Code are administrative actions that
will not result in physical changes to the environment; therefore, pursuant to State Guidelines
Section 15060(c)(3) no environmental review is required. In addition, notwithstanding the
foregoing, the Director of Development Services has also determined that the adoption and
implementation of the Ordinance amending Chapter 15.20 “Housing Code” of Title 15 of the
Municipal Code to define single room occupancy residences, to redefine hotel/motel, and to
require an annual housing permit for single room occupancy residences will not result in any
physical development in and of itself, and thus will not cause a significant effect on the
SECOND READING AND ADOPTION
2018-10-23 Agenda Packet Page 52
environment. Further, the changes implement existing General Plan policies, objectives, and
programs contained in the Housing Element. The amendment therefore qualifies for an
Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State
Guidelines, which means that the activity is not subject to CEQA;
WHEREAS, the Planning Commission and the Housing Advisory Commission held an
advertised public hearing on the subject Ordinance on September 26, 2018.
WHEREAS, the Planning Commission voted 5-0-0 to adopt PC Resolution No. MPA18-
0011 and thereby recommend that the City Council adopt the Ordinance; and
WHEREAS, the Housing Advisory Commission voted 5-0-0 to adopt HAC Resolution
No. 18-004 and thereby recommend that the City Council adopt the Ordinance; and
WHEREAS, the City Council set the time and place for a hearing on the Municipal Code
Amendment (MPA 2018-0011) and notice of said hearing, together with its purpose, was given
by its publication in a newspaper of general circulation in the City at least ten days prior to the
hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely October 16,
2018, at 5:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council and
said hearing was thereafter closed.
NOW THEREFORE the City Council of the City of Chula Vista does hereby ordain as
follows:
Section I. Consistency with General Plan
The amendments provided for herein are consistent with the City of Chula Vista General
Plan and local, state, and federal law, and the public necessity, convenience, general welfare and
good zoning practice support the amendments.
The City Council has duly considered the Staff Report, considered all recommendations
by staff and public testimony, and all other information available and believes that the Municipal
Code Amendment is in the best interest of the public because it ensures operations for healthy
living environments for guests and surrounding communities. The Amendment includes, but is
not limited to, defining single room occupancy residences, redefining hotel/motel, and requiring
an annual Housing Permit for single room occupancy residences.
Section II. Amendment of Chula Vista Municipal Code Title 15 (Buildings and
Construction)
This Ordinance amends Municipal Code Chapter 15.20 “Housing Code” to define single
room occupancy (SRO) residences, redefine hotel/motel and to require an annual housing permit
for single room occupancy residences, with SRO permit fees to be set by the City’s master fee
SECOND READING AND ADOPTION
2018-10-23 Agenda Packet Page 53
schedule. (Added text is shown in underline format, and deleted text is shown in strike-through
format.)
A. Section 15.20.002 “Definitions” is hereby amended to add, and renumber accordingly,
the definitions of “Single Room Occupancy Residence (SRO)”, and redefine “Hotel/motel, as
follows:
15.20.002 Definitions.
For the purpose of this chapter, unless otherwise expressly stated, the following words and
phrases shall have the meanings respectively ascribed to them by this section:
A. “Guestroom” means a sleeping room in a hotel/motel designed and intended to be used as
lodging for transient visitors to the City as documented by the City Building Official or his
designee;
B. “Hotel/motel” means any building or group of buildings or facility, containing comprised of
six or more guestrooms or suites of rooms, where a majority of such rooms are which is
occupied, or intended or designed for occupancy by guests for temporary lodging or sleeping
purposes for less than thirty (30) consecutive calendar days, and is held out as such to the public
(not including hospitals, residential facilities, qualified employee housing, boarding or lodging
house or single room occupancy residencesconvalescent home or sanitarium;
C. “Residential rental unit” means an apartment house, single room occupancy residence,
boarding or lodging house, or dwelling that is not owner occupied;
D. “Single room occupancy residence (SRO)” means a rooming unit or efficiency living unit
located in a building containing six or more dwelling units that are offered for occupancy by
residential tenants for at least thirty consecutive days. Kitchen and bathroom facilities may be
wholly or partially included in each living space or may be fully shared.
DF. “Toilet room” means a room that can be made private by locking a door that contains a toilet
and shall comply in all ways with the California Building Codes in effect upon its construction.
Toilet rooms may also contain lavatories, bathtubs or showers;
EG. “Transient” as defined in CVMC 3.40.020. (Ord. 3041 § 1, 2006).
B. Section 15.20.040, Section 304 is hereby amended to add single room occupancy
residences as a residential use requiring an annual housing permit, as follows:
Section 15.20.040, Section 304 added to require annual housing permit.
Section 304, and the title precedent thereto, is added to the Uniform Housing Code, as it applies
in Chula Vista, which section shall read as follows:
SECOND READING AND ADOPTION
2018-10-23 Agenda Packet Page 54
Annual Housing Permit.
Section 304.1 It shall be unlawful for any person, firm, partnership, or corporation, either
for himself or itself, or for any other person, firm, partnership, or corporation to own or
operate an apartment house, boarding or lodging house, or hotel/motel, or single room
occupancy residence without first obtaining a housing permit therefor.
Section 304.2 The annual housing permit provided for in this code shall be due and
payable to the city of Chula Vista on the first day of January of each year in advance. The
housing permit fee shall be paid concurrently with the business license fee.
Section 304.3 If any person, firm, partnership or corporation commences the operation of
an apartment house, boarding or lodging house, or hotel/motel, or single room occupancy
residence during the calendar year, the housing permit shall be prorated on a quarterly
pro rata basis for the calendar year.
Section 304.4 A permit to operate and maintain an apartment house, boarding or lodging
house, or hotel/motel, or single room occupancy residence is not transferable.
C. Section 15.20.050, Section 305 is hereby amended to add single room occupancy
residences as a residential use subject to payment of housing permit fees set by the City’s master
fee schedule, as follows:
15.20.050 Section 305 added to require housing permit fees to be set by City’s master fee
schedule.
Section 305, and the title precedent thereto, is added to the Uniform Housing Code, as it applies
in Chula Vista, which section shall read as follows:
Housing Permit Fees – Residential Rental Units, Apartment Houses, Boarding or
Lodging Houses, Hotels/andMotels, or Single Room Occupancy Residences.
Section 305.1 The fee for a housing permit required by Section 304 of this code shall be
as presently designated, or as it may hereafter be amended, as set forth in the master fee
schedule of the city of Chula Vista.
For the purpose of this section, a “unit” shall mean each rental dwelling in an apartment
house or single room occupancy residence, each sleeping room in a hotel, motel, and
boarding or lodging house, and each rental dwelling unitapartment and each hotel/motel
sleeping room in a building containing both apartments and hotel/motel sleeping rooms.
Separate residential rental dwelling units and separate hotel/motel buildings, or
combination thereof, located upon a single parcel of land or contiguous parcels of land,
under the same ownership, shall be treated as one apartment houseresidential rental
building, or hotel/motel, for the purpose of computing the fee prescribed by this section.
SECOND READING AND ADOPTION
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Section 305.2 Penalty for Delinquent Payment. If the housing permit is not paid on or
before the thirtieth day of the month following the date when it became due, then a
penalty in an amount equal to twenty-five percent of the permit fee due and payable shall
be added thereto, and no such permit shall be issued until such penalty has been paid.
Section 305.3 The assistant director of planning and buildingDevelopment Services
Director shall cause to be made such inspections, at such intervals, as shall be deemed
necessary to insure compliance with the provisions of this code.
D. Section 15.20.060, Section 306 is hereby amended to add SRO residence as a residential
use subject to the requirements for an annual housing permit, as follows:
15.20.060 Section 306 added to require suspension or revocation of annual housing permit
where operation is nonconforming.
Section 306, and the title precedent thereto, is added to the Uniform Housing Code, as it applies
in Chula Vista, which section shall read as follows:
Suspension and Revocation of Housing Permit.
Section 306 Whenever it is found that any apartment house, boarding or lodging house,
hotel/or motel, or single room occupancy residence is not being conducted in conformity
with this code, the annual housing permit to operate shall be subject to revocation or
suspension by the building official.
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
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 and be in force on the thirtieth day after its final passage.
SECOND READING AND ADOPTION
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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:
_____________________________________ ____________________________________
Kelly G. Broughton, FASLA Glen R. Googins
Director of Developmental Services City Attorney
SECOND READING AND ADOPTION
2018-10-23 Agenda Packet Page 57
RESOLUTION NO. MPA 18-0009
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING THAT THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ADOPT AN ORDINANCE
AMENDING VARIOUS SECTIONS OF TITLE 19 “PLANNING AND
ZONING” OF THE CITY OF CHULA VISTA MUNICIPAL CODE
TO ADDRESS COMPLIANCE WITH STATE LAWS GOVERNING
SUPPORTIVE RESIDENTIAL USES, AS DEFINED IN CHAPTER
19.04 “DEFINITIONS,” AND FOUND IN CHAPTERS 19.14
“ADMINISTRATIVE PROCEDURES – PERMITS –
APPLICATIONS – HEARINGS - APPEALS,” 19.16 “EXCEPTIONS
AND MODIFICATIONS,” 19.20 “AGRICULTURAL ZONE,” 19.28
“R-3 – APARTMENT RESIDENTIAL ZONE”, 19.38 “C-V – VISITOR
COMMERCIAL ZONE,” 19.40 “C-T - THOROUGHFARE
COMMERCIAL ZONE,” 19.44 “I-L - LIMITED INDUSTRIAL
ZONE,” 19.48 “P-C – PLANNED COMMUNITY ZONE,” 19.54
“UNCLASSIFIED USES,” 19.58 “USES,” AND 19.62 “OFF-STREET
PARKING AND LOADING” TO DEFINE AND ESTABLISH
PROCEDURES TO PERMIT EMERGENCY SHELTERS, SINGLE
ROOM OCCUPANCY RESIDENCES, TRANSITIONAL AND
SUPPORTIVE HOUSING, QUALIFIED EMPLOYEE HOUSING
AND RESIDENTIAL FACILITIES
WHEREAS, it is the policy of the City of Chula Vista (City), pursuant to the Federal Fair
Housing Act Amendments (42 U.S.C. Section 3601), hereinafter “FHAA,” the California Fair
Employment and Housing Act, hereinafter “Fair Housing Laws,” and the Housing Element of
the City’s General Plan to facilitate housing for individuals with disabilities and those in need of
emergency shelter, and to facilitate housing affordable to lower-income households, through
reasonable and objective rules, policies, practices and procedures that ensure equal access to
housing in accordance with applicable laws; and
WHEREAS, pursuant to Article 10.6 of the Government Code (Article 10.6), the City, on
April 23, 2013, adopted its 2013-2020 Housing Element of the General Plan, which specifies its
goals, policies, and implementing programs to address the identified needs of the community,
including individuals with disabilities and lower-income households; and
WHEREAS, the Housing Element contains programs and policies that require
amendments to the City of Chula Vista Municipal Code in compliance with Senate Bill 2
(Chapter 644, Statutes, 2007), Assembly Bill 2634 (Chapter 892, Statutes of 2006) and Sections
17021.5 and 17021.6 of the California Health and Safety Code (qualified employee housing) to
address emergency shelters, single room occupancy residences (SROs), transitional and
supportive housing, residential facilities and qualified employee housing; and
WHEREAS, the revisions to Title 19 “Planning and Zoning” of the Chula Vista
Municipal Code contained in the subject Ordinance address the required amendments and
2018-10-23 Agenda Packet Page 58
PC Resolution MPA18-0009
September 26, 2018
Page -2-
provide for greater clarification or repeal of other definitions of similar land uses such as hotels,
motels, efficiency apartments, and labor camps; and
WHEREAS, the Development Services Director has reviewed the subject Ordinance for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
adoption and implementation of the Ordinance amending Title 19 of the Chula Vista Municipal
Code (Municipal Code) is not a Project pursuant to State CEQA Guidelines Section 15378
because the modifications to the Municipal Code are administrative actions that will not result in
physical changes to the environment; therefore, pursuant to State Guidelines Section 15060(c)(3)
no environmental review is required. In addition, notwithstanding the foregoing, the Director of
Development Services has also determined that the adoption and implementation of the
Ordinance amending Title 19 of the Municipal Code by adding definitions and procedures for
emergency shelters, single room occupancy residences, transitional and supportive housing,
residential facilities, and qualified employee housing and providing for greater clarification or
repealing of other definitions of similar land uses such as hotels, motels, efficiency apartments
and labor camps will not result in any physical development in and of itself, and thus will not
cause a significant effect on the environment. Further, the changes implement existing General
Plan policies, objectives, and programs contained in the Housing Element, and are required to be
adopted to conform to State law. The amendment therefore qualifies for an Exemption pursuant
to Section 15061(b)(3) of the CEQA State Guidelines, which means that the activity is not
subject to CEQA; and
WHEREAS, a hearing time and place was set by the Planning Commission and the
Housing Advisory Commission to consider the Chula Vista Municipal Code amendments and
notice of said hearing, together with its purpose, was given by its publication in a newspaper of
general circulation in the City, at least ten (10) days prior to the hearing; and
WHEREAS, the Planning Commission and Housing Advisory Commission held a duly
noticed public hearing to consider said code amendments at the time and place as advertised in
the City Council Chambers, 276 Fourth Avenue, and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby
recommends that the City Council of the City of Chula Vista adopt the proposed amendments to
Title 19 of the Chula Vista Municipal Code related to Emergency Shelters, Single Room
Occupancy Residences, Transitional and Supportive Housing, Qualified Employee Housing and
Residential Facilities.
BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the
City Council.
Presented by: Approved as to form by:
_________________________ _____________________
Kelly G. Broughton, FASLA Glen R. Googins
Director of Development Services City Attorney
2018-10-23 Agenda Packet Page 59
PC Resolution MPA18-0009
September 26, 2018
Page -3-
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY
OF CHULA VISTA, CALIFORNIA, this 26th day of September 2018, by the following vote, to-
wit:
AYES: Burroughs, Calvo, Milburn, Nava, and Gutierrez
NOES:
ABSENT: Anaya, Zaker
ABSTENTIONS:
________________________
Gabe Gutierrez
Chairperson
____________________________
Patricia Laughlin,
Secretary to Planning Commission
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RESOLUTION NO. MPA18-0011
RESOLUTION OF THE CITY OF CHULA VISTA
PLANNING COMMISSION RECOMMENDING THAT THE
CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPT
AN ORDINANCE AMENDING CHULA VISTA
MUNICIPAL CODE CHAPTER 15.20 “HOUSING CODE”
TO DEFINE SINGLE ROOM OCCUPANCY RESIDENCES,
TO REDEFINE HOTEL/MOTEL, AND TO REQUIRE AN
ANNUAL HOUSING PERMIT FOR SINGLE ROOM
OCCUPANCY RESIDENCES
WHEREAS, it is the policy of the City of Chula Vista (City), pursuant to the Federal Fair
Housing Act Amendments (42 U.S.C. Section 3601), hereinafter “FHAA,” the California Fair
Employment and Housing Act, hereinafter “Fair Housing Laws,” and the Housing Element of
the City’s General Plan to facilitate housing for individuals with disabilities and those in need of
emergency shelter, and to facilitate housing affordable to lower-income households, through
reasonable and objective rules, policies, practices and procedures that ensure equal access to
housing in accordance with applicable laws; and
WHEREAS, pursuant to Article 10.6 of the Government Code (Article 10.6), the City
adopted on April 23, 2013 its 2013-2020 Housing Element of the General Plan that specifies its
goals, policies, and implementing programs to address the identified needs of the community,
including individuals with disabilities and lower-income households; and
WHEREAS, the Housing Element contains programs and policies that require
amendments to the City of Chula Vista Municipal Code in compliance with Senate Bill 2
(Chapter 644, Statutes, 2007), Assembly Bill 2634 (Chapter 892, Statutes of 2006) and Sections
17021.5 and 17021.6 of the California Health and Safety Code (qualified employee housing) to
address emergency shelters, single room occupancy residences (SROs), transitional and
supportive housing, residential facilities and qualified employee housing; and
WHEREAS, the revisions contained in the subject Ordinance to City of Chula Vista
Municipal Code Chapter 15.20 “Housing Code,” to define single room occupancy (SRO)
residences, redefine hotel/motel and to require an annual housing permit for SRO residences,
with SRO permit fees to be set by the City’s master fee schedule, address the required
amendments; and
WHEREAS, the Development Services Director has reviewed the subject Ordinance for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
adoption and implementation of the Ordinance amending Chapter 15.20 of Title 15 of the Chula
Vista Municipal Code (Municipal Code) is not a Project pursuant to State CEQA Guidelines
Section 15378 because the modifications to the Municipal Code are administrative actions that
will not result in physical changes to the environment; therefore, pursuant to State Guidelines
Section 15060(c)(3) no environmental review is required. In addition, notwithstanding the
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PC Resolution MPA18-0011
September 26, 2018
Page -2-
foregoing, the Director of Development Services has also determined that the adoption and
implementation of the Ordinance amending Chapter 15.20 “Housing Code” of Title 15 of the
Municipal Code to define single room occupancy residences, to redefine hotel/motel, and to
require an annual housing permit for single room occupancy residences will not result in any
physical development in and of itself, and thus will not cause a significant effect on the
environment. Further, the changes implement existing General Plan policies, objectives, and
programs contained in the Housing Element. The amendment therefore qualifies for an
Exemption pursuant to Section 15061(b)(3) of the CEQA State Guidelines, which means that the
activity is not subject to CEQA; and
WHEREAS, a hearing time and place was set by the Planning Commission and the
Housing Advisory Commission to consider the Chula Vista Municipal Code amendments and
notice of said hearing, together with its purpose, was given by its publication in a newspaper of
general circulation in the City, at least ten (10) days prior to the hearing; and
WHEREAS, the Planning Commission and Housing Advisory Commission held a duly
noticed public hearing to consider said code amendments at the time and place as advertised in
the City Council Chambers, 276 Fourth Avenue, and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby
recommends that the City Council of the City of Chula Vista adopt the proposed amendments to
Chula Vista Municipal Code Chapter 15.20 “Housing Code” to define single room occupancy
residences, to redefine hotel/motel, and to require an annual Housing Permit for single room
occupancy residences.
BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the
City Council.
Presented by: Approved as to form by:
_________________________ _____________________
Kelly G. Broughton, FASLA Glen R. Googins
Director of Development Services City Attorney
2018-10-23 Agenda Packet Page 66
PC Resolution MPA18-0011
September 26, 2018
Page -3-
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY
OF CHULA VISTA, CALIFORNIA, this 26th day of September 2018, by the following vote, to-
wit:
AYES: Burroughs, Calvo, Milburn, Nava, and Gutierrez
NOES:
ABSENT: Anaya, Zaker
ABSTENTIONS:
________________________
Gabe Gutierrez
Chairperson
____________________________
Patricia Laughlin,
Secretary to Planning Commission
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Attachment 5
ALTERNATIVE PROPOSED PARKING REQUIRMENTS
HOMES WITH FIVE (5) BEDROOMS OR MORE
The number of off-street parking spaces required shall be as set forth in the following:
Businesses or Use and Number of Spaces Required
…11. Dwellings, single-family, duplex:
Two for each family or dwelling unit; both spaces shall be in a garage with a minimum
area of 400 square feet (see Chapter 19.22 CVMC for remodeling of garages).
One additional for each bedroom over four bedrooms, except those dwellings located
within one-half (½) mile from a major transit stop or high quality transit corridor or that
is otherwise consistent with such definitions of "major transit stop" and “high quality
transit corridor” as contained in California Public Resources Code Section 21155.
…13. Dwellings, multiple, supportive housing or transitional housing:
One per unit for each efficiency living unit or single room occupancy residence.
One and one-half per unit for each studio or one-bedroom dwelling unit apartment.
Two per unit for each two-bedroom dwelling unit apartment.
Two per unit for each three-bedroom dwelling unit or larger apartment.*
One additional for each bedroom over four bedrooms, except those dwellings located
within one-half (½) mile from a major transit stop or high quality transit corridor or that
is otherwise consistent with such definitions of "major transit stop" and “high quality
transit corridor” as contained in California Public Resources Code Section 21155.
*For every 10 parking spaces required, one of this total may be a “compact” space.
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Attachment 6
2018 Zoning Code Amendments
Supportive Residential Land Uses
Public Participation Process
Project
State law requires local governments to address housing for diverse populations through local
zoning. To comply with the State requirements, the City is proposing text amendments to revise
the zoning regulations to accomplish the following:
Define emergency shelter and allow emergency shelters by right within the Limited
Industrial (I-L) zone and as a conditional use within the Thoroughfare Commercial (CT)
zone and as a community purpose facility (Government Code § 65582 (j) and 65583
(a)(4)).
Define transitional and supportive housing and subject only to those restrictions that
apply to other residential dwellings of the same type in the same zone (Government
Code § 65582 (g) and (j) and 65583 (a)(5)).
Define employee housing (primarily for agricultural employees) and permit as an
agriculture use subject only to those restrictions that apply to agricultural uses in the
same zone, and permit employee housing for six or fewer employees in all residential
zones, subject only to those standards generally applicable to single-family dwellings
(Health & Safety Code § 17021.5 (b) and 17021.6 (b)).
Define single-room occupancy residences and permit within the R-3 Apartment
Residential and Office Commercial (CO) zone (Government Code § 65583 (c)(1)) and
include single room occupancy residences under the City’s Housing Code requiring an
annual housing permit.
Define licensed residential facilities, permit facilities for six or fewer people in all
residential zones, and permit facilities for seven or more people as an unclassified use
subject to a conditional use permit (Government Code § 65583 (c)(3), Federal Fair
Housing Act Amendments and California Fair Employment and Housing Act).
Clean up of various other land uses to provide clarity of definitions and to ensure fair and
equal treatment of such uses
Level of Public Participation
To Inform with the goal of providing the public with balanced and objective information to assist
them in understanding the problems and the project, alternatives and/or solutions, the decision
process, and also to provide feedback on how public input may have influenced the outcome.
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2018 Zoning Code Amendments
Supportive Residential Land Uses
Public Participation Process
P a g e | 2
Inform the community about the need for housing, particularly for the more vulnerable in
the community, the requirements of State law and consequences, and how the City is
proposing to revise the Chula Vista Municipal Code to comply with State law.
Provide answers to questions and engage the community in constructive conversation
related to the Project.
Inform of the schedule/timeline.
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2018 Zoning Code Amendments
Supportive Residential Land Uses
Public Participation Process
P a g e | 1
Public Review
Information regarding the proposed amendments to the CVMC was made available to the public
through the Development Services Housing Division’s website at
www.chulavistaca.gov/housing. A draft of the proposed Supportive Residential Land Use
Ordinance updating the Planning and Zoning Code, a copy of the presentation, notices and
comments was made available to review at www.chulavistaca.gov/housing and at the following
locations:
Civic Center Library (365 F St)
South Chula Vista Library (389 Orange Ave)
Development Services Department – Front Counter
Bldg B & Housing Division Building C (276 Fourth Ave)
City Clerk’s Office (276 Fourth Ave)
Public Meetings & Briefings (August 23-Sept 25, 2018)
Several opportunities were provided for the community and interested parties to learn
and understand the proposed amendments to the Chula Vista Municipal Code Update
and included the following:
Description Date & Time Location
Housing Advisory Commission Wed, Jan 25, 2017
3:30 pm
Chula Vista Civic Center
Building C, CR C-101
276 4th Ave, Chula
Vista, CA 91910
Development Oversight Committee Thurs, Aug 23, 2018
10 – 11:30 am
Chula Vista Civic Center
Building C, CR B111-112
276 4th Ave, Chula
Vista, CA 91910
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2018 Zoning Code Amendments
Supportive Residential Land Uses
Public Participation Process
P a g e | 2
Description Date & Time Location
Community/Stakeholder (early evening)
Thurs, Sept 13, 2018
6-7:30 pm
Chula Vista Police Dept
Community Room
315 4th Ave, Chula
Vista, CA 91910
Community/Stakeholder Meeting (day)
Mon, Sept 17, 2018
10 am – 11:30 am
Norman Park Senior
Center
270 F St, Chula Vista,
CA 91910
Briefing:
Southwest Chula Vista Civic Association
Oct 2018
Sending invite to membership for
Community Meetings
Briefing: Crossroads II Sending invite to membership for
Community Meetings
Briefing: Chula Vista Community
Collaborative
Tues, Sept 11, 2018
9:00 AM – 11:00 AM
270 C Street, Chula
Vista, CA 91910
Briefing: San Diego Housing Federation
Policy Subcommittee
second Wednesday of the month
Wed, Sept 12, 2018
9:00 AM – 10:30 AM
3939 Iowa Street
Suite 1
San Diego, CA,
92104
Public Hearings
Description Date & Time Location
Joint Meeting
Planning Commission
2nd & 4th Wednesday of the Month
Housing Advisory Commission
Special Meeting
Wed, September 26, 2018 at
6 pm
Chula Vista City Hall
Council Chambers
276 Fourth Avenue
Chula Vista CA
91910
City Council
Tues, October 16, 2018 at 5
pm – First Reading
Tues, October 23, 2018 at 5
pm – Second Reading &
Adoption
Ordinance shall take effect and be
in force on the thirtieth day after its
final passage.
Chula Vista City Hall
Council Chambers
276 Fourth Avenue
Chula Vista CA
91910
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Noticing and Advertisement
Noticing and advertisement of the community meetings and actions before legislative bodies
included the following:
Display ad published in the Star News on Friday, September 7, 2018;
Direct mailings to 25 persons/organizations;
Distribution of invitations and notices via electronic mail from the City to nearly 250
persons/organizations;
Email blasts directly from Chula Vista Community Collaborative, San Diego Housing
Federation, Southwest Civic Association and Crossroads II to their members;
Posting of the meetings through the City’s social media (e.g. Facebook);
Information on the City’s website (e.g. City Calendar and DSD Housing Division);
and,
Posting of flyers at key City facilities (libraries and City Hall) within Chula Vista.
Community/Stakeholders
Invited to all meetings and to receive all notifications/updates
Housing and Social Service Providers/Policy & Advocacy
Regional Taskforce on the
Homeless
CoC San Diego
cocsandiego@rtfhsd.org
Regional Homeless
Taskforce
Attn Megan Dunn
4699 Murphy Canyon Rd Ste
104, San Diego, Ca 92123
Megan Dunn
megan.dunn@rtfhsd.org
San Diego Housing Federation
Policy Subcommittee
Laura Nunn
laura@housingsandiego.org
San Diego Housing
Federation
Attn Laura Nunn
3939 Iowa St Suite 1
San Diego Ca 92104
Community Collaborative Margarita Holguin
Margarita.holguin@cvesd.org
Cv Community
Collaborative
Attn Margarita Holguin
540 G Street
Chula Vista Ca 91910
Alpha Project Alpha Project
Amy Gonyeau
3737 Fifth Ave, Suite 203
San Diego, Ca 92103
Interfaith Housing Foundation Matt Jumper San Diego Interfaith
Housing Foundation
Attn Matt Jumper
4330 30th St
San Diego, Ca 92104
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Housing and Social Service Providers/Policy & Advocacy
Community for Supportive
Housing
Amaris Sanchez
amaris.sanchez@csh.org
Community Supportive
Housing
Amaris Sanchez
328 Maple St Fl 4
San Diego, Ca 92103
South Bay Community
Services
Kathie Lembo
klembo@csbcs.org
South Bay Community
Services
Attn Kathy Lembo
430 E St
Chula Vista Ca 91901 Dina Chavez
dchavez@csbcs.org
Salvation Army Salvation Army
2320 Fifth Avenue
San Diego, Ca 92101
St. Paul’s Cheryl Wilson St. Paul’s Senior Services
Cheryl Wilson
328 Maple Street
San Diego, Ca 92103
South Bay Pioneers Tom Clavell
tom@sbpioneers.org
South Bay Pioneers
270 C St
Chula Vista, Ca 91910
MAAC Project Frank Munoz
fmunoz@maacproject.org
Arnulfo Manriquez
amanriquez@maacproject.org
Community Through Hope
Rosy Vasquez
rosyv2000@yahoo.com
rosy@communitythroughhope.org
Community Groups
Southwest Civic Association Theresa Acerro
thacerro@yahoo.com
Crossroads Peter Watry
p.watry@cox.net
ACCE Paola Martinez
pmartinez@calorganize.org
Business Groups
TAVA Luanne Hulsizer
Director@thirdavenuevillage.com
TAVA
353 Third Avenue
Chula Vista Ca 91910
Chamber of Commerce Lisa Cohen
Lisa@chulavistachamber.org
CV Chamber Of Commerce
Attn Lisa Cohen
233 Fourth Ave
Chula Vista Ca 91910
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Housing and Social Service Providers/Policy & Advocacy
South County EDC
South County EDC
Attn Cindy Gomper Graves
1111 Bay Blvd, Suite E
Chula Vista Ca 91911
Development Oversight
Committee
Pacific Southwest Assoc of
Realtors
George Ching
george@psar.org
PSAR
Attn Governmental Affairs
880 Canarios Court
Chula Vista Ca 91910
Rich D’Ascoli
rich@psar.org
BIA Matt Adams
matt@biasandiego.org
BIA
Attn Matthew Adams
9201 Spectrum Center
Blvd.,
Suite 110
San Diego Ca 92123
SD Apartment Association
SD Apartment Association
3702 Ruffin Rd
San Diego, Ca 92123
Environmental Health
Coalition
Environmental Health
Coalition
2727 Hoover, Suite 202
National City Ca 91950
Residential Developers
Meridian Rey Ross
RRoss@meridiandevelopment.com
Baldwin & Sons Stephen Hasse
smhaase@baldwinsons.com
Baldwin And Sons
Attn Stephen Haase
610 West Ash, Suite 1500
San Diego Ca 92101
Nick Lee
nlee@baldwinsons.com
Mora de Murguia
mdemurguia@baldwinsons.com
RHConsultinggroup Ranie Hunter
Ranie@RHConsultinggroup.com
Home Fed Curt Smith
csmith@hfc-ca.com
Steve Levenson
SLevenson@hfc-ca.com
Chelsea Investment Corp Adam Gutteridge
agutteridge@chelseainvestco.com
CIC
Attn Adam Gutteridge
6339 Paseo Del Lago
Carlsbad Ca 92011
San Diego Community
Housing Corp
Tannis Demers
tannis@ots-sdchc.org
SD Community Housing
Corp
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Housing and Social Service Providers/Policy & Advocacy
Ted Miyahara
ted@ots-sdchc.org;
Ted Miyahara
6160 Mission Gorge Road,
Suite 204
San Diego, Ca 92120-3411
Community Housing Works
Sue Reynolds
sreynolds@chworks.org;
Community Housing Works
Attn Sue Reynolds
2815 Camino Del Rio South
San Diego Ca 92108
Wakeland
Rebecca Louie
rlouie@wakelandhdc.com
Wakeland
Attn Rebecca Louie
1230 Columbia Street, Ste.
950
San Diego Ca 92101
Other Agencies/Jurisdictions
Chula Vista Elementary School
District
Carolyn Scholl
carolyn.scholl@cvesd.org
Cvesd
Attn Carolyn Scholl
84 East J Street
Chula Vista Ca 91910
Sweetwater Union High
School District
Molly Ravenscroft
Molly.Ravenscroft@sweetwaterschools.org
Suhsd
Planning & Construction
Dept
1130 Fifth Avenue
Chula Vista Ca 91911
SANDAG Seth Litchney
Seth.Litchney@sandag.org
City of National City Alfredoy@nationalcityca.gov;
megan.dunn@rtfhsd.org;
City Of National City
Housing & Econ Dev
Alfredo Ybarra
140 East 12th Street
National City, Ca 91950
County of San Diego HCD David Estrella
David.Estrella@sdcounty.ca.gov
County Of San Diego
David Estrella
3989 Ruffin Rd
San Diego, Ca 92123
State of California HCD Robin Huntley
Robin.Huntley@hcd.ca.gov
City of Chula Vista
DSD Upcoming & New
Developments Subscription
List
Email Distribution List – Notification of
Upcoming & New Developments
Chula Vista Housing Advisory
Commission
Ana Ruthy
anaruthy96@yahoo.com
Anna Cabral
annacabral@hotmail.com
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Housing and Social Service Providers/Policy & Advocacy
James Merino
jmerino@ectlc.org
Jennifer Bustamante
bustamante.jeni@gmail.com
Lillian Uly
UyLiLLian@gmail.com
Patrick MacFarland
macfarland.patrick@gmail.com
Sergio Quero
sergioquero5@gmail.com
Vicki Lisama
vlisama@usecu.org
Chula Vista Mobilehome
Advisory Commission
manueldelgado@cox.net
vlady_dmytrenko@att.net
Rebecca Louie rlouie@wakelandhdc.com
RudyG1229@cox.net
sohle@aol.com
Kenneth Smith <kentrish2@cox.net
Chula Vista Police Dept Henry Martin
HMartin@chulavistapd.org
Francis Giaime
FGiaime@chulavistapd.org
City Attorney’s Office Megan McClurg
MMcClurg@chulavistaca.gov
Development Services Dept Jose Dorado
JDorado@chulavistaca.gov
Kim Vander Bie
kvanderbie@chulavistaca.gov
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Summary of Comments
A total of twenty-six persons were in attendance at the two informational meetings held
on Thursday, September 13, 2018 at 6 pm and Monday, September 17, 2018 at 10 am.
The following represents the comments received and responses provided at such time
and as further clarified. A copy of the comments and responses is available on the
City’s Housing Division website at www.chulavistaca.gov/housing and was emailed to
those attendees who provided email addresses.
Comments Response
Emergency Shelters
What services, such as medical
services, are required as part of an
emergency shelter?
An emergency shelter will be defined consistent with
the State’s definition (Health and Safety Code §
50801 (e)):
“Housing with minimal supportive services for
homeless persons that is limited to occupancy
of six months or less by a homeless person.
No individual or household may be denied
emergency shelter because of an inability to
pay.”
No services are required and, if provided, are
minimal in nature. Emergency shelters are typically
a structure with beds and meals provided on a short
term basis.
Single Room Occupancy Residences
Does Chula Vista have a SRO
replacement ordinance?
No, the City does not have a SRO replacement
ordinance. At this time, the single room occupancy
land use is a proposed new land use and there are
no existing residential hotels within Chula Vista.
An SRO replacement ordinance will be part of the
ongoing work program for updates to the CVMC.
Parking
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Comments Response
Support higher parking requirements
for larger residential dwelling units (5
bedrooms or more). However,
parking for these homes should not
be provided in the front or side yard
setbacks despite a requirement for a
minimum of 25 foot or 40 foot
driveway. The City has limited
resources (e.g. Code Enforcement)
to enforce such conditions. The front
and side yards should not be used for
parking and would like to see more
as landscaped areas.
Updates to CVMC Chapter 19.62 “Off-Street
Parking and Loading” propose a requirement for
one additional parking space for each bedroom over
four bedrooms. However, the proposed update has
been revised to eliminate language allowing the
required parking within the front or side yard setback
under certain conditions. Parking shall be provided
in conformance with the existing CVMC Chapter
19.62.
The parking ratio for SROs and
efficiency living units at one space
per unit may be too stringent as the
intended population group utilizes
public transportation.
The parking ratio of one space per unit is consistent
with other transitory uses within the CVMC (e.g.
hotels/motels and boarding/rooming houses).
Should such residential uses be comprised of
housing affordable to low income households and
located near transit, reduced parking ratios under
California Government Code Section 65915 may
apply.
Homelessness
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Homeless are leaving trash, junk and
debris on properties and streets that
the City should address.
The Chula Vista Homeless Outreach Team (HOT)
consists of a collaboration of City staff including the
Chula Vista Police Department (CVPD), Public
Works, and Parks and Recreation, along with
several community partners such as including San
Diego Family Health Center, McAlister Institute,
Community Through Hope, Bay View Hospital,
Scripps Hospital, South Bay Community Services,
Veterans Affairs, South Bay Pioneers, East County
Transitional Living Center, South Bay Guidance
Center, and the San Diego County Health and
Human Services Agency. This multi-disciplinary
group focuses on outreaching to the homeless
population daily. Specific emphasis is made on
Tuesdays when the group provides outreach to five
City parks: Eucalyptus, Friendship, Harborside,
Lauderbach, and Memorial. Additionally, Park
Rangers, Public Works and Code Enforcement work
towards the removal of unattended items and trash
and debris within the parks and other public areas,
as well as work with owners of identified private
properties. From January 2018 through August
2018, Park Rangers have removed 106,330 lbs. of
trash and 1,033 shopping carts from various
locations throughout the City.
Tiny Homes
Does Chula Vista have a tiny homes
ordinance?
The proposed CVMC updates do not address the
use of tiny homes as a residential structure.
The current CVMC does not prohibit tiny homes
within Chula Vista. Tiny homes would be reviewed
for its compliance with building codes related to a
recreational vehicle, mobilehome, manufactured
home, etc. and subject to all municipal codes,
regulations and other standards applicable to other
residential dwellings of the same type in the same
zone. Reference State HCD Memo 2016-01.
Comments Response
Accessory Dwelling Units
Does Chula Vista have an Accessory
Dwelling Unit ordinance in compliance
with State law?
The proposed CVMC updates do not address
Accessory Dwelling Units.
Yes, the City adopted an ordinance for Accessory
Dwelling Units and Junior Accessory Dwelling Units
in April 2018.
Group Living Arrangements
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Support providing housing for frail
and vulnerable population groups but
with a level of oversight and
management so as not to impact
surrounding community.
The proposed CVMC updates do not address Group
Living Arrangements.
The City may not regulate unlicensed group homes
where unrelated individuals reside if those unrelated
individuals are living as a single housekeeping or
family unit. California's Constitution contains an
express right to privacy. Over the years, the Court
has found that this right includes "the right to be left
alone in our own homes" and has explained that
"the right to choose with whom to live is
fundamental."1 Consequently, the California courts
have struck down local ordinances that attempt to
control who lives in a household—whether families
or unrelated persons, whether healthy or disabled,
whether renters or owners. Based on the privacy
clause in the State Constitution, California case law
requires cities to treat groups of related and
unrelated people identically when they function as
one household.
Group homes are seen as a business
that should not be allowed within R-1
or single family neighborhoods.
Single family homes in residential
neighborhoods are being rented to
multiple unrelated persons for high
rents.
California law explicitly protects both unlicensed
group living arrangements living as a household unit
and licensed group living arrangements serving six
or fewer residents. State law requires local
jurisdictions to consider a licensed group living
arrangement serving six or fewer residents as a
residential use of property and as a family for
purposes of any law or zoning ordinance that relates
to residential uses of property.
Other laws such as the Federal Fair Housing Act (42
U.S.C. Section 3601) and the California Fair
Employment and Housing Act provide protection for
group living arrangements, regardless of their size, if
they serve certain protected persons, such as
disabled persons. In effect, these laws prohibit
restrictive regulations on group living arrangements
serving these protected classes no matter how
many people live in the home.
It is difficult to distinguish between residents living
together in a shared environment and operating as
a household unit versus boarders who may be
individual tenants paying rent for the exclusive use
of a room and certain facilities with no interaction or
sharing of the living environment amongst others.
1 Coalition Advocating Legal Housing Options v. City of Santa Monica, 88 Cal. App. 4th 451, 459-60 (2001)
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High number of residents living in a
single family home. Example of 12
persons renting out a five bedroom
home. What are the occupancy limits
for housing?
Occupancy restrictions are set by the Uniform
Housing Code (the “UHC”). The UHC establishes
the number of people who may live in a house
based on its size. Local jurisdictions cannot impose
more restrictive occupancy limits than those
established in the UHC. The UHC provides that at
least one room in a dwelling unit must have 120
square feet. Other rooms used for living must have
at least 70 square feet (except kitchens). If more
than two persons are using a room for sleeping
purposes, there must be an additional 50 square
feet for each additional person. The Code does not
distinguish between a bedroom, living room, dining
room, and kitchen. All rooms can be used for
sleeping except bathrooms, hallways, closets, and
stairwells. Using this standard, a five bedroom home
with 1,460 square feet of bedroom, living room,
dining room and family room space, can
accommodate up to 33 persons.
Can an HOA restrict the use of
homes and set occupancy limits?
Fair housing laws prohibit the discrimination in the
sale, rental, and financing of dwellings, and in other
housing-related transactions based upon disability,
familial status, source of income, race, occupancy
by low and moderate income persons, and many
other factors.
Such laws are applicable to all housing providers,
such as real estate agents, builders, contractors,
condominium associations, financial institutions,
rental/leasing agents, insurance agencies and
advertising agencies.
Therefore, State and Federal Fair Housing laws
would prevail.
Neighborhood Impacts: Residents
may abide by the rules of the group
living homes when on-site and in the
home but at times choose to go out
into the neighborhood to take part in
activities such as drug use. When
residents are evicted from the group
home, they choose to stay homeless
within the neighborhood they know,
which is a single family
neighborhood. As a result of the
impacts, these homes are high
utilizers of City resources, such as
Police and Code Enforcement.
The Chula Vista Police Department is able to
investigate criminal activity and vehicle code
violations, regardless of whether they occur in
relation to a group living arrangement or non-group
living arrangement residents/property.
Contacts to Report Issues of Concern
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Balance the rights of protected
classes under Fair Housing with the
rights of the community as a whole.
These are complex issues arising out of Federal and
State laws where at times one groups’ rights may be
in conflict with another.
Understanding of the complexity of
the issues and federal and state
policies and actions that affect the
ability to oversee group homes.
Looking for leadership from the City
to make in roads where possible to
address impacts. Where can change
be effected?
The City and its City Attorney’s Office, Code
Enforcement, Housing Division and Police
Department continue to discuss the impacts and
issues surrounding group living arrangements. The
City will continue to look to case law, best practices
and other resources to address impacts of such
housing on the quality of life for the greater
community.
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Affordable Housing
More affordable housing is needed.
Projects like those at Third & K and
Third & L St (Serrano) have been
marketed as being affordable when
they are not.
The proposed CVMC updates do not address
directly the City’s Balanced Communities affordable
housing policy. By updating the CVMC to allow for
supportive residential land uses that may provide a
housing choice for economically vulnerable
population groups, the City will be implementing
State laws aimed at facilitating such housing
choices.
The State of California has acknowledged the
housing crisis particularly for those lower income
families as demonstrated through recent legislation,
funding programs and incentives made available to
facilitate the provision of housing.
While both the Third & K and Third and L St housing
developments are not deed restricted to specifically
limit rent and occupancy to low income tenants,
such housing has relatively reasonable housing
costs for Chula Vista working families. Housing at
varying price points and product types are needed
to accommodate all economic segments of the
population.
What is the City’s requirement for
affordable housing? Needs to be 25
percent of all housing constructed
The City of Chula Vista adopted in the 1980’s, with
the annexation of the Otay Ranch properties, a
Balanced Communities policy that requires 5
percent of all newly constructed housing be
affordable to low income households and an
additional 5 percent for moderate income
households, for a total of 10 percent of such
housing affordable to low and moderate income
households.
As the City embarks on the next Housing Element
cycle covering that period from 2021 to 2028, the
City will be reviewing, and as appropriate modifying,
its housing related policies to effectively address the
existing and future housing needs of the community.
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Invitation
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E-mail Invitation
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Star News Display Ad – 09/07/2018
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Presentation
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October 23, 2018 File ID: 18-0404
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE SUBMITTAL OF
AN APPLICATION FOR THE CALRECYCLE RUBBERIZED PAVEMENT GRANT PROGRAM FOR FISCAL YEAR
2018-2019, AUTHORIZING THE DIRECTOR OF ENGINEERING AND CAPITAL PROJECTS OR HIS DESIGNEE
TO SECURE GRANT FUNDS AND IMPLEMENT THE APPROVED GRANT PROJECT FOR A PERIOD OF THREE
YEARS
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
Staff proposes to submit a grant application for the Rubberized Pavement Grant Program for Fiscal Year
2018-2019 administered by the Department of Resources Recycling Recovery (CalRecycle) in the amount
of $350,000. If awarded, the CalRecycle grant funds will be used to supplement the funding appropriated
under Major Pavement Rehabilitation FY2018-19 (CIP# STM0397).
ENVIRONMENTAL REVIEW
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 1
Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines. Thus,
no further environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
CalRecycle administers various grant programs to promote the State of California (State) efforts to reduce,
recycle and reuse solid waste generated in the State, thereby preserving landfill capacity and protecting
public health and safety and the environment.
The CalRecycle Rubberized Pavement Grant Program promotes markets for Rubberized Asphalt Concrete
(RAC) products with crumb rubber derived from California-generated waste tires. The program is
designed to encourage first-time or limited users of rubberized pavement. The City is only allowed to apply
for the Rubberized Chip Seal category of the grant six times. Since the City has received three previous
Rubberized Chip Seal category grants, the City remains eligible to receive this grant.
The FY 2018-19 Capital Improvement Program (CIP) includes the Major Pavement Rehabilitation project
(CIP# STM0397) for existing City streets. The priority list of locations was developed based on the
recommendations of the City’s Pavement Management System (PMS). Staff will submit the proposed list of
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locations (Attachment 1) for grant consideration under the Rubberized Chip Seal program. If the grant is
awarded, it will increase the project funding and allow the City to include additional street locations for
treatment.
Since the City’s pavement rehabilitation and maintenance efforts are also positively impacted by the
available Measure P (local sales tax) and SB1 (gas tax) funds, the priority list attached to this item may
likely not reflect the exact roadway segments being treated with the received CalRecycle grant funds. The
City may amend this list post grant award due to field evaluations, final cost estimates and changes to the
priority list. The grant award for the proposed Rubberized Chip Seal material is reimbursable at $1.00 per
square yard. The grant award requires that the project construction of the RAC portion of any project must
be completed by April 1, 2021.
The STM397 project scope qualifies under the grant requirements and consists of the removal and
replacement of failed asphalt concrete pavement (dig-outs) and resurfacing of street pavement using the
Asphalt Rubber Aggregate Membrane (ARAM) seal on various streets in the City.
As required by the CalRecycle Rubberized Pavement Grant Program, the applicant must submit a Council
Resolution approving the application submittal, authorizing the Director of Engineering and Capital
Projects or his designee to execute all grant documents, and stating the City’s assurance to secure grant
funds and implement the grant project. The Council Resolution must be submitted to CalRecycle by
November 1, 2018. Agencies will be notified of grant award in December 2018.
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 project supports the
Strong and Secure Neighborhoods Strategic Goal as the rehabilitation of existing pavements is necessary in
order to extend the roadway life in a cost-effective manner, maintain safe roadway travel conditions and
avoid further deterioration of pavement and base material.
CURRENT-YEAR FISCAL IMPACT
There is no direct fiscal impact to the General Fund. The grant funds will increase CIP STM397 authorized
funding of $1.38 million from TransNet by a maximum amount of $350,000 and thereby allowing the City
to rehabilitate additional street locations.
ONGOING FISCAL IMPACT
If funds are awarded, the improvements, upon the completion of the project, will require only routine City
maintenance.
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ATTACHMENTS
1. Major Pavement Rehabilitation List
2. Exhibit B: Procedures and Requirements Rubberized Pavement Grant Program for Fiscal Year
2018-2019
Staff Contact: Patrick Moneda, Senior Civil Engineer, Engineering and Capital Projects
2018-10-23 Agenda Packet Page 101
Background:
Road Name Beginning Location End Location District Area SY
7TH ST MAIN ST S END 4 1933
AMENA CT SCDS TIERRA DEL REY 1 1929
ANITA ST JAYKEN WY 420 FT E/O JAYKEN WY 4 2187
ANITA ST 420 FT E/O JAYKEN WY SILVAS ST 4 3938
ANITA ST SILVAS ST BROADWAY 4 668
CENTER ST FIRST AVE ROSEVIEW PL 2 3476
CHURCH AV E ST DAVIDSON ST 2 2803
CHURCH AV DAVIDSON ST F ST 2 2933
COE PL STANFORD AV E CDS 1 1408
CORDOVA DR E J ST DORADO WY 3 2926
CORTE HELENA AV CDS E ST 2 847
CORTE MARIA AV D ST FLOWER ST 2 1321
CORTE MARIA AV FLOWER ST E ST 2 4258
D ST THIRD AVE W MOUNTAIN VIEW DR 2 3082
D ST W MOUNTAIN VIEW DR SECOND AVE 2 2441
DATE ST OTAY VALLEY RD DATE CT 4 3723
DAVIDSON ST LANDIS AV DEL MAR AV 2 2555
DEL MAR AV F ST CYPRESS ST 2 2394
DEL MAR AV CYPRESS ST G ST 2 2383
DEL MAR AV J ST KEARNEY ST 2 2014
DEL MONTE AV MONTGOMERY ST ZENITH ST 4 1476
DEL MONTE AV ZENITH ST MAIN ST 4 1479
E PARK LN E ST DAVIDSON ST 2 1585
E PARK LN DAVIDSON ST F ST 2 1580
ELM AV I ST CDS 2 814
EMERSON ST THIRD AV DEL MAR AV 4 1268
EMERSON ST DEL MAR AV FIRST AVE 4 5755
EMERSON ST FOURTH AVE W CDS 4 1449
FALLBROOK CT WCDS ACACIA AVE 1 4940
FIG AV KEARNEY ST S END 2 1536
FIRST AV FLOWER ST E STREET 2 3384
FIRST AV H ST I ST 2 5475
FIRST AV PROSPECT ST QUINTARD ST 4 3337
FIRST AV QUINTARD ST S END 4 5384
G ST THIRD AVE SECOND AVE 2 5920
GARRETT AV D ST E ST 2 5487
GARRETT AV PARK WAY G ST 2 1360
GLOVER AV MANKATO ST SCDS 2 1760
GRANJAS RD N CDS NAPLES ST 4 1290
GUAVA AV KEARNEY ST S END 2 1520
H ST FOURTH AVE SECOND AVE 2 18018
HARTFORD ST HAMDEN DR LAKESHORE DR 1 2331
All segments listed were included in the 5-Year Pavement Rehabilitation Program that was previously approved by SANDAG for
TransNet funding. These segments may potentially be included in Measure P, SB1 Pavement Rehabilitation and CalRecycle Grant
Projects.
MAJOR PAVEMENT REHABILITATION LIST
ATTACHMENT 1
1 of 32018-10-23 Agenda Packet Page 102
Background:
Road Name Beginning Location End Location District Area SY
All segments listed were included in the 5-Year Pavement Rehabilitation Program that was previously approved by SANDAG for
TransNet funding. These segments may potentially be included in Measure P, SB1 Pavement Rehabilitation and CalRecycle Grant
Projects.
MAJOR PAVEMENT REHABILITATION LIST
ATTACHMENT 1
HERITAGE RD CITY LIMITS CITY LIMITS 3 5370
HILLTOP DR CDS D ST 2 2294
J ST BROADWAY FOURTH AVE 2 11837
J ST THIRD AVE SECOND AVE 2 5632
JADE AV JASPER AV TOURMALINE ST 4 957
JAMES ST CEDAR AV FIFTH AV 2 1990
JEFFERSON AV SIERRA WY L ST 2 2529
KEARNEY ST FIFTH AV BRIGHTWOOD AV 2 1705
KEARNEY ST THIRD AVE CHURCH AVE 2 1282
KEARNEY ST CHURCH AVE DEL MAR AVE 2 1282
KEARNEY ST DEL MAR AVE SECOND AVE 2 2547
LANDIS AV D ST E ST 2 5497
LAS FLORES DR LANSLEY WAY MONTEBELLO ST 2 1814
LAUREL AV JUNIPER ST AZALEA ST (120' SOUTH)3 1029
LAUREL AV AZALEA ST WISTERIA ST 3 1073
LAUREL AV WISTERIA ST HEATHER CT 3 1297
LILAC AV WISTERIA ST LAUREL AV 3 3387
LYNNWOOD DR BONITA RD 131FT S/O BONITA RD 1 574
MACE ST MAIN ST BRITTON AVE 4 1775
MACE ST BRITTON AVE S END 4 7022
MADRONA ST DEL MAR AVE SECOND AVE 2 2257
MEDICAL CENTER CT 660FT SW/O MEDICAL CENTER
DR SW END 3 7923
MELROSE AV CDS SHEFFIELD CT 4 1825
MESA GRANDE PL N CDS TIERRA BONITA PL 1 3002
MITSCHER ST MINOT AVE FIRST AVE 2 1683
MONTGOMERY ST FOURTH AV FRESNO AV 4 2694
MOSS ST ALPINE AVE NAPLES ST 4 1887
MURRAY ST SECOND AVE CDS 2 2283
NAPLES ST THIRD AVE FOURTH AVE 4 8129
NIXON PL N DEL MAR AVE CDS 2 827
OLIVE AV SEQUOIA ST TALLOW CT 3 2525
OLIVE CT N CDS SEQUOIA ST 3 1055
OTAY LAKES RD RIDGEBACK RD E H ST 3 15810
PALM AV VALLEY AV S END 4 2069
PASEO DEL REY BAJO DR DOUGLAS ST 1 11437
PASEO DEL REY DOUGLAS ST TELEGRAPH CANYON RD 1 4218
PLAZA CT MALL ENTRANCE PASEO DEL REY 1 1917
POINSETTIA ST LANTANA AV CARISSA AV 3 2067
POINT LOMA CT POINT ARGUELLO DR S CDS 3 565
QUEEN ANNE DR FIFTH AV FOURTH AV 4 4628
SAN MIGUEL DR FOURTH AV E CDS 2 2356
2 of 32018-10-23 Agenda Packet Page 103
Background:
Road Name Beginning Location End Location District Area SY
All segments listed were included in the 5-Year Pavement Rehabilitation Program that was previously approved by SANDAG for
TransNet funding. These segments may potentially be included in Measure P, SB1 Pavement Rehabilitation and CalRecycle Grant
Projects.
MAJOR PAVEMENT REHABILITATION LIST
ATTACHMENT 1
SATINWOOD CT N CDS SATINWOOD WY 3 507
SEA VALE ST THIRD AVE DELMAR AVE 2 4414
SEQUOIA ST BRANDYWINE AV POINT CABRILLO CT 3 2582
SEQUOIA ST OLIVE AV BRANDYWINE AV 3 4307
SEQUOIA ST POINT CABRILLO CT POINT ARGUELLO DR 3 728
SHASTA ST SECOND AVE TWIN OAKS AVE 2 2533
SHASTA ST TWIN OAKS AVE THIRD AVE 2 3622
SHEFFIELD CT END OF STREET MELROSE AVE 4 1894
SHIRLEY ST N DEL MAR AVE N SECOND AVE 2 2522
SIERRA WY E PARK LN CEDAR AVE 2 1714
SIERRA WY CEDAR AVE FIFTH AVE 2 2012
SKYLARK WY N CDS TEAL ST 3 1817
SMITH AV G ST ROOSEVELT ST 2 2036
STANFORD AV N CDS GOTHAM ST 1 1960
TALLOW CT OLIVE AV E CDS 3 1388
TAMARACK CT OLIVE AV E CDS 3 1212
TANOAK CT OLEANDER AV E CDS 3 690
TEAK CT OLIVE AV E CDS 3 875
THIRD AV N FOURTH AVE D ST 2 14441
THORNTON RD FORESTER LN CORRAL CANYON 1 772
TIERRA BONITA PL BUENA VISTA WY MESA GRANDE PL 1 1894
TRAILRIDGE DR WCDS ECDS 1 6060
TWIN OAKS AV DAVIDSON ST F ST 2 2698
TWIN OAKS AV E ST DAVIDSON ST 2 2106
TWIN OAKS AV F ST CYPRESS ST 2 2617
TWIN OAKS AV KEARNEY ST K ST 2 2422
VANCE ST FOURTH AVE ECDS 2 1658
VANCE ST SECOND AVE E CDS 2 1622
VANCE ST WCDS MINOT AVE 2 417
WALNUT AV N CDS PALOMAR ST 4 3059
WHITNEY ST MADISON AVE ECDS 1 548
WISTERIA ST OLEANDER AV LANTANA AV 3 813
ZINFANDEL TE CABERNET DR PORT CLARIDGE 1 3816
350,166
3 of 32018-10-23 Agenda Packet Page 104
Rubberized Pavement Grant Program, FY 2018–19 1
EXHIBIT B
PROCEDURES AND REQUIREMENTS
RUBBERIZED PAVEMENT GRANT PROGRAM
Fiscal Year 2018–19
Copies of these Procedures and Requirements should be shared with BOTH the
Finance Department AND the staff responsible for implementing the grant
activities.
TABLE OF CONTENTS
Introduction ..................................................................................................................... 2
Milestones ....................................................................................................................... 2
Grants Management System (GMS) ............................................................................... 2
Prior To Commencing Work ............................................................................................ 3
Grant Term ...................................................................................................................... 3
Permitting ........................................................................................................................ 4
Project Requirements ...................................................................................................... 4
Eligible Costs .................................................................................................................. 6
Ineligible Costs ................................................................................................................ 6
Work Plan and Changes/Modifications ............................................................................ 6
Acknowledgements ......................................................................................................... 7
Reporting Requirements ................................................................................................. 7
Progress Report .............................................................................................................. 8
Final Report ................................................................................................................... 11
Payment Calculation Summary Form ............................................................................ 13
Grant Payment Information ........................................................................................... 13
Payment Request and Documentation .......................................................................... 14
Audit Considerations ..................................................................................................... 16
Annual Survey ............................................................................................................... 16
ATTACHMENT 2
2018-10-23 Agenda Packet Page 105
Rubberized Pavement Grant Program, FY 2018–19 2
INTRODUCTION
The Department of Resources Recycling and Recovery (CalRecycle) administers the
Rubberized Pavement Grant Program. These Procedures and Requirements describe
project and reporting requirements, report due dates, report contents, grant payment
conditions, eligible and ineligible project costs, project completion and closeout
procedures, records and audit requirements.
In a Regional Grant, the term “grantee” used throughout this document refers to the
Regional Lead Participant (Lead). The Lead is designated to act on behalf of all
participating jurisdictions (Participants). The Lead manages the grant, is responsible for
the performance of the grant and all required documentation, and administer the grant
funds to its Participants on its behalf
This document is attached to, and incorporated by reference, into the Grant Agreement.
MILESTONES
Table 1. Milestones
Date Activity
Notice to Proceed
Date
Grant Term Begins on the date the Notice to Proceed is
emailed.
April 1, 2020 Progress Report Due
April 1, 2021 Final Report and final Payment Request Due
Grant Term End
GRANTS MANAGEMENT SYSTEM (GMS)
GMS is CalRecycle’s web-based grant application and grant management system.
Access to GMS is secure; grantees must log in using a WebPass. WebPass accounts
are tied to a specific email address. If an email address changes, or if it becomes
inactive, the grantee must create a new WebPass account to continue accessing GMS.
Establish or manage a WebPass at CalRecycle’s WebPass page
(https://secure.calrecycle.ca.gov/WebPass/).
Accessing the grant
Grantees must log into GMS (https://secure.calrecycle.ca.gov/Grants) using their
WebPass. After login, locate the grant in the My Awarded/Open Grants table and
select the Grant Management link. The Grant Manager assigned to your grant is
located in the top left corner of the module. The Grant Management Module includes
the following sections:
Summary tab – shows approved budget, paid and remaining amounts. (This
section is available to the grantee in read-only mode.)
Payment Request tab – requests reimbursement.
Reports tab – uploads required reports.
Documents tab – uploads other grant documents that are not considered
supporting documents to a payment request or a report. This section also
provides access to documents that were uploaded within other sections of GMS.
Follow the instructions in GMS to work in the system. Use the information in the
following sections to determine what reports, transactions, and supporting documents
are required.
2018-10-23 Agenda Packet Page 106
Rubberized Pavement Grant Program, FY 2018–19 3
Contact Updates
Access to the grant is limited to those listed in the Contacts tab of the Application
Module with the access check box marked. A contact may be listed but not granted
access by not checking the box. Please note, if a contact is granted access to a grant
they will be able to edit contacts, submit payment requests, upload reports, and view all
documents. Those with access may update contact information for all contact types
except Signature Authority. Email the assigned Grant Manager regarding any changes
to Signature Authority information.
PRIOR TO COMMENCING WORK
Prior to commencing work under this grant, the grantee’s Grant Manager or primary
contact and authorized grant Signature Authority should review the Terms and
Conditions (Exhibit A) and the Procedures and Requirements (Exhibit B) to identify key
grant administrative requirements. Evaluation of the grantee’s compliance with these
requirements is a major focus of grant audits.
Reliable Contractor Declaration
Prior to authorizing a contractor(s) (or subcontractor) to commence work under this
grant, the grantee shall submit to the Grant Manager a declaration from the
contractor(s), signed under penalty of perjury, stating that within the preceding three (3)
years, none of the events listed in Section 17050 of Title 14
(www.calrecycle.ca.gov/Laws/Regulations/Title14/ch1.htm#ch1a5), California Code of
Regulations, Natural Resources, Division 7, has occurred with respect to the
contractor(s) or subcontractor(s).
If a (sub) contractor is placed on the CalRecycle Unreliable List
(http://www.calrecycle.ca.gov/Funding/Forms/) after award of this grant, the grantee
may be required to terminate that contract. Obtain the Reliable Contractor Declaration
form (CalRecycle 168) from CalRecycle’s form web page
(www.calrecycle.ca.gov/Funding/Forms).
A scanned copy of the signed Reliable Contractor Declaration form must be uploaded in
GMS. To upload the form:
1. Go to the Reports tab.
2. Click on Reliable Contractor Declaration under Report Type.
3. Click the Add Document button.
4. Select Reliable Contractor Declaration in the Document Type drop down box,
enter a document title, click the Browse button to search and upload the
document, and then Save.
5. Click on the Submit Report button.
For further instructions regarding GMS, including login directions, see the section above
titled Grant Management System.
GRANT TERM
The Grant Term begins on the date of the Notice to Proceed email. Grant-eligible
program expenditures may start no earlier than the date indicated in the Notice to
Proceed. The Grant Term ends on April 1, 2021 and all eligible program costs must be
incurred by this date.
2018-10-23 Agenda Packet Page 107
Rubberized Pavement Grant Program, FY 2018–19 4
The Final Report and final Payment Request are due on April 1, 2021. CalRecycle
recommends reserving the period from March 1, 2021 to April 1, 2021 exclusively for
the preparation of the Final Report and final Payment Request, though they may be
completed earlier.
PERMITTING
The grantee is responsible for ensuring that the entire project, not just the portion
reimbursed by this Grant, is in compliance with all federal, state, and local laws and
permitting requirements. The grantee is also responsible for ensuring that project
contractors and subcontractors have all necessary permits and licenses to perform the
work for which they are hired, including, but not limited to, permitting by the appropriate
Air Pollution Control District, Air Quality Management District, or other local air quality
agency when required. Failure to comply with permitting requirements may result in
denial of payment under this Grant.
PROJECT REQUIREMENTS
All projects are subject to the following requirements:
The grantee will construct one or more Rubberized Asphalt Concrete (RAC) Hot -
Mix or Rubberized Chip Seal project(s) at the location(s) specified in the
approved grant application, unless otherwise approved by the Grant Manager
(See Work Plan and Changes/Modifications section).
Only California-generated waste tires, processed in California, shall be used in
the crumb rubber portion of the project(s). Recycled end-of-life crumb rubber
that meets all specifications and standards can be used, as appropriate, with
prior written permission from the Grant Manager.
The project(s) must be located in California.
Projects must be owned and maintained by the applicant and accessible to the
general public.
Reimbursement will not exceed the amount stated on the Grant Agreement
Cover Sheet (CalRecycle 110).
Construction of the RAC portion of any project must commence on or after the
date indicated in the Notice to Proceed and be completed by April 1, 2021.
The binder material must contain a minimum of 300 pounds (equivalent to 15
percent by weight) of tire-derived crumb rubber per ton of rubberized binder. The
binder may be either asphalt rubber/field blend or terminal blend.
Additionally, the following project requirements are specific to the individual project as
indicated:
RAC Hot-Mix (Hot-Mix) Project
Project(s) must use a minimum of 2,000 tons of RAC hot-mix.
If a grantee has not previously received a CalRecycle Pavement or RAC grant,
appropriate grantee staff must attend a CalRecycle-sponsored training before
beginning the project. Topics for the training are typically in one -hour modules
and may include a general introduction to the program or a more detailed
discussion regarding the RAC manufacturing and construction processes and
procedures.
2018-10-23 Agenda Packet Page 108
Rubberized Pavement Grant Program, FY 2018–19 5
Rubberized Chip Seal (Chip Seal) Project
Project(s) must use a minimum area of 40,000 square yards of chip seal
material.
Reimbursement Rates
Table 2 provides reimbursement rates, as approved in the application, by grant category
for both individual and regional grants. Regional grants will be reimbursed at the RAC-1
and/or Chip Seal rate, as applicable. Refer to your “App roved Project Summary &
Calculation” document uploaded in GMS for your approved category and
reimbursement rate.
Table 2. Reimbursement Rates
Grant Category
Tier 11
(Los Angeles, Orange, Riverside,
San Bernardino, and Ventura
Counties)
Tier 22
(All other counties)
RAC – 13 $10 per ton $20 per ton
RAC – 2 $7 per ton $14 per ton
RAC – 3 $4 per ton $8 per ton
Chip Seal $0.50 per square yard $1 per square yard
1 Reimbursement is based on a $10 per ton base rate for hot-mix projects
2 Reimbursement is based on a $20 per ton base rate for hot-mix projects
3 If approved for full differential, reimbursement is based on the differential cost between
the actual conventional and rubberized asphalt costs for hot-mix projects. Regional
grantees receive the RAC – 1 rate for hot mix and the regular rate for chip seal. Unit
Cost for conventional and rubberized asphalt can be determined by either:
A contractor’s bid for the project (or alternate bid); or
A previous paving project (or from a neighboring local agency) comparable in
quantity and type of material (gap or open graded, type A, B, C) within the last
year.
2018-10-23 Agenda Packet Page 109
Rubberized Pavement Grant Program, FY 2018–19 6
ELIGIBLE COSTS
All grant expenditures must be for activities, products, and costs specifical ly included in
the approved Project Summary & Calculation sheet. To be eligible for reimbursement,
costs must be incurred after receiving a Notice to Proceed and before the end of the
Grant Term. All services must be provided and goods received during th is period in
order to be eligible costs. Invoices for goods and services must be paid by the grantee
prior to the inclusion of those goods or services on a payment request.
Eligible costs include expenditures incurred and paid for eligible paving material
delivered and installed during the Grant Term (from the date indicated in the Notice to
Proceed through April 1, 2021).
INELIGIBLE COSTS
Any costs not specifically included in the approved Project Summary and Calculation
sheet and not directly related to the delivery and installation of the paving material and
the approved grant project are ineligible for reimbursement. Contact the Grant Manager
if clarification is needed. Ineligible costs include, but are not limited to:
Costs incurred for projects that start construction of the RAC paving prior to the
date indicated in the Notice to Proceed, or end construction after April 1, 2021.
Projects utilizing crumb rubber material that is not made from only California-
generated waste tires processed in California.
Recycled end-of-life crumb rubber that does not meet all specifications and
standards.
Projects using less than the required amount of crumb rubber, as specified in
Project Requirements.
Slurry Seal material/application (whether or not they contain ru bber). In a cape
seal project, the slurry seal portion is not an eligible cost.
Testing costs.
Personnel costs, including fringe benefits.
Overhead and/or indirect costs.
Any other costs deemed unreasonable or unrelated to the purpose of the grant
by the Grant Manager
WORK PLAN AND CHANGES/MODIFICATIONS
Any proposed revision(s) to the Project Summary and Calculation sheet and/or Budget
must be submitted in writing and pre-approved in writing by the Grant Manager prior to
the grantee incurring the proposed expenditure. The request must include a revised
Project Summary and Calculation sheet reflecting the change(s) from the Approved
Project Summary and Calculation sheet that you obtain from the Grant Manager. The
request must also include the reason for the change(s). Costs based on the proposed
revisions may not be incurred until Grant Manager approval. If approved, the grant
manager will upload the final revised Project Summary and Calculation and/or Budget to
GMS. Proposed revisions may be submitted in conjunction with a Progress Report but
cannot be submitted as part of the Progress Report. The approval document should be
retained by the grantee for audit purposes. See Audit Record/Access section of the
Terms and Conditions (Exhibit A).
For a regional grant, changes that would remove one or more participating jurisdictions
from the grant will be evaluated on a case-by-case basis to determine whether the grant
amount and/or reimbursement rate should be adjusted.
2018-10-23 Agenda Packet Page 110
Rubberized Pavement Grant Program, FY 2018–19 7
ACKNOWLEDGEMENTS
The grantee shall acknowledge CalRecycle’s support each time projects funded, in
whole or in part, by this Agreement are publicized in any medium, including news
media, brochures, or other types of promotional materials. The Grant Manager may
approve deviation from this requirement on a case-by-case basis where such deviation
is consistent with CalRecycle’s Communication Strategy and Outreach Plan.
By April 1, 2021, the grantee must list on their website, for a minimum period of one
year, an acknowledgement of CalRecycle’s funding and the waste tire diversion
amounts for the project(s). The acknowledgement must include the following three
required components:
1. Funded by grant from CalRecycle
2. CalRecycle Logo4
3. Number of California waste tires5 diverted from the waste stream by this project
When the web site acknowledgement posting is problematic due to grantee-specific
issues, the grantee may substitute signage as an alternative acknowledgement upon
written pre-approval from the Grant Manager. The alternative must include the t hree
required components listed above.
Rubberized Asphalt Concrete Signage
(http://www.calrecycle.ca.gov/Tires/Grants/Resources/#Signage ) placed in a
prominent location at the project site(s), where it must be permanent for a
minimum period of one year after project completion. If this alternative is used, a
digital photograph of the signage at the project site must be provided with the
final report.
REPORTING REQUIREMENTS
A Progress Report and a Final Report are required by this Agreement; however, the
Grant Manager may request a Progress Report at any time during the Grant Term.
Failure to submit the Final Report with appropriate documentation by the due date may
result in rejection of the Payment Request and/or forfeiture by the grantee of claims for
costs incurred that might otherwise have been eligible for grant funding.
All reports must be uploaded in GMS. For further instructions regarding GMS, including
login directions, see the section above entitled, Grant Management System.
4 The acknowledgement of CalRecycle’s support must incorporate the CalRecycle logo.
Initials or abbreviations for CalRecycle shall not be used. Information regarding logos
are available in the Image Gallery web site (http://www.calrecycle.ca.gov/Gallery). To
request permission to use the CalRecycle logo and receive copies of image files, please
contact the Office of Public Affairs (opa@calrecycle.ca.gov) or contact your Grant
Manager.
5 To determine the number of tires diverted, refer to the Rubberized Pavement
Certification Form (CalRecycle 739-TRP) or the Payment Calculation Summary
(CalRecycle 748-TRP) for the calculation formula. This is typically calculated after
construction.
2018-10-23 Agenda Packet Page 111
Rubberized Pavement Grant Program, FY 2018–19 8
To upload a report:
1. Go to the Reports tab.
2. Click on the appropriate Report Type.
3. Click on the Add Document button.
4. Choose the Document Type, enter a document title, click the Browse button to
search and upload the document, and then Save.
Select the Back button to upload another document and continue the
process until all required documents as listed below are uploaded.
The maximum allowable file size for each document is 35MB.
5. Click the Submit Report button to complete your report submittal. The Submit
Report button will not be enabled until all required reporting documents are
uploaded.
Reports must be current, include all required sections and documents, and must be
approved by the Grant Manager before any Payment Request can be processed.
Failure to comply with the specified reporting requirements may be considered a breach
of this Agreement and may result in the termination of this Agreement or rejection of the
Payment Request and/or forfeiture by the grantee of claims for costs incurred that might
otherwise have been eligible for grant funding. Any problems or delays must be
reported immediately to the Grant Manager.
For a Regional Grant, the Lead will be responsible for compiling all reporting
documentation from its Participant(s).
PROGRESS REPORT
The grantee must submit a Progress Report by April 1, 2020. This report should
cover grant activities that occurred from the date indicated in the Notice to Proceed
through April 1, 2020. The Progress Report must be submitted even if no work has
started on the project. The Progress Report must be prepared in the format specified
below and uploaded into the GMS system, see “Reporting Requirements”
The Progress Report must address the work completed during the reporting period and
be accompanied by all required supporting documentation, including pre-construction
photographs. The Progress Report must include:
Progress Report Requirements with No Payment Request
1. Cover Page
Name of the grantee
Grant number
Amount of grant award
Dates of report coverage
Report preparation date
Disclaimer statement, as follows:
“The statements and conclusions of this report are those of the grantee and
not necessarily those of the Department of Resources Recycling and
Recovery (CalRecycle), its employees, or the State of California. The State
makes no warranty, express or implied, and assumes no liability for the
information contained in the succeeding text.”
2. Project Summary and Status
2018-10-23 Agenda Packet Page 112
Rubberized Pavement Grant Program, FY 2018–19 9
Provide a brief description of the progress of the rubberized pavement project(s)
including:
Approved, completed and in-process project(s)
The timeline for completion of remaining project(s)
Results Achieved
Problems encountered or anticipated
Provide a brief description of any changes to the project and/or schedule
including:
1) Changes in grantee contact information
2) Changes or modifications to the original project
Progress Report Requirements with Payment Request
1. Cover Page
Name of the grantee
Grant number
Amount of grant award
Dates of report coverage
Report preparation date
Disclaimer statement, as follows:
“The statements and conclusions of this report are those of the grantee and
not necessarily those of the Department of Resources Recycling and
Recovery (CalRecycle), its employees, or the State of California. The State
makes no warranty, express or implied, and assumes no liability for the
information contained in the succeeding text.”
2. Table of Contents
Identify report contents and corresponding page numbers
3. Project Summary and Status
Provide a concise Executive Summary of the project(s). Within the narrative of
the report, the following information must be included:
Amount of rubberized pavement material used (tons for hot -mix, square
yards for chip seal)
General Information (thickness of paving, type of mix – e.g. asphalt-rubber,
type G, gap graded, open graded, dense graded, warm mix, etc.)
Binder information – asphalt-rubber/field blend or terminal blend (include:
asphalt cement type/grade, percent crumb rubber, percent b inder in mix,
gallons/yd2)
Cost of material (cost per ton of hot-mix, cost per square yard of chip seal)
Problems encountered
Total pounds of crumb rubber used in project(s) Refer to the Payment
Calculation Summary form (CalRecycle 748-TRP) to calculate total pounds.
See “Payment Calculation Summary Form” section for more information.
For Hot-Mix Projects: the total pounds of crumb rubber can be derived by
determining the amount (pounds) of crumb rubber per ton of hot mix and then
multiplying this number by the total tons of hot mix used in the project(s).
2018-10-23 Agenda Packet Page 113
Rubberized Pavement Grant Program, FY 2018–19 10
The amount (pounds) of crumb rubber per ton of hot mix can be derived by
multiplying the percent binder in the mix (usually between 7-8 percent for asphalt
rubber) and the percent of crumb rubber in the binder [usually 15-20 percent for
asphalt rubber (minimum of 15 percent for the grant project(s)] multiplied by
2,000 (pounds per ton).
For Chip Seal Projects: the total pounds of crumb rubber are derived by
multiplying the amount (pounds) of binder used in the project(s) and the percent
of crumb rubber in the binder [usually 15-20 percent for asphalt rubber (minimum
of 15 percent for the grant project(s)].
4. Contractor Summary
List of all contractors and subcontractors that supplied rubberized asphalt
materials for the project. For each contractor and subcontractor the following
information must be included:
Name of Firm
Contact person
Address
Concise statement of work completed
Time period in which the work was completed
Amount paid
A copy of the Reliable Contractor Declaration (CalRecycle 168) for each
contractor and subcontractor at the beginning of the project
Additionally, provide the subcontractor6 for the following (if applicable):
Binder Supplier
Hot-Mix/Chip Seal Manufacturer
California Crumb Rubber Provider
5. Waste Tires Diverted (uploaded separately in GMS)
Total number of California waste tires diverted from the waste stream as a result
of the project’s completion. This number can be calculated when completing the
Rubberized Pavement Certification form (CalRecycle 739-TRP) and the Payment
Calculation Summary form (CalRecycle 748-TRP). For more details about these
forms, refer to item C of the Supporting Documentation section in the Payment
Request and Documentation section and the Payment Calculation Summary
Form section. These forms are available at the CalRecycle Grant Forms website
(http://www.calrecycle.ca.gov/Funding/Forms/).
6. Photographs (uploaded separately in GMS)
Two digital photographs of the completed project. Pre-construction photographs
are highly recommended, however, not mandatory.
6 Refer to your paving/prime contractor for this information.
2018-10-23 Agenda Packet Page 114
Rubberized Pavement Grant Program, FY 2018–19 11
7. Project Acknowledgement (uploaded separately in GMS)
Include a copy of your internet web page (or alternative) project
acknowledgement, including the web address (URL). If signage alternative is
used, a digital photograph of the signage at the project site must be provided with
the final report.
FINAL REPORT
The Final Report is due April 1, 2021, however it may be submitted at any time after
the project is completed, but must be submitted no later than April 1, 2021. This report
should cover grant activities from the Notice to Proceed through April 1, 2021, or
completion of project, whichever is sooner. Failure to submit the Final Report with
appropriate documentation by April 1, 2021, may result in rejection of the final
Grant Payment Request and/or forfeiture by the grantee of any claims for
reimbursement of otherwise eligible costs.
For a Regional Grant, the Lead will be responsible for compiling all reporting
documentation from its Participant(s).
The Final Report must be prepared in the format specified below and must be uploaded
into the GMS system, see “Reporting Requirements” section for instructions; you may
need to upload multiple documents to complete all the requirements listed below. If
requested, the grantee shall make an oral presentation to CalRecycle. The Final Report
must include the following:
1. Cover Page
Name of the grantee
Grant number
Amount of grant award
Dates of report coverage
Report preparation date
Disclaimer statement, as follows:
“The statements and conclusions of this report are those of the grantee and
not necessarily those of the Department of Resources Recycling and
Recovery (CalRecycle), its employees, or the State of California. The State
makes no warranty, express or implied, and assumes no liability for the
information contained in the succeeding text.”
2. Table of Contents
Identify report contents and corresponding page numbers.
3. Project Summary and Status
Provide a concise Executive Summary of the project(s). Within the narrative of
the report, the following information must be included:
Amount of rubberized pavement material used (tons for hot -mix, square
yards for chip seal)
General Information (thickness of paving, type of mix – e.g. asphalt-rubber,
type G, gap graded, open graded, dense graded, warm mix, etc.)
Binder information – asphalt-rubber/field blend or terminal blend (include:
asphalt cement type/grade, percent crumb rubber, percent binder in mix,
gallons/yd2)
Cost of material (cost per ton of hot-mix, cost per square yard of chip seal)
2018-10-23 Agenda Packet Page 115
Rubberized Pavement Grant Program, FY 2018–19 12
Problems encountered
Total pounds of crumb rubber used in project(s) Refer to the Payment
Calculation Summary form (CalRecycle 748-TRP) to calculate total pounds.
See “Payment Calculation Summary Form” section for more information.
For Hot-Mix Projects: the total pounds of crumb rubber can be derived by
determining the amount (pounds) of crumb rubber per ton of hot mix and then
multiplying this number by the total tons of hot mix used in the project(s).
The amount (pounds) of crumb rubber per ton of hot mix can be derived by
multiplying the percent binder in the mix (usually between 7-8 percent for asphalt
rubber) and the percent of crumb rubber in the binder [usually 15-20 percent for
asphalt rubber (minimum of 15 percent for the grant project(s)] multiplied by
2,000 (pounds per ton).
For Chip Seal Projects: the total pounds of crumb rubber are derived by
multiplying the amount (pounds) of binder used in the project(s) and the percent
of crumb rubber in the binder [usually 15-20 percent for asphalt rubber (minimum
of 15 percent for the grant project(s)].
4. Contractor Summary
List of all contractors and subcontractors that supplied rubberized asphalt
materials for the project. For each contractor and subcontractor the following
information must be included:
Name of Firm
Contact person
Address
Concise statement of work completed
Time period in which the work was completed
Amount paid
A copy of the Reliable Contractor Declaration (CalRecycle 168) required by
Exhibit A – Terms and Conditions (Unreliable List) and filed for each
contractor and subcontractor at the beginning of the project
Additionally, provide the subcontractor67for the following (if applicable):
Binder Supplier
Hot-Mix/Chip Seal Manufacturer
California Crumb Rubber Provider
6 Refer to your paving/prime contractor for this information.
2018-10-23 Agenda Packet Page 116
Rubberized Pavement Grant Program, FY 2018–19 13
5. Waste Tires Diverted (uploaded separately in GMS)
Total number of California waste tires diverted from the waste stream as a result
of the project’s completion. This number can be calculated when completing the
Rubberized Pavement Certification form (CalRecycle 739-TRP) and the Payment
Calculation Summary form (CalRecycle 748-TRP). For more details about these
forms, refer to item C of the Supporting Documentation section in the Payment
Request and Documentation section and the Payment Calculation Summary
Form section. These forms are available at the CalRecycle Grant Forms website
(http://www.calrecycle.ca.gov/Funding/Forms/).
6. Photographs (uploaded separately in GMS)
Two digital photographs of the completed project. Pre-construction photographs
are highly recommended, however, not mandatory.
7. Project Acknowledgement (uploaded separately in GMS)
Include a copy of your internet web page (or alternative) project
acknowledgement, including the web address (URL). If signage alternative is
used, a digital photograph of the signage at the project site must be provided with
the final report.
PAYMENT CALCULATION SUMMARY FORM
As part of the Payment Request submittal, a Payment Calculation Summary form
(CalRecycle 748-TRP) must be uploaded in GMS. Complete the form, as appropriate.
Enter locations of paving (list of streets) and limits of paving (point A to point B).
Pounds of crumb rubber used and number of waste tires diverted can be calculated by
completing this form. Samples of completed form are provided on the last three tabs of
the document. Various options are displayed showing different ways to enter street
names and group data for easy-to-follow calculations. The last tab (titled Page 1
Regional Sample) illustrates a sample for a Regional Grant. ABC County is the Lead
and City of XYZ is the Participant, requesting reimbursement for a joint hot-mix project.
The form is available at the CalRecycle Grant Forms website
(http://www.calrecycle.ca.gov/Funding/Forms/). Save and upload the completed form
as an Excel file. Do not save as a PDF file.
GRANT PAYMENT INFORMATION
1. Payment to the grantee for eligible grant expenses is made on a reimbursement
basis only and for only those materials and services specified in the approved
Project Summary and Calculation sheet. Reimbursement will be determined
by the actual project cost, not to exceed the grant award amount.
2. Reimbursement may be requested only twice during the Grant Term. In
conjunction with (or after) submission of the Progress Report and in conjunction
with the Final Report.
3. The grantee must submit the required Progress Report/Final Report, and the
Grant Manager must approve the report prior to, or concurrent with, submission
of the Grant Payment Request.
4. The grantee must submit a completed Grant Payment Request and provide
supporting documentation as described in the “Payment Request and
Documentation” section for completed project(s) only.
2018-10-23 Agenda Packet Page 117
Rubberized Pavement Grant Program, FY 2018–19 14
5. Grant payments will only be made to the grantee. It is the grantee’s
responsibility to pay all contractors and subcontractors for purchased goods and
services.
6. Ten percent of each approved Grant Payment Request will be withheld and
retained until all conditions stipulated in the Agreement, including submission and
Grant Manager approval of the Progress and/or Final Report, have been
satisfied.
7. CalRecycle will make payments to the grantee as promptly as fiscal procedures
permit. The grantee can typically expect payment approximately 45 days from
the date a Grant Payment Request is approved by the Grant Manager.
8. The grantee must provide a Reliable Contractor Declaration (CalRecycle 168)
(http://www.calrecycle.ca.gov/Funding/forms/) signed under penalty of perjury by
the grantee’s contractor(s) and subcontractor(s) in accordance with the “Reliable
Contractor Declaration” provision of the Terms and Conditions (Exhibit A). The
declaration must be received and approved by the Grant Manager prior to
commencement of work. See “Reliable Contractor Declaration” provision in
Terms and Conditions (Exhibit A) for more information.
PAYMENT REQUEST AND DOCUMENTATION
Failure to submit the final Payment Request with appropriate documentation by the due
date may result in rejection of the Payment Request and/or forfeiture by the grantee of
claims for costs incurred that might otherwise have been eligible for grant funding.
Payment requests must be submitted in GMS. For further instructions regarding GMS,
including login directions, see the section above entitled, Grant Management System.
To submit a Grant Payment Request:
1. Go to the Payment Request tab.
2. Click on the Create a Payment Request button.
Choose Reimburse for the Transaction Type and enter the amount spent
in each budget sub category.
When the transaction is complete, click the Save button.
After the transaction is saved, the Upload Supporting Documentation
button will appear in the lower right corner.
3. Click the Upload Supporting Documentation button.
Choose the Document Type, enter a document title, click the Browse
button to search and upload the document, and then Save.
Select the Back button to upload another document and continue this
process until all required supporting documents as listed below are
uploaded.
The maximum allowable file size for each document is 35MB.
4. Click the Submit Transaction button, located on the transaction page, to
complete your payment request. (The Submit Transaction button will not be
enabled until all required supporting documents are uploaded.)
Note: Once a transaction is saved select the transaction number from the
Payment Request tab to access it again. Please do not create multiple
transactions for the same requested funds.
2018-10-23 Agenda Packet Page 118
Rubberized Pavement Grant Program, FY 2018–19 15
Supporting Documentation
A. A scanned copy of the Grant Payment Request form (CalRecycle 87) with the
signature of the signatory or his/her designee, as authorized by grantee’s
Resolution or Letter of Commitment, must be uploaded to GMS.
Note: A designee may sign on behalf of the grantee if a) authorized by the
Resolution or Letter of Commitment, and b) a Letter of Designation has been
provided to the Grant Manager.
B. Cost and Payment Documentation
Acceptable cost and payment documentation must include the following:
a) Approved construction progress payment authorizations that must include the
vendor’s name and telephone number, address, description of goods or
services purchased, amount of hot-mix or chip seal material produced for the
project, amount due, and date. The claimed expenses should be highlighted
and identified with applicable task number on each document. If approved
construction progress payment authorizations cannot be provided, other
documentations such as weight tickets, invoices, or receipts are adequate.
b) Proof of payment may include:
i. copy of cancelled check(s) that shows an endorsement from the
banking institution
ii. invoice(s) showing a zero balance, or stamped “paid” with a check
number, date paid, and initials
iii. accounting system report from local government if it contains the
vendor name, date of invoice, invoice number, check number or
internal ID, and date amount was paid
iv. bank statement(s) along with a copy of the endorsed check or invoice
showing the check number
v. copy of an electronic funds transfer confirmation
vi. copy of a credit card statement(s)
For a Regional Grant, the Lead will be responsible f or compiling all payment
documentation from its Participant(s).
C. A scanned copy of the Rubberized Pavement Certification form (CalRecycle
739-TRP). You must provide verification that only California-generated waste
tires, processed in California were used (in an appropriate amount) in the crumb
rubber portion of the project by signing and uploading this form via GMS. This
form will be completed by your Binder Supplier.
Provide copies of supporting documentation that validates only California -
generated waste tires, processed in California were used for this grant project.
Acceptable forms of supporting documentation include: Certificate of
Compliance, Certificate of Origin, or Bill of Lading. Request your Crumb
Rubber Provider to supply this document.
Refer to your paving/prime contractor to determine who your Binder Supplier and
Crumb Rubber Provider is for the project(s).
All forms listed above can be downloaded from the CalRecycle Grant Forms website
(http://www.calrecycle.ca.gov/Funding/Forms).
2018-10-23 Agenda Packet Page 119
Rubberized Pavement Grant Program, FY 2018–19 16
AUDIT CONSIDERATIONS
The grantee agrees to maintain records and supporting documentation pertaining to the
performance of this grant subject to possible audit for a minimum of three (3) years after
final payment date or Grant Term end date, whichever is later. A longer period of
records retention may be stipulated in order to complete any action and/or resolution of
all issues which may arise as a result of any litigation, dispute, or audit, whicheve r is
later.
Examples of audit documentation include, but are not limited to, competitive bids, grant
amendments if any relating to the budget or work plan, copies of any agreements with
contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time
sheets, personnel expenditure summary form, travel expense log, paid warrants,
contracts and change orders, samples of items and materials developed with grant
funds, invoices and/or cancelled checks. Please refer to the Terms and Conditions
(Exhibit A) for more information.
ANNUAL SURVEY
Post-grant term Annual Surveys are encouraged by this Agreement to help assess your
long-term satisfaction with the rubberized pavement projects funded by this Grant
Agreement. The grantee must complete and submit an Annual Survey for the
Rubberized Pavement Grant Program every year for five (5) years after the grant is
closed.
You will be notified via e-mail once the annual online survey
(http://www.calrecycle.ca.gov/Tires/Grants/Pavement/default.htm) is available.
Note: The link to the survey is only active during the survey period.
2018-10-23 Agenda Packet Page 120
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE SUBMITTAL OF AN
APPLICATION FOR THE CALRECYCLE RUBBERIZED
PAVEMENT GRANT PROGRAM FOR FISCAL YEAR 2018-
2019, AUTHORIZING THE DIRECTOR OF ENGINEERING
AND CAPITAL PROJECTS OR HIS DESIGNEE TO SECURE
GRANT FUNDS AND IMPLEMENT THE APPROVED GRANT
PROJECT FOR A PERIOD OF THREE YEARS
WHEREAS, Public Resources Code sections 48000 et seq. authorize the Department of
Resources Recycling and Recovery (CalRecycle) to administer various grant programs (grants)
in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste
generated in the state thereby preserving landfill capacity and protecting public health and safety
and the environment; and
WHEREAS, in furtherance of this authority, CalRecycle is required to establish
procedures governing the application, awarding, and management of the grants; and
WHEREAS, CalRecycle grant application procedures require, among other things, an
applicant’s governing body to declare by resolution certain authorizations related to the
administration of CalRecycle grants; and
WHEREAS, the City is only allowed to apply for the Rubberized Chip Seal category of
the grant six times. Since the City has received three previous Rubberized Chip Seal category
grants, the City is eligible to receive this grant; and
WHEREAS, the CalRecycle grant funds will be used to supplement the funding
appropriated under Major Pavement Rehabilitation FY 2018-2019 (CIP# STM0397).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it authorizes the submittal of an application for the CalRecycle Rubberized Pavement
Grant Program for Fiscal Year 2018-2019; and
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it
authorizes the Director of Engineering and Capital Projects or his designee to execute all grant
documents necessary to secure grant funds and implement the approved grant project; and
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that these
authorizations shall be effective for a period of three (3) years.
2018-10-23 Agenda Packet Page 121
Presented by Approved as to form by
William S. Valle Glen R. Googins
Director of Engineering &City Attorney
Capital Projects
2018-10-23 Agenda Packet Page 122
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October 23, 2018 File ID: 18-0436
TITLE
RESOLUTIONS OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE PURCHASE OF
VEHICLES THROUGH THE SOURCEWELL COMPETITIVE BID PROCESS
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE
PURCHASE OF ELECTRIC VEHICLES FROM NATIONAL AUTO FLEET GROUP IN ACCORDANCE WITH
SOURCEWELL CONTRACT NUMBER 120716-NAF THROUGH THE CLIMATE MAYORS ELECTRIC
VEHICLE PURCHASING PROGRAM IN AN AMOUNT NOT-TO-EXCEED TWO MILLION DOLLARS
($2,000,000) THROUGH THE TERM OF THE CONTRACT (JANUARY 2021)
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE
PURCHASE OF HEAVY-DUTY AND SPECIALIZED VEHICLES FROM NATIONAL AUTO FLEET GROUP
IN ACCORDANCE WITH SOURCEWELL CONTRACT NUMBER 081716-NAF IN AN AMOUNT NOT-TO-
EXCEED FOUR MILLION FIVE HUNDRED THOUSAND DOLLARS ($4,500,000) THROUGH THE TERM
OF THE CONTRACT (NOVEMBER 2020)
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A 2-YEAR LEASE
PURCHASE AGREEMENT WITH NATIONAL COOPERATIVE LEASING IN ACCORDANCE WITH
SOURCEWELL CONTRACT NUMBER 032615-NCL FOR THE ACQUISITION OF THIRTY-FOUR (34)
ELECTRIC VEHICLES AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
THE FINAL PURCHASE AND LEASE AGREEMENT
RECOMMENDED ACTION
Council adopt the resolutions.
SUMMARY
The Fleet Service section of the Public Works Department supports the delivery of City services to
residents by ensuring the Fire Department, Police Department and Public Services fleet vehicles are ready
when needed. Due to the budgetary constraints presented by the recession, the City fleet has retained
vehicles beyond their planned replacement criteria. Thirty-four (34) light-duty vehicles have been
identified for immediate replacement and are eligible to be replaced by electric vehicles. The City will
maximize cost savings through participation in the Climate Mayors Electric Vehicle Purchasing
2018-10-23 Agenda Packet Page 123
P a g e | 2
Collaborative and authorizing a lease agreement for the purchases. Fleet Services has identified twenty-
three (23) heavy-duty specialized trucks for replacement. Authorization to utilize Sourcewell cooperative
purchasing contracts for the replacement of the heavy-duty trucks will provide savings to the City and is
not anticipated to affect local vendors.
ENVIRONMENTAL REVIEW
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/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
The Fleet Service section of the Public Works Department supports the delivery of City services to
residents by ensuring the Fire Department, Police Department and Public Services fleet vehicles are ready
when needed. Due to the budgetary constraints presented by the recession, the City fleet has retained
vehicles beyond their planned replacement criteria with the availability of Measure P and other financing
the City has the unique opportunity to now modernize large portions of the fleet by leveraging
collaborative purchasing agreements, electric vehicle technology and lease funding strategies to achieve
the City’s environmental sustainability, fiscal responsibility and delivery of service goals.
A review of the City fleet identified 34 light-duty vehicles requiring replacement (Attachment 1) that are
assigned to department/sections including: Fire Prevention, Police Investigations, Construction Inspection,
Building Services, Environmental Services, Construction & Repair and Street Maintenance. Due to their age
these vehicles experience escalating maintenance costs, increased down-time and decreased reliability.
Fleet Services is challenged daily with maintaining adequate up-time for these vehicles due to the
preceding factors. The replacement of these failing vehicles with electric vehicles is efficient and
economical through participation in the Climate Mayors Electric Vehicle Purchasing Collaborative and will
provide the needed level of reliability.
Climate Mayors Electric Vehicle Purchasing Collaborative
On September 11, 2018, Mayor Mary Casillas Salas, member of the Climate Mayors (group), announced
with 19 other founding cities the launch of the Climate Mayors EV Purchasing Collaborative —a turnkey,
one-stop online portal providing municipalities across the country equal access to competitively bid
electric vehicles. This program provides an opportunity for the City of Chula Vista to demonstrate tangible
climate action by replacing old failing fleet vehicles with environmentally and economically sustainable
electric vehicles.
The following charts summarize two of the anticipated sustainability improvements the electric vehicles
will provide over the old vehicles.
2018-10-23 Agenda Packet Page 124
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The City’s Climate Action Plan has a goal that 40% of the entire fleet will be alternative fuel or electric by
2020. Currently the fleet is 28% alternative fuel/electric and the approval of this purchase will increase
this to 31%. Although the environmental sustainability improvements provide benefits that are difficult to
monetize, these new vehicles will provide tangible action taken by the City to be a leader in environmental
sustainability.
In addition to providing environmental benefits, the purchase of the electric vehicles will provide greater
fiscal responsibility as well. The operation and maintenance savings are anticipated to result from reduced
gasoline use and the need for maintenance parts and supplies related to internal combustion engines. The
operational cost savings are exemplified by the following chart that represents an anticipated 61%
reduction in fuel expense for these vehicles.
Additionally, the Climate Mayors program also provides a method for the City to realize the Federal tax
credit for purchasing electric vehicles. This program is an unprecedented cooperation of cities across the
country to leverage their collective buying power. The program has incorporated a contract with National
Cooperative Leasing that provides a method for the City to obtain the Federal electric vehicle tax credit,
further reducing the cost of the vehicle.
Heavy-Duty and Specialized Vehicle Cooperative Purchasing
The Fleet Services section is currently conducting a review of the heavy-duty and specialized vehicle fleet
to identify units requiring replacement. As described previously, these classes of vehicle have exceeded
their planned replacement criteria and this condition results in increased down-time and affects the
performance of services for the residents.
The preliminary review has identified 23 trucks within the Public Services Fleet and includes vehicles
assigned to Construction & Repair, Graffiti Removal, Storm Water, Street Maintenance, Striping & Signing,
Traffic Signals & Street Lights and Urban Forestry Maintenance. The estimated replacement cost for these Green House Gas EmissionsMiles Per GallonFuel Cost2018-10-23 Agenda Packet Page 125
P a g e | 4
trucks is $2M and includes immediate needs. The approval to utilize the Sourcewell cooperative purchasing
contract for these trucks will streamline the procurement process by utilizing already developed request
for proposals for national, competitive solicitations that meet or exceed City requirements. The rigorous
process is continually refined to best meet member needs and allows the City to obtain exceptional
products and services from nationally acclaimed vendors. Benefits of using this process includes:
Save time and money by combining the buying power of more than 50,000 government, education,
and nonprofit organizations. Sourcewell holds hundreds of competitively solicited cooperative
contracts ready for use.
Sourcewell facilitates a competitive solicitation and awards process on behalf of its members’ needs
and expectations throughout the U.S. and Canada.
Electric Vehicle Cooperative Leasing
To receive the Federal electric vehicle tax credits, the City will need to enter into a lease agreement for the
purchase of these vehicles. The City will lease the vehicles for a period of 24 months and purchase at the
end of the lease term. The lease agreement allows the City to maximize available Federal tax credits.
Additionally, the State of California has made available rebates for the purchase of electric and hybrid-
electric vehicles through the Clean Vehicle Rebate Program. The Federal tax credit and the State rebate can
now be compounded to lower the overall purchase cost of each vehicle.
The City will continue to make every effort to source vehicles locally that are not specialized or are not in
the Climate Mayors Electric Vehicle Purchasing Collaborative.
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 18705.2(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 action supports the goal
of providing Healthy Communities, as having service vehicles in good working condition allows staff to
maintain and operate community and neighborhood facilities.
CURRENT-YEAR FISCAL IMPACT
The net total cost including taxes is approximately $750,000.00 in the current Fiscal Year. Sufficient funds
have been budgeted in the Measure P Expenditure Plan and Departmental budgets. No appropriations are
being requested as part of this action.
2018-10-23 Agenda Packet Page 126
P a g e | 5
ONGOING FISCAL IMPACT
Since these are more efficient replacement vehicles, there is an anticipated savings to General Fund. Fuel
savings and maintenance savings will be incorporated into future budgets as part of the normal budget
development process.
ATTACHMENTS
1. Proposed Climate Mayors EV Replacement Plan
2.National Corp Leasing Contract
3.Terminal Rental Adjustment Rider
Staff Contact: Steven Knapp, Fleet Manager, Public Works
2018-10-23 Agenda Packet Page 127
VEH.#DEPARTMENT DETAIL YEAR AGE MAKE MODEL NEW VEH. DESCRIPTION
1924 CONSTRUCTION INSPECTION 2004 14 CHEVROLET TRAILBLAZER BOLT CARGO
2293 CONSTRUCTION INSPECTION 2002 16 DODGE DAKOTA BOLT CARGO
2294 CONSTRUCTION INSPECTION 2002 16 DODGE DAKOTA BOLT CARGO
1931 CONSTRUCTION INSPECTION 2007 11 DODGE DURANGO OUTLANDER PHEV
2214 CONSTRUCTION INSPECTION 2003 15 DODGE DAKOTA OUTLANDER PHEV
1132 CONSTRUCTION INSPECTION - NPDES 2002 16 FORD TAURUS LX BOLT CARGO
1930 CONSTRUCTION REPAIR 2007 11 FORD ESCAPE HYBRID OUTLANDER PHEV
NEW DEVELOPMENT SERVICES N/A N/A N/A N/A OUTLANDER PHEV
NEW DEVELOPMENT SERVICES N/A N/A N/A N/A OUTLANDER PHEV
1926 ENVIRONMENTAL SERVICES 2006 12 FORD ESCAPE HYBRID BOLT
NEW ENVIRONMENTAL SERVICES N/A N/A N/A N/A BOLT
NEW ENVIRONMENTAL SERVICES N/A N/A N/A N/A BOLT
2013 FIRE PREVENTION 2005 13 CHEVROLET COLORADO BOLT
2014 FIRE PREVENTION 2005 13 CHEVROLET COLORADO BOLT
2017 FIRE PREVENTION 2004 14 DODGE DAKOTA BOLT
2018 FIRE PREVENTION 2005 13 CHEVROLET COLORADO BOLT
2020 FIRE PREVENTION 2005 13 CHEVROLET COLORADO BOLT
2121 FIRE PREVENTION 2000 18 CHEVROLET S-10 BOLT
2219 FIRE PREVENTION 2004 14 DODGE DAKOTA BOLT
13815 POLICE - CSO VAN 2008 10 FORD TAURUS X OUTLANDER PHEV
1145 POLICE INVESTIGATIONS 2005 13 FORD TAURUS FUSION ENERGI - PHEV
1147 POLICE INVESTIGATIONS 2005 13 FORD Taurus FUSION ENERGI - PHEV
1153 POLICE INVESTIGATIONS 2007 11 FORD 500 FUSION ENERGI - PHEV
1154 POLICE INVESTIGATIONS 2007 11 FORD 500 FUSION ENERGI - PHEV
1157 POLICE INVESTIGATIONS 2007 11 FORD 500 FUSION ENERGI - PHEV
1158 POLICE INVESTIGATIONS 2008 10 CHEVROLET IMPALA FUSION ENERGI - PHEV
1159 POLICE INVESTIGATIONS 2008 10 CHEVROLET IMPALA FUSION ENERGI - PHEV
1160 POLICE INVESTIGATIONS 2008 10 CHEVROLET IMPALA FUSION ENERGI - PHEV
1161 POLICE INVESTIGATIONS 2008 10 CHEVROLET IMPALA FUSION ENERGI - PHEV
1162 POLICE INVESTIGATIONS 2008 10 CHEVROLET IMPALA FUSION ENERGI - PHEV
1319 POLICE INVESTIGATIONS 2006 12 FORD FREESTAR FUSION ENERGI - PHEV
11001 POLICE INVESTIGATIONS 2010 8 FORD TAURUS FUSION ENERGI - PHEV
11003 POLICE INVESTIGATIONS 2010 8 FORD FUSION FUSION ENERGI - PHEV
2225 STREET MAINTENANCE 2007 11 CHEVROLET C1500 HYBRID OUTLANDER PHEV
OLD VEHICLE INFORMATION
PROPOSED CLIMATE MAYORS ELECTRIC VEHICLE REPLACEMENT PLAN
2018-10-23 Agenda Packet Page 128
MASTER LEASE PURCHASE AGREEMENT
This Master Lease Purchase Agreement (this “Agreement”), dated as of [DATE], is made and
entered into by and between LSC Financial (together with its successors and assigns, “Lessor”) and the
[Lessee], a political subdivision of the State of [STATE] (“Lessee”).
In consideration of the mutual covenants herein contained, the parties hereto agree as follows:
1. LEASE OF EQUIPMENT; FUNDING
1.1. Lease; Possession and Use. Lessor hereby agrees to lease to Lessee, and Lessee hereby
agrees to lease from Lessor the property described in each Lease Schedule (defined herein) executed and
delivered by Lessor and Lessee, upon the terms and conditions set forth herein, together with all
attachments, additions, accessions, parts, repairs, improvements, replacements and substitutions thereto
(the “Equipment”). Each Lease (defined herein) executed and delivered by Lessor and Lessee pursuant to
this Agreement shall constitute a separate and independent lease and installment purchase of the
Equipment described therein. This Agreement is not a commitment by Lessor to enter into any Lease and
nothing in this Master Lease shall be construed to impose any obligation upon Lessor to enter into any
proposed Lease. The decision whether Lessor enters into any Lease is within Lessor’s sole discretion. As
used herein, (i) “Lease Schedule” means a schedule substantially in the form attached as Exhibit A to this
Agreement, together with all addenda, riders, attachments, certificates and exhibits thereto, as the same
may from time to time be amended, modified or supplemented, and (ii) “Lease” means a Lease Schedule
each together with this Agreement the terms and conditions of which are incorporated therein.
1.2. Funding. Unless otherwise provided in the applicable Lease Schedule, in order to
provide financing to pay the costs to acquire the Equipment and to pay certain costs related to the
execution and delivery of the Lease documents as set forth in the applicable Lease Schedule (the
“Purchase Price”), Lessor and Lessee shall execute and deliver an escrow agreement relating to such
Schedule in form and substance and with an escrow agent satisfactory to Lessor (an “Escrow
Agreement”). If all conditions set forth in Section 1.3 have been satisfied in full or waived, then Lessor
will deposit or cause to be deposited into an escrow fund under the related Escrow Agreement, or pay to
the Equipment vendor an amount (which may include estimated investment earnings thereon) equal to the
Purchase Price for the Equipment to be financed under the related Lease Schedule.
1.3. Funding Requirements. The funding of the Purchase Price and the performance by
Lessor of any of its obligations pursuant to any Lease, are subject to the satisfaction or waiver of the
following:
(a) Lessor has received all of the following documents, which shall be reasonably
satisfactory, in form and substance, to Lessor: (1) evidence of insurance coverage or self-insurance as
required by the Lease; (2) an opinion of counsel to Lessee with respect to certain matters relating to the
related Lease; (3) Equipment invoice(s) from the vendor(s) or supplier(s) of the Equipment; (4) copies of
resolutions by Lessee’s governing body, duly authorizing this Agreement, the Lease and the Escrow
Agreement and any other documents related thereto and incumbency certificates for the person(s)
executing the Lease documents; (5) if all or a portion of the Purchase Price will be paid to vendor(s) or
supplier(s) of the Equipment on behalf of Lessee, an acceptance certificate for the related Equipment
(substantially in the form attached as Exhibit B to this Agreement)(an “Acceptance Certificate”), (7) the
Manufacturer’s Statement of Origin for the Equipment; and (8) such other documents and information
previously identified by Lessor or otherwise reasonably requested by Lessor.
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(b) Lessee has executed and delivered to Lessor the Lease Schedule, its related Payment
Schedule and the related Escrow Agreement (if applicable);
(c) no Event of Default shall have occurred and be continuing under any Lease;
(d) no material adverse change shall have occurred in the financial condition of Lessee;
(e) the Equipment is reasonably satisfactory to Lessor and is free and clear of any Liens
(defined herein) other than the respective rights of Lessor and Lessee as herein provided; and
(f) all representations of Lessee in the Lease remain true, accurate and complete.
1.4. Delivery and Acceptance of Equipment. Lessee shall order each Equipment, shall cause
the Equipment to be delivered at the locations specified under the applicable Lease Schedule and shall
pay all taxes and delivery costs in connection therewith. If the Purchase Price is deposited under an
Escrow Agreement for the acquisition of the Equipment, such funds shall be disbursed as provided
therein. The insufficiency of proceeds of any Lease to pay all costs of the Equipment subject thereto shall
not affect Lessee’s obligations under this Section. When the Equipment described in such Lease
Schedule is delivered and accepted, Lessee shall promptly execute and deliver to Lessor an Acceptance
Certificate for the Equipment.
2. TERM
2.1. Term. The term of each Lease (the “Lease Term”) shall commence on the Lease Date set
forth in the applicable Lease Schedule and shall continue until the end of the fiscal year of Lessee in
effect at such Lease Date (the “Original Term”); provided that the Lease Term for each Lease may be
continued, solely at the option of Lessee, at the end of the Original Term or any renewal term of each
Lease, each having a duration of one year and a term coextensive with Lessee’s fiscal year or such earlier
date specified in the Lease (each a “Renewal Term”), as specified in the Lease Schedule applicable
thereto up to the maximum Lease Term set forth in such Lease. At the end of the Original Term and at
the end of each Renewal Term until the maximum Lease Term has been completed, Lessee shall be
deemed to have exercised its option to continue each Lease for the next Renewal Term, unless sooner
terminated pursuant to the Lease.
3. RENTAL PAYMENTS
3.1. Rental Payments. Subject to Sections 3.2 and 3.4, Lessee agrees to pay the rent payments
(“Rental Payments”) in the amounts and on the dates (each a “Payment Date”) as specified in the
Payment Schedule attached to each Lease Schedule. All Rental Payments shall be paid to Lessor, at such
places as Lessor may from time to time designate by written notice to Lessee. Lessee shall pay the Rental
Payments with lawful money of the United States of America from moneys legally available therefor.
3.2. Current Expense. The obligations of Lessee, including its obligation to pay the Rental
Payments due in any fiscal year shall constitute a current expense of Lessee for such fiscal year and shall
not constitute an indebtedness of Lessee within the meaning of the Constitution and laws of the State of
[STATE] (the “State”). THE RENTAL PAYMENTS ARE TO BE MADE ONLY FROM LESSEE’S
LEGALLY AVAILABLE REVENUES APPROPRIATED ON AN ANNUAL BASIS, AND NONE OF
LESSEE, THE STATE, OR ANY POLITICAL SUBDIVISION OR AGENCY THEREOF SHALL BE
OBLIGATED TO PAY ANY SUMS DUE UNDER A LEASE FROM THE COMPELLED LEVY OF
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AD VALOREM OR OTHER TAXES EXCEPT FROM THOSE LEGALLY AVAILABLE REVENUES
APPROPRIATED BY LESSEE ON AN ANNUAL BASIS. Nothing herein shall constitute a pledge by
Lessee of the full faith and credit or taxing power of the Lessee, the State or any political subdivision or
agency thereof. The person or entity in charge of preparing Lessee’s budget will include in the budget
request for each fiscal year the Rental Payments to become due during such fiscal year, and will use all
reasonable and lawful means available to secure the appropriation of money for such fiscal year sufficient
to pay all Rental Payments coming due therein; provided that Lessee’s governing body retains the
authority to approve or reject such budget request. Lessor acknowledges that appropriation for Rental
Payments is a governmental function which Lessee cannot contractually commit itself in advance to
perform. Without committing itself to do so, Lessee reasonably believes that moneys in an amount
sufficient to make all Rental Payments can and will lawfully be appropriated and made available to permit
Lessee’s continued utilization of the Equipment in the performance of its essential functions during the
applicable Lease Term.
3.3. Unconditional Rental Payments. Subject to Sections 3.2 and 3.4, (a) Lessee’s obligation
to make Rental Payments and any other payments hereunder shall be absolute and unconditional; (b)
Lessee shall make such payments when due and shall not withhold any of these payments pending final
resolution of any disputes; (c) Lessee shall not assert any right of set-off or counterclaim against its
obligation to make these payments; (d) Lessee’s obligation to make Rental Payments or other payments
shall not be abated through accident, unforeseen circumstances, failure of the Equipment to perform as
desired, damage or destruction to the Equipment, loss of possession of the Equipment or obsolescence of
the Equipment; and (e) Lessee shall be obligated to continue to make payments required of it by this
Agreement if title to, or temporary use of, the Equipment or any part thereof shall be taken under exercise
of the power of eminent domain.
Nonappropriation. If during the then current fiscal year of Lessee, sufficient funds are not appropriated to
make Rental Payments required under a Lease for the following fiscal year (an “Event of
Nonappropriation”), Lessee shall be deemed not to have renewed such Lease for the following fiscal year,
and the Lease shall terminate at the end of the then current fiscal year, and Lessee shall not be obligated
to make Rental Payments under the Lease beyond the then current fiscal year for which funds have been
appropriated. Upon an Event of Nonappropriation, Lessee shall return the Equipment subject to the Lease
to Lessor in accordance with the requirements of Section 11.3. Lessee shall notify Lessor in writing no
later than 30 days following an Event of Nonappropriation, but failure to provide such notice shall not
operate to extend the Lease Term. If Lessee fails to return the applicable Equipment or otherwise comply
with Section 11.3, the termination shall nevertheless be effective, but Lessee shall be responsible for the
payment of an amount equal to the Rental Payments that would thereafter have come due if the Lease had
not been terminated and which are attributable to the number of days after which Lessee fails to comply
with Lessor’s instructions and for any other loss suffered by Lessor as a result of Lessee’s failure to take
such actions as required. In addition, Lessor may, by written instructions to any escrow agent who is
holding proceeds of the Lease, instruct such escrow agent to release all such proceeds and any earnings
thereon to Lessor.
4. Security Interest. In order to secure the prompt and full payment and performance as and when
due of any and all of Lessee’s obligations under each Lease, now existing or hereafter created of any kind
whatsoever, including all of the same under the related Lease documents, Lessee hereby grants, pledges
and assigns to Lessor a first priority security interest with respect to all of Lessee’s right, title and interest
in, to and under all of the following collateral, whether now existing or hereafter acquired: (i) (in the
event that contrary to the intentions of the parties, a court determines that such Lease is not a true “lease”
under applicable commercial law) each item covered thereby; (ii) all related intangible rights, subleases,
licenses, maintenance agreements, all substitutions, replacements or exchanges for any Item of Equipment
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(in each case in which Lessee shall from time to time acquire an interest), insurance policies and other
related property, including all amounts paid or payable in connection therewith; (iii) any collateral
described in the other Lease documents; and (iv) all proceeds of the foregoing ((i), (ii), (iii) and (iv),
collectively, the “Collateral”). Lessee agrees that with respect to each Lease, in addition to all of the
other rights and remedies available to Lessor under the related Lease documents, Lessor shall have all of
the rights and remedies of a secured party under the UCC and any other applicable law with respect to
such collateral.
5. PURCHASE ORRETURNOFEQUIPMENT
5.1. End of Lease Term. Lessee shall have the option to purchase or return the Equipment
under a Lease upon the expiration of the maximum Lease Term as provided in the Terminal Rental
Adjustable Rider attached hereto (the “TRAC Rider”). In addition, Lessee shall have the option to return
all of the Equipment pursuant to the terms and conditions contains in Section 3.4 herein.
5.2. Excess Proceeds. Lessee’s obligations under a Lease may, to the extent applicable, be
prepaid in part from the excess proceeds of the Lease on the terms set forth in any Escrow Agreement
pursuant to which proceeds of the Lease are being held.
5.3. Release of Lessor’s Interest. Upon timely receipt, in collected funds, of all amounts
required for the purchase of the Equipment subject to any Lease pursuant to the TRAC Rider, such Lease
shall terminate, all of Lessor’s right, title and interest in and to the Equipment shall terminate, and Lessor
shall deliver to Lessee or the third-party purchaser of the Equipment such documents and instruments to
evidence the termination of the Lease and Lessor’s interest in the Equipment, without warranty by or
recourse to Lessor.
6. REPRESENTATION AND WARRANTIES.
6.1. Representations and Warranties. Lessee shall be deemed to make the following
representations and warranties to Lessor with respect to each Lease, in each case as of date of such Lease:
(a) Lessee is a state or political subdivision of the State, duly organized and existing under
the Constitution and laws of the State, and is authorized under the Constitution and laws of the State to
enter into this Agreement, the other Lease documents and the transactions contemplated hereby and
thereby, and to perform all of its obligations under this Agreement and the other Lease documents.
(b) The execution and delivery of this Agreement and the Lease Schedule have been duly
authorized by all necessary action of Lessee’s governing body and such action is in compliance with all
public bidding and other State and federal laws applicable to this Agreement and the acquisition and
financing of the Equipment by Lessee.
(c) This Agreement and the Lease Schedule have been duly executed and delivered by and
constitute the valid and binding obligations of Lessee, enforceable against Lessee in accordance with their
respective terms.
(d) The execution, delivery and performance of this Agreement and the Lease Schedule by
Lessee does not (i) violate any State or federal law or local law or ordinance, or any order, writ,
injunction, decree, or regulation of any court or other governmental agency or body applicable to Lessee,
or (ii) conflict with or result in the breach or violation of any term or provision of, or constitute a default
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under, any note, bond, mortgage, indenture, agreement, deed of trust, lease or other obligation to which
Lessee is bound.
(e) There is no action, suit, proceeding, claim, inquiry or investigation, at law or in equity,
before or by any court, regulatory agency, public board or body pending or, to the best of Lessee’s
knowledge, threatened against or affecting Lessee, challenging Lessee’s authority to enter into this
Agreement or the Lease Schedule or any other action wherein an unfavorable ruling or finding would
adversely affect the enforceability of this Agreement or the Lease Schedule.
(f) Lessee or Lessee’s governing body has appropriated and/or taken other lawful actions
necessary to provide moneys sufficient to pay all Rental Payments during the current fiscal year, and such
moneys will be applied in payment of all Rental Payments due and payable during such current fiscal
year.
(g) Lessee has an immediate need for, and expects to make immediate use of, the Equipment,
which need is not temporary or expected to diminish during the applicable Lease Term.
7. INSURANCE; CASUALTY AND CONDEMNATION
7.1. Liability and Property Insurance. Lessee shall, at its own expense, procure and maintain
continuously in effect during each Lease Term: (a) public liability insurance for death or injuries to
persons, or damage to property arising out of or in any way connected to the Equipment sufficient to
protect Lessor and its assigns from liability in all events, with a coverage of not less than $1,000,000 per
occurrence unless specified differently in the related Lease Schedule, and (b) insurance against such
hazards as Lessor may require, including, but not limited to, all-risk casualty and property insurance, in an
amount equal to the greater of the full replacement cost of the Equipment.
7.2. Insurance Requirements. All insurance policies required by Section 6.1 shall be taken
out and maintained with insurance companies acceptable to Lessor and shall contain a provision that
thirty (30) days prior to any change in the coverage (including cancellation) the insurer must provide
written notice to the insured parties. No insurance shall be subject to any co-insurance clause. Each
liability insurance policy shall be endorsed to name Lessor and its assigns as an additional insured party
and each casualty and property insurance policy shall be endorsed to name Lessor and its assigns as loss
payee, in each case regardless of any breach of warranty or other act or omission of Lessee. Lessee may
self-insure against the risks described in Section 6.1 with the prior written consent of Lessor.
8. ADDITIONAL OBLIGATIONS
8.1. Use and Maintenance of Equipment. Lessee shall, at its own expense, maintain the
Equipment in good condition and proper working order, and shall make all necessary repairs and
replacements to keep the Equipment in such condition. The Equipment will be used by Lessee only for
the purpose of performing Lessee’s essential governmental functions. Lessee shall not use, operate or
maintain the Equipment improperly, carelessly, in violation of any manufacturer’s guidelines or in
violation of any applicable law or regulation or in a manner contrary to that contemplated by this
Agreement. Lessee shall obtain and maintain all permits and licenses necessary for the operation of the
Equipment. Lessee shall have sole responsibility to maintain and repair the Equipment. Lessee shall
house the Equipment at the address specified in the related Lease Schedule; provided that Lessee may
change the location at which any Equipment is or housed with thirty (30) days prior written notice to
Lessor specifying the address of the new location. Lessee shall provide Lessor access at all reasonable
times to examine and inspect the Equipment and provide Lessor with such access to the Equipment as
may be reasonably necessary to perform maintenance on the Equipment in the event of failure by Lessee
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to perform its obligations hereunder. If Lessor reasonably determines that Lessee is not maintaining any
of the Equipment in accordance with this Section, Lessor may (in addition to any other remedies it may
have) require Lessee to enter into maintenance contracts for such Equipment in form approved by Lessor
and with approved providers.
8.2. Taxes. Lessee shall pay all taxes, assessments and other charges which are assessed or
levied against the Equipment or any part thereof, during the Lease Term, whether assessed against Lessee
or Lessor. With respect to any taxes or charges that may lawfully be paid in installments over a period of
years, Lessee shall be obligated to pay only such installments as accrue during the then current fiscal year
of the Lease Term for such Equipment.
8.3. Modification of Equipment. Lessee will not, without the prior written consent of Lessor,
affix or install any accessory equipment or device on any of the Equipment if such addition will change or
impair the originally intended value, function or use of the Equipment.
8.4. Liens. Lessee shall not, directly or indirectly, create, incur, assume or suffer to exist any
mortgage, pledge, lien, charge, encumbrance or other claim with respect to the Equipment (each, a
“Lien”), other than the respective rights of Lessor and Lessee as herein provided. Lessee shall promptly,
at its own expense, take such actions as may be necessary duly to discharge or remove any such claim if
the same shall arise at any time.
8.5. Financial Information. Lessee shall deliver to Lessor (i) its annual audited financial
statements within 270 days after the end of each fiscal year, (ii) its annual budget the each fiscal year
promptly following approval thereof, and (iii) such other financial statements and information relating to
the ability of Lessee to satisfy its obligations under this Agreement and the Lease as may be reasonably
requested by Lessor from time to time.
9. TITLE; NO WARRANTIES BY LESSOR
9.1. During the Lease Term, legal title to all Equipment shall be in the name of Lessor,
subject to the leasehold interest of Lessee and terms and conditions hereof. Lessee acknowledges that
Lessor (a) is holding legal title solely for purposes of facilitating the financing of the Equipment (b) does
not operate, control or have possession of the Equipment and has no control over the work performed by
Lessee or any vendor with respect to the Equipment, and (c) has no obligation with respect the operation,
use, storage or maintenance of the Equipment. Upon an Event of Default or an Event of
Nonappropriation, title shall immediately vest in Lessor, free and clear of any right, title or interest of
Lessee.
9.2. Personal Property. The Equipment is and shall at all times be and remain personal
property and not fixtures.
9.3. No Warranties. LESSEE ACQUIRES AND LEASES THE EQUIPMENT UNDER
EACH LEASE “AS IS.” LESSEE ACKNOWLEDGES THAT LESSOR DID NOT MANUFACTURE
THE EQUIPMENT UNDER ANY LEASE. LESSOR DOES NOT REPRESENT THE
MANUFACTURER, SUPPLIER, OWNER OR DEALER, AND LESSEE SELECTED THE
EQUIPMENT BASED UPON LESSEE’S OWN JUDGMENT. LESSOR MAKES NO WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE OR OTHERWISE OR AS TO THE EQUIPMENT’S VALUE, DESIGN,
CONDITION, USE, CAPACITY OR DURABILITY. LESSEE AGREES THAT REGARDLESS OF
CAUSE, LESSOR IS NOT RESPONSIBLE FOR, AND LESSEE WILL NOT MAKE ANY CLAIM
AGAINST LESSOR FOR, ANY DAMAGES, WHETHER CONSEQUENTIAL, DIRECT, SPECIAL
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OR INDIRECT INCURRED BY LESSEE IN CONNECTION WITH THE EQUIPMENT UNDER ANY
LEASE. NEITHER THE MANUFACTURER, SUPPLIER OR DEALER NOR ANY SALESPERSON,
EMPLOYEE OR AGENT OF THE MANUFACTURER, SUPPLIER OR DEALER IS LESSOR’S
AGENT OR HAS ANY AUTHORITY TO SPEAK FOR LESSOR OR TO BIND LESSOR IN ANY
WAY. For and during the Lease Term under each Lease, Lessor assigns to Lessee any manufacturer’s or
Supplier’s product warranties, express or implied, applicable to any Equipment and Lessor authorizes
Lessee to obtain the customary services furnished in connection with such warranties at Lessee’s sole
expense. Lessee agrees that (a) all Equipment will have been purchased by Lessor for the benefit of the
Lessee in accordance with Lessee’s specifications from suppliers selected by Lessee, (b) Lessor is not a
manufacturer or dealer of any Equipment and has no liability for the delivery of any Equipment,
(c) Lessor assumes no obligation with respect to any manufacturer’s or Supplier’s product warranties or
guaranties, (d) no manufacturer or Supplier or any representative of said parties is an agent of Lessor, and
(e) any warranty, representation, guaranty or agreement made by any manufacturer or supplier or any
representative of said parties shall not be binding upon Lessor.
10. RISK OF LOSS; CASUALTY; INDEMNITY
10.1. Risk of Loss. As between Lessee and Lessor, Lessee bears the entire risk of loss, theft,
damage or destruction of any Equipment in whole or in part for any reason whatsoever. No loss to any
Equipment shall relieve Lessee from the obligation to make any Rental Payments or to perform any other
obligation under any Lease. Proceeds of any insurance recovery will be applied to Lessee’s obligations
under this Section 9.
10.2. Notice of Loss. If a casualty occurs to any Equipment, Lessee shall immediately notify
Lessor of the same and Lessee shall, unless otherwise directed by Lessor, immediately repair the same.
10.3. Casualty; Application of Proceeds. If Lessor determines that any item of Equipment has
suffered a casualty loss is beyond repair, then Lessee shall either: (a) immediately replace such
Equipment with similar equipment in good repair, condition and working order free and clear of any liens
(except Lessor’s rights and interest as provided herein) and deliver to Lessor a purchase order, bill of sale
or other evidence of sale to Lessee covering the replacement equipment, in which event such replacement
equipment shall automatically be Equipment under the applicable Lease, or (b) on the next scheduled
Payment Date, pay Lessor (i) all amounts owed by Lessee under the applicable Lease, including the
Rental Payment due on such date, plus (ii) an amount equal to the applicable Prepayment Price set forth
in the Payment Schedule to the applicable Lease. If Lessee is making such payment with respect to less
than all of the Equipment under a Lease, then Lessor will provide Lessee with the pro rata amount of the
Prepayment Price to be paid by Lessee with respect to the such Equipment.
10.4. Claims and Expenses. To the extent permitted by law, Lessee shall bear the risk for, shall
pay directly and shall defend against any and all claims, liabilities, proceedings, actions, expenses
(including reasonable attorneys’ fees), damages or losses arising under or related to any Equipment,
including, but not limited to, the possession, ownership, lease, use or operation thereof. These obligations
of Lessee shall survive any expiration or termination of any Lease.
11. ASSIGNMENT
11.1. Assignment by Lessor. Lessor may assign its rights, title and interest in and to any
Lease, any Equipment or any Escrow Agreement (including the escrow fund thereunder), and/or may
grant or assign a security interest in any Lease, its Equipment or any Escrow Agreement (including the
escrow fund thereunder), in whole or in part, to any party at any time and from time to time without
Lessee’s consent. Any such assignee or lien holder (an “Assignee”) shall have all of the rights of Lessor
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under the applicable Lease and Escrow Agreement. LESSEE AGREES NOT TO ASSERT AGAINST
ANY ASSIGNEE ANY CLAIMS, ABATEMENTS, SETOFFS, COUNTERCLAIMS, RECOUPMENT
OR ANY OTHER SIMILAR DEFENSES WHICH LESSEE MAY HAVE AGAINST LESSOR. Unless
otherwise agreed by Lessee in writing, any such assignment transaction shall not release Lessor from any
of Lessor’s obligations under the applicable Lease. An assignment or reassignment of any of Lessor’s
right, title or interest in a Lease, its Equipment or any Escrow Agreement (including the Escrow Fund
thereunder) shall be enforceable against Lessee only after Lessee receives a written notice of assignment
that discloses the name and address of each such Assignee. Lessee agrees to acknowledge in writing any
such assignments if so requested.
11.2. Assignment and Subleasing by Lessee. Neither this Agreement nor any Lease or any
Equipment may be assigned, subleased, sold, transferred, pledged or mortgaged by Lessee.
12. EVENTS OF DEFAULT; REMEDIES
12.1. Events of Default Defined. The occurrence of any of the following events with respect to
a Lease shall constitute an Event of Default under the Lease:
(a) Lessee’s failure to pay any Rental Payment or other amount required to be paid to Lessor
under the Lease within five (5) days following the due date thereof, other than due to an Event of
Nonappropriation;
(b) Lessee fails to perform or observe any of its obligations under Section 6, 7.4 or 10.2
hereof;
(c) With the exception of the above clauses (a) or (b), Lessee’s failure to perform or abide by
any condition, agreement or covenant with respect to the Lease for a period of thirty (30) days after
written notice by Lessor to Lessee specifying such failure and requesting that it be remedied, unless
Lessor shall agree in writing to an extension of time prior to its expiration;
(d) Lessee shall be in default with respect to the payment or performance of any
indebtedness, liability or obligation to Lessor or any of its affiliates under any note, loan agreement,
security agreement, lease, title retention or conditional sales agreement or any other instrument or
agreement (including the occurrence of any Event of Default under any other Lease then held by Lessor),
whether accelerated or otherwise and any applicable grace period with respect thereto has expired; or
(e) Any statement, representation or warranty made by Lessee in the Lease or in any writing
delivered by Lessee pursuant thereto or in connection therewith proves at any time to have been false,
misleading or erroneous in any material respect as of the time when made; or
(f) Lessee applies for or consents to the appointment of a receiver, trustee, conservator or
liquidator of Lessee or of all or a substantial part of its assets, or a petition for relief is filed by Lessee
under any federal or state bankruptcy, insolvency, moratorium or similar law.
12.2. Remedies on Default. Upon the occurrence of any Event of Default with respect to a
Lease, Lessor shall have the right, at its option and without any further demand or notice to one or more
or all of the following remedies with respect to the Lease:
(a) Lessor, with or without terminating the Lease, may declare all Rental Payments payable
under the Lease to the end of the then-current fiscal year of Lessee to be immediately due and payable by
Lessee, whereupon such Rental Payments shall be immediately due and payable.
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(b) Lessor may require Lessee, at its sole cost and expense, to promptly return all Equipment
to Lessor in the manner set forth in Section 11.3 (and Lessee agrees that it shall so return the Equipment),
or Lessor may, at its option, enter upon the premises where any Equipment is located and repossess such
Equipment without demand, without any court order or other process of law and without liability for any
damage occasioned by such repossession; and Lessor may thereafter dispose of the Equipment. If Lessor
terminates the Lease and disposes of any or all of the Equipment, Lessor shall apply the proceeds of any
such disposition to pay the following items in the following order: (i) all costs and expenses (including,
but not limited to, attorneys’ fees) incurred in securing possession of the Equipment; (ii) all costs and
expenses incurred in completing the disposition of the Equipment; (iii) any sales or transfer taxes incurred
in the disposition of the Equipment; (iv) any Rental Payments payable under the Lease to the end of the
then-current fiscal year of Lessee; (v) the outstanding principal component of Rental Payments and the
Estimated Fair Market Value payment as outlined in the TRAC Rider under the Lease; and (vi) any other
amounts then due under the Lease. Any disposition proceeds remaining after the requirements of clauses
(i), (ii), (iii), (iv), (v) and (vi) have been met shall be paid to Lessee. No deficiency shall be allowed
against Lessee, except with respect to any unpaid Rental Payments to the end of the then-current fiscal
year of Lessee and unpaid costs and expenses incurred by Lessor in connection with the repossession and
disposition of the Equipment.
(c) By written notice to any escrow agent that is holding proceeds of the Lease under an
Escrow Agreement, Lessor may instruct such escrow agent to release all such proceeds and any earnings
thereon to Lessor, such sums to be credited to payment of Lessee’s obligations under the Lease; or
(d) Lessor may exercise any other remedy available, at law or in equity, with respect to such
Event of Default. Lessee shall pay the reasonable attorneys’ fees and expenses incurred by Lessor in
exercising any remedy hereunder.
12.3. Return of Equipment; Release of Lessee’s Interest. Upon termination of any Lease prior
to the payment of all Rental Payments (whether as result of an Event of Nonappropriation or Event of
Default) thereunder, Lessee shall, within ten (10) days after such termination, at its own expense: (a)
perform any testing and repairs required to place the related Equipment in the condition required by
Section 7; (b) (b) return such Equipment to a location in the continental United States specified by Lessor,
freight and insurance prepaid by Lessee; and (c) comply with any additional return conditions specified in
the Lease Schedule. Lessee shall execute and deliver to Lessor such documents as Lessor may request to
evidence the passage of legal or equitable title and ownership to Lessor and termination of Lessee’s
interest in the Equipment.
With respect to any provision of the Agreement requiring Lessee to return all of the Equipment to
Lessor or to transfer all of the equipment to Lessor, Lessee agrees to voluntarily do so. In the event that
Lessee fails or refuses to return or transfer the Equipment voluntarily as set forth above, Lessor
acknowledges that the Agreement does not and shall not create a right in Lessor to involuntarily
dispossess Lessee of title to or possession of all or any item of the Equipment.
12.4. Late Charge. To the extent permitted by applicable law, Lessee shall pay Lessor a charge
on any Rental Payment not paid on the date such payment is due at a rate equal to the interest rate set
forth in the applicable Lease Schedule plus 5% per annum or the maximum amount permitted by law,
whichever is less (the “Default Rate”), from such date.
12.5. No Remedy Exclusive. Each of the rights and remedies under this Agreement and each
Lease is cumulative and may be enforced separately or concurrently. No course of dealing or conduct
between Lessor and Lessee shall be effective to amend, modify or change any provisions of this
2018-10-23 Agenda Packet Page 137
10
Agreement or any Lease. No failure or delay by Lessor to insist upon the strict performance of any term,
covenant or agreement of the Agreement or any Lease, or to exercise any right, power or remedy
consequent upon a breach thereof, shall constitute a waiver of any such term, covenant or agreement or of
any such breach, or preclude Lessor from exercising any such right, power or remedy at any later time or
times.
12.6. Costs and Attorneys’ Fees. Upon the occurrence of an Event of Default, Lessee agrees to
pay to Lessor or reimburse Lessor for, in addition to all other amounts payable hereunder, all of Lessor’s
costs of collection, including reasonable attorneys’ fees, whether or not suit or action is filed thereon.
Any such costs shall be immediately due and payable upon written notice and demand given to Lessee,
shall be secured by this Agreement until paid, and shall bear interest at the Default Rate. In the event suit
or action is instituted to enforce any of the terms of this Agreement, the prevailing party shall be entitled
to recover from the other party such sum as the court may adjudge reasonable as attorneys’ fees at trial
and on appeal of such suit or action or in any bankruptcy proceeding, in addition to all other sums
provided by law.
13. MISCELLANEOUS PROVISIONS
13.1. Notices. All written notices to be given under this Agreement shall be given (a)
personally, (b) by mail in registered or certified form, with postage prepaid, or (c) by overnight courier,
charges prepaid, in each case to the party entitled thereto at its address specified beneath each party’s
signature, or at such address as the party may provide to the other parties hereto in writing from time to
time, and to any assignee at its address as it appears on the registration books maintained by Lessee. Any
such notice shall be deemed to have been received 72 hours after deposit in the United States mail, 24
hours after deposit with a courier, or, if given by other means, when delivered.
13.2. Binding Effect. This Agreement and each Lease hereunder shall be binding upon and
shall inure to the benefit of Lessor and Lessee and their respective successors and assigns. Specifically,
as used herein the term “Lessor” means, with respect to a Lease, any person or entity to whom Lessor has
assigned its right to receive Rental Payments under such Lease.
13.3. Severability. In the event any provision of this Agreement or any Lease shall be held
invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or
render unenforceable any other provision hereof.
13.4. Entire Agreement; Amendments. Each Lease constitutes the entire agreement of the
parties with respect to the subject matter thereof and supersedes all prior and contemporaneous writings,
understandings, agreements, solicitation documents and representations, express or implied. Each Lease
may be amended or modified only by written documents duly authorized, executed and delivered by
Lessor and Lessee.
13.5. Captions. The captions or headings in this Agreement are for convenience only and in no
way define, limit or describe the scope or intent of any provisions, Articles, Sections or clauses hereof.
13.6. Further Assurances and Corrective Instruments. Lessor and Lessee agree that they will,
from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and
delivered, such supplements hereto and such further instruments as may reasonably be required to perfect,
confirm, establish, reestablish, continue or complete the interests of Lessor in this Agreement and each
Lease, to consummate the transactions contemplated hereby and thereby, and to carry out the purposes
and intentions of this Agreement and each Lease.
2018-10-23 Agenda Packet Page 138
11
13.7. Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State.
13.8. Usury. It is the intention of the parties hereto to comply with any applicable usury laws;
accordingly, it is agreed that, notwithstanding any provisions to the contrary herein or in any Lease
Schedule, in no event shall this Agreement or any Lease hereunder require the payment or permit the
collection of interest or any amount in the nature of interest or fees in excess of the maximum amount
permitted by applicable law. Any such excess interest or fees shall first be applied to reduce principal,
and when no principal remains, refunded to Lessee. In determining whether the interest paid or payable
exceeds the highest lawful rate, the total amount of interest shall be spread through the applicable Lease
Term so that the interest is uniform through such term.
13.9. Waiver of Jury Trial. To the extent permitted by applicable law, Lessor and Lessee
hereby waive any right to trial by jury in any action or proceeding with respect to, in connection with or
arising out of this Agreement.
13.10. USA Patriot Act Compliance Notification. Lessor hereby notifies Lessee that pursuant to
the requirements of the USA PATRIOT Act (the “Patriot Act”), it is required to obtain, verify and record
information that identifies Lessee, which information includes the name and address of Lessee and other
information that will allow Lessor to identify Lessee in accordance with the Patriot Act. Lessee shall,
promptly upon Lessor’s request, provide all documentation and other information that Lessor requests in
order to comply with its ongoing obligations under applicable “know your customer” and anti-money
laundering rules and regulations, including the Patriot Act.
13.11. Relationship of Parties. Lessee acknowledges and agrees that (i) this Agreement and
each Lease and the transactions related thereto is an arm’s-length commercial transaction between Lessor
and Lessee, (ii) in connection therewith and with the discussions, undertakings, and procedures leading up
to the consummation of this transaction, Lessor is and has been acting solely as a principal and is not
acting as the agent, advisor or fiduciary of Lessee, (iii) Lessor has not assumed an advisory or fiduciary
responsibility in favor of Lessee with respect to the transactions contemplated hereby or the discussions,
undertakings, and procedures leading thereto (regardless of whether Lessor or any affiliate thereof has
provided other services or is currently providing other services to Lessee on other matters) and Lessor has
no obligation to Lessee with respect to the transactions contemplated hereby except the obligations
expressly set forth in this Agreement and any Lease, and (iv) Lessee has consulted its own legal,
financial, and other advisors to the extent it has deemed appropriate.
[The remainder of this page is intentionally blank. Signature page follows.]
2018-10-23 Agenda Packet Page 139
[Signature Page to Master Lease Purchase Agreement]
IN WITNESS WHEREOF, Lessor has caused this Agreement to be executed in its corporate name
by its duly authorized officer, and Lessee has caused this Agreement to be executed in its name by its duly
authorized officer.
[LESSEE]
Lessee
LSC FINANCIAL
Lessor
By:
Name:
Title:
By:
Name:
Title:
Address:
Attn:
Address:
Telephone: Telephone:
E-mail address: E-mail address:
2018-10-23 Agenda Packet Page 140
EXHIBIT A
LEASE SCHEDULE NO. 1
to Master Lease Purchase Agreement
Dated [DATE]
This Lease Schedule (this “Lease Schedule”) relates to the Master Lease Purchase Agreement
dated as of [DATE] (the “Agreement”) between the undersigned Lessor and Lessee, together with the
terms and conditions of the Agreement incorporated herein by reference, constitutes a Lease. Unless
otherwise defined herein, capitalized terms will have the same meaning ascribed to them in the
Agreement. All terms and conditions of the Master Lease are incorporated herein by reference.
1. Equipment Description. As used in the Lease, “Equipment” means all of the property described
in Exhibit 1 attached to this Lease Schedule and all attachments, additions, accessions, parts,
repairs, improvements, replacements and substitutions thereto.
2. Purchase Price. The Purchase Price for the Equipment is [------], which amount shall be
deposited in the Escrow Fund established pursuant to that certain Escrow Agreement dated as of
[DATE] among Lessor, Lessee and [Escrow Agent].
3. Rental Payments; Lease Term. The Rental Payments to be paid by Lessee to Lessor and the
Lease Term of this Lease are set forth on the Payment Schedule attached to this Lease Schedule
as Exhibit 2.
4. Essential Use; Current Intent of Lessee. Lessee represents that (a) the use of the Equipment is
essential to Lessee’s proper, efficient and economic functioning or to the services that Lessee
provides to its citizens, (b) the Equipment will be used by Lessee only for the purpose of
performing its governmental or proprietary functions consistent with the permissible scope of its
authority and will not be used in a trade or business of any person or entity, and (c) the useful life
of the Equipment is not less than the stated full Lease Term of this Lease. Lessee has determined
that a present need exists for the Equipment which need is not temporary or expected to diminish
in the near future. Lessee currently intends for the full Lease Term: to use the Equipment; and to
continue this Lease.
5. Representations, Warranties and Covenants. Lessee hereby represents, warrants and covenants
that its representations, warranties and covenants set forth in the Agreement are true and correct
as though made on the date of execution of this Lease Schedule.
2018-10-23 Agenda Packet Page 141
IN WITNESS WHEREOF, Lessor has caused this Lease Schedule to be executed in its corporate
name by its duly authorized officer, and Lessee has caused this Lease Schedule to be executed in its name by
its duly authorized officer.
[LESSEE]
Lessee
LSC FINANCIAL
Lessor
By:
Name:
Title:
By:
Name:
Title:
Address:
Attn:
Address:
Telephone: Telephone:
E-mail address: E-mail address
2018-10-23 Agenda Packet Page 142
Exhibit 1
Equipment Description
[Insert description and purchase price.]
VIN #S
2018-10-23 Agenda Packet Page 143
Exhibit 2
Payment Schedule
2018-10-23 Agenda Packet Page 144
EXHIBIT B
ACCEPTANCE CERTIFICATE
LSC Financial
Re: Lease Schedule No. 1 dated [DATE] (the “Lease Schedule”) to that certain Master
Lease Purchase Agreement dated as of [DATE] (the “Agreement” and together with
the Lease Schedule, the “Lease”) between LSC Financial, its successors and assigns, as
Lessor, and the [LESSEE], Oklahoma, as Lessee
Ladies and Gentlemen:
I, the undersigned, hereby certify that I am the duly qualified and acting officer of Lessee
identified below and, with respect to the above-referenced Lease Schedule, that:
1. The Equipment subject to the Lease and this Acceptance Certificate has been delivered, is
in good working order and is fully operational and has been fully accepted by Lessee on or before the date
hereof.
2. Attached hereto are true and correct copies of the manufacturers’ and dealers’ invoices
for the Equipment.
3. Lessee has appropriated and/or taken other lawful actions necessary to provide moneys
sufficient to pay all Rental Payments required to be paid under the Lease during the current fiscal year of
Lessee. Such moneys will be applied in payment of all such Rental Payments due and payable during
such current fiscal year.
4. No event or condition that constitutes, or with notice or lapse of time, or both, would
constitute, an Event of Default (as defined in the Lease) exists at the date hereof.
5. This is the final Acceptance Certificate to be executed and delivered in connection with
all of the Equipment subject to the Lease, reflecting that all of the Equipment has been acquired by the
Lessee.
Date: _______________________
[LESSEE]
Lessee
By: ______________________________
Name: ____________________________
Title: _____________________________
2018-10-23 Agenda Packet Page 145
TERMINAL RENTAL ADJUSTMENT RIDER
This TERMINAL RENTAL ADJUSTMENT RIDER (the “TRAC Rider”) is being entered into
concurrently with, and as an integral part of, Lease Schedule No. 1 dated as of __________ _____, 2018
between LSC FINANCIAL (together with its successors and permitted assigns, “Lessor”) and
_______________(together with its successors and permitted assigns, “Lessee”) (the “Lease Schedule”,
and together with the Master Lease Purchase Agreement (the “Agreement”) dated as of __________,
_____, 201__, between Lessor and Lessee, the “Lease”). (Unless otherwise defined herein, capitalized
terms shall have the same meaning ascribed to them in the Agreement.)
1. OPTION TO RETURN/TERMINAL RENTAL ADJUSTMENT. Provided that no default or Event of
Default has then occurred and is continuing, Lessee shall have the option to return, upon the expiration of
the maximum Lease Term under the Lease Schedule (“Expiration Date”), all but not less than all of the
Equipment subject thereto upon the following terms and conditions:
(a) If Lessee desires to exercise this option it shall, at least one hundred eighty (180) days
before the maximum Lease Term thereof, give Lessor written notice (a “Return Notice”) of its intention to
exercise this option to return. Prior to the Expiration Date, Lessee shall, as Lessor’s agent, obtain bids from
unrelated prospective purchasers for a cash sale (in United States dollars) of all, and not less than all, of
the items of Equipment leased under the Lease Schedule. Lessor may, but shall not be required to, also
solicit bids for sale.
(b) On the Expiration Date Lessee shall (i) cause all of such Equipment to be in the return
condition required by the Lease documents relating thereto, and comply with the other provisions thereof,
except as otherwise provided below, and (ii) pay to Lessor all of the Rental Payments and other payments
then payable to Lessor with respect thereto. Subject to Lessee’s compliance with the foregoing, and
Lessor’s receipt of such amounts and all other amounts as and when payable under this TRAC Rider in
good and indefeasible funds then payable with respect to the Lease Schedule, Lessor shall sell all of its
rights, title and interests in and with respect to such Equipment to the highest bidder on the Expiration Date.
(c) It is presently anticipated that the fair market value of the Equipment as of the Expiration
Date of the related Lease Schedule will be an amount equal to _______________ (____) percent of the
Lessor’s cost of such Equipment (the “Estimated Fair Market Value”). Subject to the other provisions of
this TRAC Rider, on the Expiration Date, (i) the Equipment will be sold pursuant to this Section 1 at the
actual fair market value; (ii) the Net Proceeds of such sale shall be remitted to Lessor; and (iii) a Terminal
Rental Adjustment shall be payable by either Lessee or Lessor, as the case may be, for the purposes set
forth in Section 1(f) and subject to the following: (A) if the Net Proceeds are less than the Estimated Fair
Market Value, Lessee shall pay Lessor an amount equal to the excess of the Estimated Fair Market Value
over the Net Proceeds (the “Deficiency Payment”); or (B) if the Net Proceeds exceed the Estimated Fair
Market Value, Lessor shall remit to Lessee the excess of the Net Proceeds over the Estimated Fair Market
Value.
(d) If Equipment has not been sold using commercially reasonable efforts by Lessor or Lessee
on behalf of Lessor by the Expiration Date, then the Net Proceeds of such Equipment shall be deemed to
be zero (0), and on such Expiration Date, (i) such Equipment shall, as directed by Lessor, either be delivered
to Lessor or be stored by Lessee, in either such case, pursuant to the return provisions in the applicable
Lease documents, and (ii) in addition to any other amounts to be paid under the Lease documents, Lessee
shall pay Lessor an amount equal to the Estimated Fair Market Value with respect thereto. If at any time
after the Expiration Date Lessee shall obtain a bid as set forth above for all, and not less than all, of such
Equipment, and Lessor shall sell such Equipment, Lessor shall remit to Lessee the Net Proceeds of such
sale.
(e) For the purposes hereof, with respect to the sale of the Equipment leased under a Lease
Schedule:
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[TRAC Rider]
2
“Net Proceeds” means, that certain amount equal to (i) the gross selling price thereof, as and to
the extent actually received by Lessor in good collected and indefeasible funds, less (ii) the Related
Charges.
“Related Charges” means, the aggregate of (A) any selling expenses, (B) amounts which (if not
paid) would constitute a Lien on the Equipment for which Lessee is responsible under the Lease
documents, and (C) applicable sales use, property, withholding or other transfer taxes or other fees, taxes,
withholdings, assessments and other governmental charges, however designated together with any
penalties, fines or interest, if any, thereon, (collectively, the “Impositions”).
(f) Any such deficiency or excess payment by either Lessee or Lessor pursuant to this Section
1 shall be deemed to be a “Terminal Rental Adjustment” with respect to the Equipment leased under the
related Lease Schedule. As required by Section 7701(h) of the Internal Revenue Code of 1986, as now or
hereafter amended, Lessee shall execute and deliver to Lessor the Certification by Lessee in substantially
the form attached hereto as Exhibit No. 1. Lessee acknowledges that the Truth in Mileage Act of 1986 (and
the regulations promulgated thereunder) requires the lessee of motor vehicles (at the time such motor
vehicles are terminated from the lease) to provide a written disclosure to the lessor regarding the mileage
of such motor vehicles. Under this law, the “failure to complete or providing false information may result in
fines and/or imprisonment”. Therefore, Lessee agrees to provide to Lessor (on a form provided by Lessor)
upon termination of a motor vehicle from each Lease the mileage disclosure information required by the
Federal regulations.
2. OPTION TO PURCHASE. Notwithstanding anything contained to the contrary herein, Lessee shall
have the option to purchase all, but not less than all, of the items of Equipment leased under the Lease
Schedule. If Lessee desires to exercise this option it shall, at least two hundred forty (240) days before the
Expiration Date of such Lease Schedule, give Lessor written notice of its intention to exercise this option to
purchase and shall engage in negotiations with Lessor to determine the purchase price for the Equipment.
Not less than one hundred eighty (180) days before the Expiration Date, Lessee shall give Lessor written
notice of its irrevocable election to purchase (a “Purchase Notice”) on the terms mutually agreed upon
during negotiations. However, in the event Lessee fails to timely provide Lessor with either a Purchase
Notice or a Return Notice, Lessee shall be deemed to have exercised this option to purchase, upon the
Expiration Date of the Lease Schedule, all but not less than all of the Equipment subject thereto upon the
following terms and conditions:
(a) On the Expiration Date, Lessee shall pay to Lessor in immediately available funds the
purchase price for the Equipment, determined as hereinafter provided, together with all Impositions and
charges relating to the sale, and all Rent and any other amounts accrued and unpaid under such Lease
Schedule and any related Lease documents.
(b) Lessee’s exercise of its purchase option pursuant to this Section 2 with respect to any
Lease Schedule shall constitute a sale of the Equipment leased thereunder with the same effect as if
returned and sold to a third party pursuant to Section 1 above, and Lessee shall be responsible for the
performance of its obligations pursuant to Section 1 above, including its obligation to pay to Lessor on the
Expiration Date any Terminal Rental Adjustment payment if the purchase price by Lessee to Lessor is less
than the Estimated Fair Market Value.
(c) The purchase price of the Equipment shall be an amount equal to its then Fair Market
Value. For purposes of this Section 2, “Fair Market Value” shall be deemed to be an amount equal to the
sale price obtainable in an arms’ length transaction between a willing and informed buyer (who is neither a
lessee in possession nor a used automotive dealer) and a willing and informed seller under no compulsion
to sell (and assuming that, as of the date of determination, the Equipment is in at least the return condition
required by the Lease Schedule and the other Lease documents). The costs of removing and transporting
the Equipment from its current location to a willing buyer shall not be deducted from the value of the
Equipment. If the parties are unable to agree on the Fair Market Value of the Equipment from the time
Lessee has given Lessor its Purchase Notice until at least sixty (60) days prior to the Expiration Date, then
Lessor and Lessee shall at Lessee’s expense obtain appraisal values from three (3) independent appraisers
2018-10-23 Agenda Packet Page 147
[TRAC Rider]
3
(one to be selected by Lessor, one by Lessee, and the other by the two selected by Lessor and Lessee;
each of whom must be associated with a professional organization of equipment or personal property
appraisers, such as the American Society of Appraisers) and the average Fair Market Value as determined
by such appraisers shall be final, binding and conclusive.
3. MISCELLANEOUS. Notwithstanding any election of Lessee to return or purchase the Equipment
under the Lease Schedule, as the case may be pursuant to this TRAC Rider, the provisions of the Lease
Schedule and all related Lease documents shall continue in full force and effect until all amounts required
with respect thereto are fully and indefeasibly paid, and all such other actions are taken, and the
contemplated purchase is effectively consummated. On such purchase date, Lessor shall deliver to the
purchaser of the Equipment (as applicable, either the third party purchaser thereof pursuant to Section 1,
or Lessee pursuant to Section 2), a bill of sale conveying to such purchaser, AS IS, WHERE IS, without
recourse or warranty, all of Lessor’s right, title and interest in and to such items of Equipment. Lessee shall
be solely responsible for, and shall pay or reimburse to Lessor all Related Charges incurred or paid by
Lessor in connection with any remarketing or sale of any items of Equipment pursuant to this TRAC Rider.
Lessee’s obligations under this TRAC Rider shall survive the expiration, cancellation or termination of the
Agreement or the Lease Schedule. The terms and provisions of this TRAC Rider shall be deemed
incorporated into and a part of, and pertinent to the Lease Schedule, and solely to the extent any of the
provisions of this TRAC Rider shall conflict with the Lease Schedule, or (to the extent incorporated therein)
the Agreement, the provisions of this TRAC Rider shall control.
[Signatures On Next Page]
2018-10-23 Agenda Packet Page 148
[TRAC Rider]
IN WITNESS WHEREOF, the parties hereto have caused this TRAC Rider to be duly executed as
of the date first set forth above.
LESSEE:
_____________________________________
By:
Name:
Title:
LESSOR:
LSC FINANCIAL
By:
Name:
Title:
2018-10-23 Agenda Packet Page 149
[TRAC Rider]
EXHIBIT NO. 1 TO TRAC RIDER
Page 1
EXHIBIT NO. 1
CERTIFIC ATION BY LESSEE
This Certification is provided by the undersigned (“Lessee”) in connection with that certain Lease
Schedule No. __ dated as of __________ _____, 201__ between LSC FINANCIAL (“Lessor”) and Lessee
(the “Lease Schedule”, and together with the Master Lease Purchase Agreement (the “Agreement”) dated
as of __________, _____, 201__, between Lessor and Lessee, the “Lease”).
The parties intend and agree that the Lease constitute a “qualified motor vehicle operating
agreement” within the meaning of Section 7701(h) of the Internal Revenue Code of 1986, as now or
hereafter amended, and this Certification is required to be provided pursuant to that Section.
Lessee hereby certifies, under penalty of perjury, that it intends that more than fifty (50) percent of
the use of the Equipment (as defined in the Lease Schedule) is to be in a trade or business of the Lessee.
Lessee acknowledges that it has been advised that it will not be treated as the owner of the
Equipment for Federal income tax purposes.
Lessee agrees to indemnify Lessor pursuant to the Lease for any claim, losses, costs, damages
and expenses (including, without limitation, attorneys’ fees and expenses) of whatsoever kind and nature
resulting from Lessee’s breach of the above representations and certifications.
IN WITNESS WHEREOF, Lessee has caused this Certification to be duly executed as of the _____
day of__________, 201__.
Lessee
By:
Name:
Title:
2018-10-23 Agenda Packet Page 150
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AUTHORIZING THE PURCHASE OF ELECTRIC VEHICLES
FROM NATIONAL AUTO FLEET GROUP IN ACCORDANCE WITH
SOURCEWELL CONTRACT NUMBER 120716-NAF THROUGH THE
CLIMATE MAYORS ELECTRIC VEHICLE PURCHASING PROGRAM
IN AN AMOUNT NOT-TO-EXCEED TWO MILLION DOLLARS
($2,000,000) THROUGH THE TERM OF THE CONTRACT (JANUARY
2021)
WHEREAS, section 2.56.140 of the Chula Vista Municipal Code authorizes the City of
Chula Vista to purchase equipment through a cooperative purchasing agreement with a joint
exercise of powers authority where said equipment is purchased through a competitive process
that the Purchasing Agent determines to be consistent with good purchasing practices; and
WHEREAS, the City of Chula Vista is a member of Sourcewell (formerly National Joint
Powers Alliance), a joint exercise of power authority, that leverages the national cooperative
purchasing power of more than 50,000 member agencies; and
WHEREAS, Sourcewell has awarded contract number 120716-NAF for Cars, Trucks,
Vans, SUVs & Other Vehicles in accordance with its Purchasing Rules and Regulations; and
WHEREAS, the City of Chula Vista has a number of vehicles that have reached the end
of their useful life and need to be replaced; and
WHEREAS, the Measure P Expenditure Plan provides for the replacement of failing
infrastructure; and
WHEREAS, of the vehicles identified for Measure P replacement there is a subset of
light-duty City vehicles that are eligible to be replaced by electric vehicles; and
WHEREAS, the State of California is offering a limited time rebate of $10,000 per
electric vehicle purchased through the Public Fleet Pilot Project; and
WHEREAS, Mayor Mary Casillas Salas, member of the Climate Mayors, announced
with 19 other founding cities the launch of the Climate Mayors EV Purchasing Collaborative,
that allows the City access to a competitively bid contract for the purchase of electric vehicles;
and
WHEREAS, staff recommends the use of the cooperative purchasing contract to expedite
the purchase of electric vehicles.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it authorizes the purchase of electric vehicles from National Auto Fleet Group in accordance
with Sourcewell contract number 120716-NAF through the Climate Mayors Electric Vehicle
2018-10-23 Agenda Packet Page 151
Purchasing Program in an amount not to exceed two million dollars ($2,000,000) through the
term of the contract (January 2021).
Presented by Approved as to form by
Iracsema Quilantan Glen R. Googins
Director of Public Works City Attorney
2018-10-23 Agenda Packet Page 152
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AUTHORIZING THE PURCHASE OF HEAVY-DUTY AND
SPECIALIZED VEHICLES FROM NATIONAL AUTO FLEET GROUP IN
ACCORDANCE WITH SOURCEWELL CONTRACT NUMBER 081716-
NAF IN AN AMOUNT NOT-TO-EXCEED FOUR MILLION FIVE
HUNDRED THOUSAND DOLLARS ($4,500,000) THROUGH THE TERM
OF THE CONTRACT (NOVEMBER 2020)
WHEREAS, section 2.56.140 of the Chula Vista Municipal Code authorizes the City of
Chula Vista to purchase equipment through a cooperative purchasing agreement with a joint
exercise of powers authority where said equipment is purchased through a competitive process
that the Purchasing Agent determines to be consistent with good purchasing practices; and
WHEREAS, the City of Chula Vista is a member of Sourcewell (formerly National Joint
Powers Alliance), a joint exercise of power authority, that leverages the national cooperative
purchasing power of more than 50,000 member agencies; and
WHEREAS, Sourcewell has awarded National Auto Fleet Group contract number
081716-NAF for Models of Class 6, 7 and 8 Chassis with related accessories and supplies, in
accordance with its Purchasing Rules and Regulations; and
WHEREAS, the Measure P Expenditure Plan provides for the replacement of failing
infrastructure, facilities and equipment; and
WHEREAS, of the vehicles and equipment identified for Measure P replacement there
are heavy duty and specialty City vehicles that have reached the end of their useful life and need
to be replaced; and
WHEREAS, staff recommends the use of the cooperative purchasing contract to expedite
the purchase of heavy-duty and specialized vehicles.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it authorizes the purchase of heavy-duty and specialized vehicles from National Auto Fleet
Group in accordance with Sourcewell contract number 081716-NAF in an amount not to exceed
four million five hundred thousand dollars ($4,500,000) through the term of the contract
(November 2020).
Presented by Approved as to form by
Iracsema Quilantan Glen R. Googins
Director of Public Works City Attorney
2018-10-23 Agenda Packet Page 153
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING A 2-YEAR LEASE PURCHASE AGREEMENT
WITH NATIONAL COOPERATIVE LEASING IN ACCORDANCE WITH
SOURCEWELL CONTRACT NUMBER 032615-NCL FOR THE
ACQUISITION OF THIRTY-FOUR (34) ELECTRIC VEHICLES AND
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE
THE FINAL PURCHASE AND LEASE AGREEMENT
WHEREAS, section 2.56.140 of the Chula Vista Municipal Code authorizes the City of
Chula Vista to purchase equipment through a cooperative purchasing agreement with a joint
exercise of powers authority where said equipment is purchased through a competitive process
that the Purchasing Agent determines to be consistent with good purchasing practices; and
WHEREAS, the City of Chula Vista is a member of Sourcewell (formerly National Joint
Powers Alliance), a joint exercise of power authority, that leverages the national cooperative
purchasing power of more than 50,000 member agencies; and
WHEREAS, Sourcewell has awarded National Cooperative Leasing contract number
032615-NCL for numerous lease options, in accordance with its Purchasing Rules and
Regulations; and
WHEREAS, staff recommends the use of the National Cooperative Leasing contract to
maximize the Federal and State tax rebates associated with the purchase of electric vehicles.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it approves a 2-Year Lease Purchase Agreement with National Cooperative Leasing in
Accordance with Sourcewell Contract Number 032615-NCL for the acquisition of thirty-four
(34) electric vehicles, in the form provided, with such 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 City Manager or designee to execute the final lease purchase agreement
and all other agreements and other documentation necessary to effectuate the same.
2018-10-23 Agenda Packet Page 154
Presented by Approved as to form by
Iracsema Quilantan Glen R. Googins
Director of Public Works City Attorney
2018-10-23 Agenda Packet Page 155
P a g e | 1
October 23, 2018 File ID: 18-0474
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $18,500 FROM THE
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL AND APPROPRIATING SAID FUNDS TO THE POLICE
GRANTS SECTION OF THE STATE GRANTS FUND (4/5 VOTE REQUIRED)
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
The Police Department has recently received notice of grant award in the amount of $18,500 from the
Department of Alcoholic Beverage Control (ABC). The grant funds will be used during an 11-month period
to conduct Minor Decoy, Shoulder Tap, and IMPACT operations and inspections.
ENVIRONMENTAL REVIEW
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/COMMITTEE RECOMMENDATION
Not applicable
DISCUSSION
The Police Department has been awarded $18,500 from the Department of Alcoholic Beverage Control
(ABC). This 11-month project will include operations for the Minor Decoy, Shoulder Tap, and IMPACT
programs. The goal of the Minor Decoy Program is to reduce the number of licensees who sell alcoholic
beverages to minors. The Shoulder Tap Program targets adults who furnish alcoholic beverages to minors.
IMPACT (Informed Merchants Preventing Alcohol-Related Crime Tendencies) inspections focus on licensee
education.
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),
2018-10-23 Agenda Packet Page 156
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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 ABC grant funds supports
the goal of Strong and Secure Neighborhoods by targeting and addressing problematic alcohol
establishments.
CURRENT-YEAR FISCAL IMPACT
Approval of this resolution will result in a one-time appropriation of $17,800 to the Personnel and $700
Supplies and Services category of the Police Grants Section of the State Grants Fund. The funding from the
Department of Alcoholic Beverage Control will completely offset these costs, resulting in no net fiscal
impact to the General Fund.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact for accepting these grant funds.
ATTACHMENTS
None
Staff Contact: Maritza Vargas, Police Department
2018-10-23 Agenda Packet Page 157
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING $18,500 FROM THE
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
AND APPROPRIATING SAID FUNDS TO THE POLICE
GRANTS SECTION OF THE STATE GRANTS FUND
WHEREAS, the Police Department has recently received notice of grant award in the
amount of $18,500 from the Department of Alcoholic Beverage Control (ABC); and
WHEREAS, the goal of this grant is to reduce the availability of alcohol to minors; and
WHEREAS, throughout an 11-month grant period, Minor Decoy and Shoulder Tap
operations, and Informed Merchants Preventing Alcohol-Related Crime Tendency (IMPACT)
inspections will be conducted on an overtime basis; and
WHEREAS, funds provided by this grant will also be utilized for ABC training; and
WHEREAS, the grant funds provided by the ABC 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 $18,500 from the Department of Alcoholic Beverage Control and
appropriates $17,800 to Personnel and $700 to Supplies and Services categories of the Police
Grants Section of the State Grants Fund.
Presented by Approved as to form by
Roxana Kennedy Glen R. Googins
Police Chief City Attorney
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October 23, 2018 File ID:18-0497
TITLE
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 2.63 -
“MEASURE A” CITIZENS’ OVERSIGHT COMMITTEE TO ADD ONE DESIGNATED MEMBER FROM THE CHULA
VISTA MIDDLE MANAGEMENT/PROFESSIONAL (MM/PROF) EMPLOYEE GROUP (FIRST READING)
RECOMMENDED ACTION
Council place the ordinance on first reading.
SUMMARY
On June 5, 2018, the City’s electorate approved the passage of Measure A, which implemented a one-half
cent general transactions and use tax. Measure A also required the ordinance creating a citizens’ oversight
committee be adopted by the City Council no later than 150 days following the date of the election at which
Measure A was approved by the voters. The Measure A Citizen Oversight Committee Ordinance was
adopted by the City Council on August 14, 2018. The item presented herein would amend the Measure A
Citizens Oversight Committee Ordinance 3438, Municipal Code Chapter 2.63 by adding one designated
member from the Chula Vista Middle Managers/Professional bargaining group.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity 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 activity is
not subject to CEQA. Thus, no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
On June 5, 2018, the City of Chula Vista submitted to the voters a measure to approve an ordinance
enacting a one-half cent general transactions and use tax, including provisions for citizens’ oversight,
separate accounting, and independent audits (“Measure A”). The voters approved the passage of Measure
A, which resulted in the adoption of Ordinance No. 3415 (“Ordinance 3415”). Ordinance 3415 enacted the
general transaction and use tax, required the implementation of the oversight, accounting and audit
2018-10-23 Agenda Packet Page 159
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provisions. Ordinance 3415 specifically required the establishment of a Citizens’ Oversight Committee
(“COC”), by ordinance, no later than 150 days from the date of the election at which Measure A was
approved by the voters.
Ordinance 3415 provided that the COC would function to review and report on City compliance with the
terms of Ordinance 3415 as follows: (i) public review and report on each year’s City Council Intended
Public Safety Expenditure Plan, Measure A Spending Plan, and Auditors Report; and (ii) preparation of an
annual report regarding same for presentation to the City Council at a public meeting. It also set forth the
following regarding the COC (i) the members would be appointed by the City Council in accordance with
existing City policies and (ii) the meetings would be conducted in accordance with the Ralph M. Brown Act.
The adopted ordinance stated that designated members would be nominated (one each) by the following
Nominating Authorities: (i) the Chula Vista Chamber of Commerce; (ii) the Chula Vista Police Officers
Association (POA); (iii) the Chula Vista International Association of Fire Fighters (IAFF); (iv) the Growth
Management Oversight Commission (from this commission); (v) Association of Chula Vista Employees
(ACE), (vi) Chula Vista Fire Chief, and (vii) Chula Vista Police Chief.
The proposed change to Ordinance 3438, Municipal Code Chapter 2.63 would add one more designated
member from the Chula Vista Middle Management/Professional Employees. The total number of
designated members would be eight. There are no proposed changes to the four at-large members which
apply directly to the City Council as stated in the ordinance. Please refer to the amended Ordinance,
attached, for further details.
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 Councilmember, of any other fact
that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy
Community, Strong and Secure Neighborhoods and a Connected Community. This ordinance would serve
these goals, in that, the ordinance is necessary to meet the requirements of the Measure passed by the
voting community and forming the COC will assist in assuring that the tax revenues from Measure A will be
expended in accordance with the Measure, thereby assisting the City in obtaining operational excellence
and strong and secure neighborhoods with respect to the accounting and expenditure of the funds.
CURRENT-YEAR FISCAL IMPACT
There will be no current year general fund impacts as a result of this item. All staff time to prepare for this
item was included within the fiscal year 2018-19 adopted budget.
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ONGOING FISCAL IMPACT
No anticipated future fiscal impact as a result of this action. All Measure A fiscal impacts will be taken as
separate items to the City Council.
ATTACHMENTS
1. Chula Vista Municipal Code Section 2.63 - Ordinance 3438 (Amended)
Staff Contact: Maria Kachadoorian, Assistant City Manager
2018-10-23 Agenda Packet Page 161
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE CHAPTER 2.63 –
“MEASURE A” CITIZENS’ OVERSIGHT COMMITTEE TO
ADD ONE DESIGNATED MEMBER FROM THE CHULA
VISTA MIDDLE MANAGEMENT/PROFESSIONAL
(MM/PROF) EMPLOYEE GROUP
WHEREAS, on June 5, 2018, the City of Chula Vista submitted to the voters a measure
to approve an ordinance enacting a one-half cent general transactions and use tax, including
provisions for citizens’ oversight, separate accounting, and independent audits (“Measure A”);
and
WHEREAS, the voters approved the passage of Measure A, thereby adopting Ordinance
No. 3415 (“Ordinance 3415”), enacting the general transactions and use tax and requiring the
implementation of the oversight, accounting and audit provisions; and
WHEREAS, on August 14, 2018 the City Council approved the addition of Chula Vista
Municipal Code Chapter 2.63 – “Measure A” Citizens Oversight Committee
WHEREAS, during the September 11, 2018 City Council meeting, the City Council, by
consensus, directed staff to return with an amended to the Municipal Code Chapter 2.63 to
consider adding one designated member from the Chula Vista Middle Management/Professional
Employee Group.
WHEREAS, in accordance with Council direction, , City staff has prepared an
amendment to Chapter 2.63 to the Chula Vista Municipal Code, adding one designated member
from the Chula Vista Middle Managers/Professional Group to the Measure A Citizens’
Oversight Committee.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
Section I. That Chapter 2.63 of the Chula Vista Municipal Code is hereby amended
to read as follows:
Chapter 2.63
“MEASURE A” CITIZENS’ OVERSIGHT COMMITTEE
Sections:
2.63.010 Creation.
2.63.020 Function.
2.63.030 Specific Duties.
2.63.040 Limits on Authority
2.63.050 Composition; Qualifications; Nomination.
2.63.060 City Council Appointment.
2018-10-23 Agenda Packet Page 162
Ordinance No. 3438
Page No. 2
2.63.070 Terms; Vacancies.
2.63.080 Meeting Schedule.
2.63.090 Operating Rules and Procedures
2.63.100 Staff Support.
2.63.110 Dissolution date.
2.63.010 Creation.
There is hereby created the “Measure A Citizens’ Oversight Committee” (the “COC”). The COC
is created for the purpose of providing citizens’ oversight in connection with expenditures of tax
revenues generated by Measure A. Measure A is a one-half cent general transactions and use tax
approved by the voters on June 5, 2018. Measure A is codified as CVMC Chapter 3.34. To the
extent of any inconsistency between this ordinance and Measure A, the terms of Measure A shall
govern.
2.63.020 Function.
The function of the COC is to review and report on City compliance with the provisions of
Measure A, particularly with respect to the City’s accounting and expenditure of Measure A
revenues.
2.63.030 Specific Duties.
The specific duties of the COC are as follows:
A. Review and comment on each year’s: (1) “Finance Department Report” (as defined in
CVMC Section 3.34.160.A); (2) “Measure A Spending Plan” (as defined in CVMC Section
3.34.160.B); and (3) Auditor Report (as described in CVMC Section 3.34.160.C).
B. Make determinations as necessary and appropriate regarding City compliance with
Measure A requirements.
C. Work with City staff to identify and apply “best practices” for tracking and reporting on
Measure A revenues and expenditures relative to other Public Safety department revenues and
expenditures.
D. Prepare an annual report regarding subsection A, B and C above, for presentation to the
City Council at a public meeting.
2.63.040 Limits on Authority.
Per Charter Section 600, the COC shall have no authority to direct the conduct of any
department. The COC is advisory in nature, and as such shall have no authority to approve,
disapprove or prevent any City action.
2.63.050 Composition; Qualifications; Nomination.
2018-10-23 Agenda Packet Page 163
Ordinance No. 3438
Page No. 3
A. Members. The COC shall be comprised of twelve eleven (121) members, each with equal
rights and standing to act and vote on COC matters.
B. Qualifications Applicable to All Members. Per Charter Section 602(d), all COC
members must be “qualified electors” of the City. A “qualified elector” of the City is a City
resident that is qualified and registered to vote as a City resident. COC members must be
“qualified electors” at the time they apply and must maintain such status throughout their tenure.
C. Designated Members. Seven Eight of the total twelve eleven (121) COC members shall
be nominated, apply and serve as “designated members.” “Designated members” shall be
nominated, one each, by the following nominating authorities (each a “Nominating Authority,
collectively the “Nominating Authorities”), subject to the additional membership qualifications,
if any, specified for each:
(1) Chula Vista Chamber of Commerce; nominee(s) must be a member of the
Chamber;
(2) Chula Vista Police Officers Association (POA); nominee(s) must be an active
member of this association;
(3) Chula Vista International Association of Fire Fighters (IAFF); nominee(s) must be
an active member of this association;
(4) Chula Vista Growth Management Oversight Commission; nominee(s) must be from
this commission;
(5) Association of Chula Vista Employee (ACE); nominee(s) must be an active
member of this association.
(6) Chula Vista Fire Chief
(7) Chula Vista Police Chief
(8) Chula Vista Middle Managers/Professional Employoee Group (MM/PROF)
Designated members shall be selected for nomination by the Nominating Authorities in
accordance with policies and procedures that each Nominating Authority establishes for itself.
Up to three nominees may be presented for City Council consideration in accordance with the
appointment process set forth in Section 2.63.060.A, below. If any of the listed Nominating
Authorities decline to exercise their nominating authority in a timely fashion, or if any ceases to
function or exist, that party’s nominating authority shall pass to a substantially similar
organization selected by the City Council.
D. At-Large Members. Four of the total twelve eleven (121) COC members shall apply and
serve as representatives of the City “at-large.” “At-large members” shall be comprised of one
resident from each of the four City Council districts. Each must maintain his/her district
residency throughout his/her tenure. At-large members shall apply to and be appointed by the
City Council in accordance with the process set forth in Section 2.63.060.B, below. If re-
2018-10-23 Agenda Packet Page 164
Ordinance No. 3438
Page No. 4
districting occurs such that one or more at- large member no longer qualifies for his/her assigned
district, he/she shall nonetheless be entitled to serve out the remainder of his/her term, with a
qualified replacement to be appointed and seated for the succeeding term.
2.63.060 City Council Appointment.
A. Designated Members. Designated members shall be appointed by the City Council as
follows: Nominating Authorities shall submit the names and contact information for their
nominee(s) (“Designated Nominees”) to the City Clerk on a form prescribed by the City Clerk.
The City Clerk shall provide the Designated Nominees with instructions to complete and submit
applications to the City Clerk within a specified time period. Completed applications timely
received by the City Clerk shall be forwarded to the City Council. The City Council shall
consider all applications received from the City Clerk and provide each nominated applicant an
opportunity for an interview at a publicly noticed meeting. If a Nominating Authority presents
the City Council with two or three nominees for consideration, and those nominees properly
apply, the City Council shall make its appointment by choosing among the two or three
nominees presented. If a Nominating Authority presents the City Council with only one
nominee, the City Council may reject such nomination by majority vote and request an
alternative submittal. Once rejected, a nominee may not be re-submitted for the term at issue,
but may be submitted for consideration for future terms.
B. At-large Members. At-large members shall be appointed in accordance with the
procedures set forth in CVMC Section 2.53.
C. Administration. The City Clerk shall administer the appointment process set forth above,
including the development and publication of all necessary forms. The City Clerk shall have the
authority to develop additional administrative policies and procedures to the extent necessary to
implement the terms of this Chapter.
2.63.070 Terms.
A. In General. Initial terms of office shall be determined in accordance with City Charter
Section 602(b). The initial COC members shall be appointed and convene in accordance with
CVMC 3.34.160.D, in time to consider and provide input on the Intended Public Safety
Expenditure Plan.
B. Special Rules for Designated Members. Special rules shall apply to COC members that
are nominated and qualified through their membership on the board of their Nominating
Authority. For such members (hereafter, “Board Qualified COC Members”), if the underlying
term on the board for their Nominating Authority expires, they may, nonetheless, continue to
serve on the COC until the end of their COC term, provided that they receive the approval of
their Nominating Authority board to do so. Otherwise, Board Qualified COC Member terms
shall be co-terminus with their terms on their underlying Nominating Authority boards. The
Nominating Authority shall notify the City Clerk in writing prior to the end of the Board
Qualified COC Member’s term if the Nominating Authority does not authorize their seated
member to continue and desires to submit a new nominee or nominees for consideration.
2018-10-23 Agenda Packet Page 165
Ordinance No. 3438
Page No. 5
2.63.080 Meeting Frequency.
In accordance with CVMC Section 2.25.200, the COC shall set the date, time and location of its
regular meetings by written resolution and may change its regular meeting day, time or location
by written resolution. The COC shall meet as often as necessary to accomplish the objectives of
Chapter 3.34 and this Chapter. It is estimated that the COC will need to meet a minimum of four
times per year to fulfill its assigned duties.
2.63.090 Operating Rules and Procedures.
Except as expressly provided herein, or as otherwise necessary to implement this Chapter or the
requirements of Measure A, the rules governing City boards and commissions generally, as set
forth in CVMC Chapter 2.25, shall govern the COC. The COC shall also operate in accordance
with the Ralph M. Brown Act; this includes requirements that meetings be noticed in advance
and be held in public. The COC may also adopt additional rules and procedures in the form of
bylaws as provided in CVMC Section 2.25.170. Any such bylaws must be consistent with terms
of this Chapter and all other applicable laws.
2.63.100 Staff Support.
The City Manager, and/or his/her designee(s), shall serve as the City staff liaison to the COC and
shall provide it with administrative support, including designation of a COC staff secretary. The
City Attorney, and/or his/her designee(s), shall provide the COC with legal counsel and support.
2.63.110 Dissolution Date.
The COC may be disbanded following the implementation of “Phase I” Critical Needs, as
reported in the Intended Public Safety Expenditure Plan and (ii) if the City Council elects to
disband the COC, the City’s Growth Management Oversight Commission, or an alternative
citizens’ group or committee designated by the City Council, shall be responsible for reporting to
the City Council, in a manner determined by the City Council, regarding the collections and
expenditure of Measure A Revenues and the resulting impacts on public safety.
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
2018-10-23 Agenda Packet Page 166
Ordinance No. 3438
Page No. 6
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
contradict, the City Charter, and applicable state and federal law. This Ordinance shall be
construed in light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
[SIGNATURES ON FOLLOWING PAGE]
Presented by Approved as to form by
Gary Halbert Glen R. Googins
City Manager City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 23rd day of October 2018, by the following vote:
2018-10-23 Agenda Packet Page 167
Ordinance No. 3438
Page No. 7
AYES: Councilmembers:
NAYS: Councilmembers:
ABSENT: Councilmembers:
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
Dated Kerry K. Bigelow, MMC, City Clerk
2018-10-23 Agenda Packet Page 168
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October 23, 2018 File ID: 18-0269
TITLE
REPORT TO THE CITY COUNCIL OF THE CITY OF CHULA VISTA UPDATING THE CITY OPERATIONS
SUSTAINABILITY PLAN IMPLEMENTATION EFFORTS.
RECOMMENDED ACTION
Council hear the report.
SUMMARY
In 2014, Chula Vista City Council approved the City Operations Sustainability Plan (Plan) and, since then, a
multi-departmental “Green Team” has been working to implement it. The Plan sets numeric goals and
identifies implementation strategies in seven focus areas helping to lower city operation costs, creating a
healthier workplace, and contributing to cleaner air, water and land in the community. This report is a
status update of the implementation.
ENVIRONMENTAL REVIEW
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. In addition, notwithstanding the foregoing, the Director of Development Services has
also determined that the “Project” qualifies for an Exemption pursuant to Section 15061(b)(3) of the
California Environmental Quality Act State Guidelines. Thus, no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
Sustainability is increasingly becoming a focal point for corporations and organizations wishing to create
long-term customer and employee value by taking into consideration how their enterprise operates in
terms of social, economic, and environmental performance. Over 6,200 companies worldwide have created
a sustainability strategy and conduct annual reports to assess their progress in pursuing this “Triple
Bottom Line” approach - people, planet and prosperity. These sustainability-minded businesses have
benefitted from fostering innovation in their company culture, reducing long-term utility and fuel costs,
2018-10-23 Agenda Packet Page 169
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and creating a healthier workplace. For municipal operations, sustainability can be defined as the City’s
ability to provide high quality infrastructure, services, and programs in a manner, which balances the needs
of current and future generations.
Since 2014, a multi-departmental “Green Team” has been implementing strategies, “leading by example”, in
integrating innovative sustainable practices throughout its operations.
The City Operations Sustainability Plan sets numeric goals for 2020 in 7 focus areas - Energy Use, Water
Use, Green Purchasing, Recycling & Waste Reduction, Pollution Prevention, Transportation, and Green
Buildings & Infrastructure. The Plan identifies implementation strategies and potential funding sources in
each area to help reach the targets. In many cases, these strategies also assist Chula Vista in meeting
current and pending State mandates. Finally, the Plan outlines opportunities to actively engage City
employees and leaders, which will be critical to its successful implementation.
The level of implementation in some cases may be dependent upon the City’s ability to secure funding
sources. Nonetheless, the City Operations Sustainability Plan serves as a powerful policy framework to
guide the City of Chula Vista’s sustainability efforts, represents a compilation of new and existing
sustainability strategies (which are currently scattered throughout the municipal code and program
documents), and reinforces the City’s Continuous Improvement philosophy of tirelessly pursuing the “least
waste way.”
Our Big Goals 2018 Status Update
Reduce energy by 20% by 2020 Done - reduced
35.5%
Reduce potable water use by 10% by 2020 Done - reduced
25.6%
80% of all office/custodial purchases “green” by
2020
70% of purchases
75% recycling rate by 2020 67% (on track)
Prevent all non-storm water discharges from
city facilities by June 15 annually
Completed annually
Comply with Best Management Practices
(BMP) requirements and pass inspections with
a score of 80% annually by 2020
Achieved to date
40% of city fleet transitioned to hybrid or
alternate fuels by 2020
28% (on track for 2020
goal)
Increase% of employee using sustainable
commute options to 30% by 2020 10%
At least 2 buildings operating at enhanced
green standards by 2020
LEED – EBOM
certification process for
3 buildings at City Hall
complete Q1 2019 (on
track)
All new buildings over 10,000 sf will be 3 new fire stations in
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designed and constructed to meet enhanced
green building standards by 2020
planning process
(currently on track)
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 City Operations
Sustainability Plan directly contributes to the Healthy Community goal as it seeks to implement strategies
and programs that protect natural resources and promote sustainability.
CURRENT-YEAR FISCAL IMPACT
Because the City Operations Sustainability Plan is a policy framework and will be implemented based on
available funding, its adoption did not have a direct fiscal impact. It is anticipated that when individual
implementation strategies or related projects are further developed and presented to City Council for
consideration, any specific positive or negative fiscal impacts will be identified.
ONGOING FISCAL IMPACT
As mentioned above, the policy-level City Operations Sustainability Plan does not have an ongoing fiscal
impact. Impacts from any specific implementation strategies will be evaluated as they are further
developed and considered.
ATTACHMENTS
1. City Operations Sustainability Plan
Staff Contact: Coleen Wisniewski, Environmental Sustainability Manager, Office of Sustainability
2018-10-23 Agenda Packet Page 171
CITY OPERATIONS GREEN TEAM
Khosro Aminpour
Public Works - Engineering
Bob Beamon
Public Works - Sustainability
Suzi Brooks
Finance
Steve Dorsey
Public Works - Operations
Teri Enos-Guerrero
Human Resources
Lynn France
Public Works - Sustainability
Mandy Mills
City Manager’s Office
Brendan Reed
Public Works - Sustainability
Mark Roberts
Public Works - Operations
City Operations
Sustainability Plan
2014-2020
2018-10-23 Agenda Packet Page 172
1 Chula Vista – City Operations Sustainability Plan
City of Chula Vista strives to
“lead by example” in
integrating innovative
sustainable practices
throughout its operations
and facilities
Employee Engagement
While the Plan was developed through an inter-departmental “Green Team,” the ongoing
support and participation of all City employees will be critical to its success. City leaders
and employees will be frequently engaged through:
− CLEAN Employee Award (Annual) - Green Teams (Ongoing)
− Employee Lunch & Learns (Quarterly) - New Hire Orientation (Ongoing)
− Employee Surveys (Annual) - Plan Progress Reports (Annual)
INTRODUCTION
Chula Vista has a proud history of being a municipal leader in sustainability. The City Council
has long recognized that the City’s environmental efforts also create numerous community co-
benefits such as utility cost savings, less congested
streets, healthier and more connected neighborhoods,
local economic development, and an overall higher
quality of life. As such, the City of Chula Vista has been
recognized by the Environmental Protection Agency,
California Sustainability Alliance, California Department
of Resource Recycling and Recovery, Industrial
Environmental Association, Sierra Club, and others.
Chula Vista has created its first City Operations Sustainability Plan. The Plan’s vision is that,
through a continuous improvement framework, the City will strive to “lead by example” in
integrating innovative sustainable practices throughout its operations and facilities, thereby
helping to ensure clean air, water, and land in the community. The Plan formally outlines the
goals and strategies that the City hopes to accomplish by 2020 in seven key sustainability
areas:
Energy Use
Water Use
Green Purchasing
Recycling & Waste Management
Pollution Prevention
Transportation
Green Buildings & Infrastructure
As part of the City Operations Sustainability Plan, various potential funding sources have been
highlighted that could support its implementation. The level of implementation will be
dependent upon the City’s ability to secure these funding opportunities. Nonetheless, the City
Operations Sustainability Plan provides a powerful policy framework for the City of Chula Vista
to pursue external funding and to leverage existing municipal programs to effectively integrate
sustainability throughout its operations and facilities.
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2 Chula Vista – City Operations Sustainability Plan
1. ENERGY USE
The City of Chula Vista spends approximately $3 million
annually on electricity and natural gas use at municipal
facilities. Energy management efforts help to reduce
these long-term utility costs and associated greenhouse
gas emissions, while typically improving building
performance and occupants’ health and comfort.
Goal:
Reduce municipal energy use by 20% by 2020 through
energy efficiency and renewable energy initiatives.
Baseline Year: 2010
Partnerships: DOE Better Buildings Challenge
EPA Green Power Partnership
SDG&E Local Government Partnership
Strategies:
1. Implement all cost-effective energy efficiency
upgrades, such as the Multi-Site Lighting Upgrade
project.
2. Retro-commission all municipal buildings that are
greater than 20,000 square feet and more than
10 years old to improve energy performance.
3. Establish a Municipal Utility Reinvestment Fund
(using previous utility cost savings) to create a
revolving mechanism for funding energy
improvements.
4. Purchase 100% renewable energy for the City’s
facilities under Direct Access contracts.
5. Transition to “Zero Net Energy” design for all new
municipal facilities.
Performance Metrics:
- Annual kWh and Therm usage
- Energy use intensity (MMBTU/square foot)
- % onsite renewable energy
EXISTING POLICIES & DOCUMENTS
Municipal Building Energy
Efficiency Policy (2005)
Energy Efficiency
-New buildings should maximize
passive cooling and heating.
-New and renovated buildings
(>4,500 sf) should be at least
20% more efficient than State
code.
-Existing buildings should be
retrofitted with more efficient
technologies (as available).
-Only purchase EPA ENERGY
STAR qualified appliances and
products.
Renewable Energy
-New and renovated buildings
should incorporate onsite
renewable energy.
-Overall goal is to meet at least
20% of energy demand with
onsite renewable energy.
-Up to 100% of purchased
electricity should be renewable
(if costs are equal or less than
conventional electricity).
FUNDING OPPORTUNITIES
-Local Government Partnership
with SDG&E and CA Public
Utilities Commission
-CA Energy Commission loans
-CSCDA Sustainable Energy Bond
program
-Municipal Utility Reinvestment
Fund (proposed)
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3 Chula Vista – City Operations Sustainability Plan
2. WATER USE
Water is an increasingly limited and expensive resource
costing municipal operations over $3.8 million annually.
In addition, the transport and treatment of water
requires significant energy use.
Goal:
Reduce overall municipal potable water use by 10% by
2020 through water conservation, efficiency, and reuse.
Baseline Year: 2009
Partnerships: Sweetwater Authority
Otay Water District
Strategies:
1. Implement all cost-effective water efficiency
upgrades, such as the Aquatic Center Shower
Upgrade.
2. Install a new web-based irrigation monitoring and
control system at all Parks and Open Space sites.
3. Purchase only EPA WaterSense-labeled plumbing
fixtures, appliances, and products.
4. Establish a Municipal Utility Reinvestment Fund
(using previous utility cost savings) to create a
revolving mechanism for funding water
improvements.
5. Transition to landscape designs that achieve at
least 20% less water use for all new municipal
facilities, except active recreation areas (compared
to water allowances in 2010 Landscape Water
Conservation Ordinance).
Performance Metrics:
- Annual potable water use
- Annual recycled water use
EXISTING POLICIES & DOCUMENTS
Landscape Water Conservation
Ordinance (2010)
-Promote the values and
benefits of landscapes, while
recognizing the need to utilize
water as efficiently as possible.
-Establish a structure for
planning, designing, installing,
maintaining, and managing
water efficient landscapes in
new and rehabilitated
landscapes.
-Promote the use of recycled
water, gray water, and
captured rainwater for
irrigation landscaping, when it
is available.
-Use of water efficiently, and
without waste, by setting a
Maximum Applied Water
Allowance as an upper limit for
water use at the lowest
practical amount.
FUNDING OPPORTUNITIES
-Water districts’ rebates and
incentives
-CSCDA Sustainable Energy Bond
program
-Municipal Utility Reinvestment
Fund (proposed)
2018-10-23 Agenda Packet Page 175
4 Chula Vista – City Operations Sustainability Plan
3. GREEN PURCHASING
Green Purchasing is defined as using purchasing power in
the most cost-effective, fair, and environmentally benign
way. Annually, the City of Chula Vista spends over
$200,000 just on office products and supplies.
Environmentally-friendly products can also help reduce
long-term utility costs and create a healthier workplace.
Goal:
At least 80% of all office and custodial supplies annually
are categorized as “green” by 2020.
Baseline Year: 2013
Partnerships: Responsible Purchasing Network
EPA West Coast Materials Mgmt. Forum
Washington & Oregon states
Strategies:
1. Integrate green product specifications in the
upcoming bid solicitation for custodial cleaning
products.
2. Develop a Top 10 list of environmentally-preferred
products for frequently ordered supplies.
3. Transition to 100% recycled copier paper and 30%
post-consumer content for all paper products.
4. Include a “sustainability” questionnaire into the
City’s standard Request for Proposals (RFP)
template.
Performance Metrics:
- % “green” products purchased
- Average % recycled content of copier paper and
paper products
EXISTING POLICIES & DOCUMENTS
Environmentally Preferable
Products Purchase Policy (2008)
-Leasing of selective products
rather than purchasing them
-Requesting less toxic
alternatives.
-Requiring manufacturers to
“take back” their products at
the end of the useful life (either
directly or through producer-
funded collection programs).
-Consider “Total Cost of
Ownership” (includes all
purchase, operating, and
disposal costs) when selecting
products or services.
-If fitness and quality are equal,
environmentally preferable
products will be purchased
when available at the same or
lessor total cost.
Municipal Building Energy
Efficiency Policy (2005)
-Only purchase EPA ENERGY
STAR qualified appliances and
products.
100% Clean Fleet Policy (2008 -
Climate Action Plan)
-All replacement vehicles
purchased for the fleet should
be hybrid or alternative fuel.
FUNDING OPPORTUNITIES
-Departmental supplies and
services budgets
2018-10-23 Agenda Packet Page 176
5 Chula Vista – City Operations Sustainability Plan
4. RECYCLING & WASTE MANAGEMENT
There will always be discards in society, that is a given.
But whether or not those discards become waste or a
material resource for something else is a matter of choice.
Through landmark initiatives like the Integrated Waste
Management Act, Beverage Container Recycling and Litter
Reduction Act, and AB 341 Mandatory Commercial
Recycling, California works toward a society that uses less,
recycles more, and takes resource conservation to higher
levels.
The implementation of those strategies will drive changes
in Chula Vista’s recycling programs in order to achieve
75% recycling statewide.
Goal:
At least 75% of waste from municipal operations is
recycled annually by 2020.
Baseline Year: 2014
Partnerships: Republic Services
Strategies:
1. Establish a baseline of waste generation for City
operations – waste and recyclables volumes.
2. Perform a waste audit of the City waste stream to
identify the materials types.
3. Identify materials that are to be reduced and
recycled and that are difficult to manage.
4. Establish appropriate actions for each type of
material.
Performance Metrics:
- Annual waste and recyclables volumes
FUNDING OPPORTUNITIES
-AB 939 fee
-Free service provided by
Republic Services to City
facilities
-CA Department of Resource
Recycling and Recovery grants
EXISTING POLICIES & DOCUMENTS
CVMC 8.25 Recycling
−Provides standards for
municipal integrated solid
waste management including
source reduction, recycling, and
composting of solid wastes.
AB 939 CA Integrated Waste
Management Act (1989)
−Jurisdictions required to divert
50% of all solid waste from
landfill disposal by 2005,
through source reduction,
recycling, and composting
activities.
City of Chula Vista Integrated
Waste Management Plan (1993)
−Municipal plan outlining the
programs and policies needed
to locally reach the AB939
diversion goal.
AB 341 Solid Waste Recycling
(2011)
−Establishes a statewide
recycling goal of 75% by 2020.
2018-10-23 Agenda Packet Page 177
6 Chula Vista – City Operations Sustainability Plan
5. POLLUTION PREVENTION
Pollution negatively impacts all aspects of Chula Vista’s
environment and quality of life, but this impact is far
more pronounced on water quality due to the local
scarcity of water resources. Local agencies that are
responsible for implementing Clean Water Act
regulations should set examples for their citizens.
Goal 1:
Prevent all non-storm water discharges from municipal
facilities (including landscape over-irrigation) to storm
drains by June 2015.
Goal 2:
Comply with storm water “Best Management Practices”
(BMPs) requirements on all municipal facilities and pass
annual inspections with a minimum score of 80% by
2020.
Baseline Year: 2014
Partnerships: Public Works Operations
Strategies:
1. Conduct annual assessments and improve existing
strategies or establish new strategies, as needed.
2. Facilitate citizen and staff pollution reporting.
3. Phase out chemical pesticide and fertilizer use.
4. Create a rainwater harvesting demonstration.
5. Transition to high-efficiency irrigation nozzles at
municipal sites to avoid runoff.
6. Expand biannual pollution prevention trainings to
include staff from every department.
Performance Metrics:
- # of observed or reported non-storm water
discharges
- # of non-compliant annual inspections
FUNDING OPPORTUNITIES
-Proposition 84 grants
EXISTING POLICIES & DOCUMENTS
Non-Storm Water Discharges
CVMC 14.20.100.A
−It is unlawful for any person to
discharge non-storm water into
the storm water conveyance
system, except as provided in
CVMC 14.20.110.
NPDES Municipal Permit (2013)
−Non-storm water discharges
are to be effectively prohibited,
through the implementation of
Provision E.2, unless such
discharges are authorized by a
separate NPDES permit.
Storm Water Discharges
CVMC 14.20.120.A
−It is unlawful for any person not
to comply with BMPs and
pollution control requirements
established by the City or other
responsible agency to eliminate
or reduce pollutants entering
the City’s storm water
conveyance system.
NPDES Municipal Permit (2013)
−Discharges from storm drains in
a manner causing, or
threatening to cause, a
condition of pollution,
contamination, or nuisance in
receiving waters of the state
are prohibited.
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7 Chula Vista – City Operations Sustainability Plan
6. TRANSPORTATION
Alternative transportation helps improve local air quality,
reduce traffic congestion, and is typically a more cost-
effective way to commute. In addition, these
transportation options help reduce employee stress and
improve their well-being.
Goal 1:
Transition 40% of fleet to hybrid or other alternative fuel
technology by 2020.
Goal 2:
Increase the percentage of employees who are regularly
using sustainable commute options to 30% by 2020.
Baseline Year: 2013
Partnerships: iCommute San Diego
San Diego Regional Clean Cities
San Diego County Bicycle Coalition
Strategies:
1. Install electric vehicle chargers for fleet use.
2. Designate preferred parking spaces for carpool/
alternative fuel vehicles at all major municipal
facilities.
3. Install outdoor bike lockers for employee use.
4. Initiate a pre-tax transit reimbursement program.
5. Expand the use of alternative work schedules and
teleworking through supervisor and employee
outreach.
Performance Metrics:
- % of alternative fuel/hybrid vehicles in fleet
- % of employees alternatively commuting (per
pay period)
EXISTING POLICIES & DOCUMENTS
100% Clean Fleet Policy (2008 -
Climate Action Plan)
-All replacement vehicles
purchased for the municipal
fleet should be hybrid or
alternative fuel.
-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.
City-Contracted Clean Fleet Policy
(2008 - Climate Action Plan)
-Work with fleets under City
authority to influence their
expanded use of hybrid and/or
alternative fuels.
FUNDING OPPORTUNITIES
-CA Energy Commission grants
-CA Clean Vehicle Rebate
Program
-CalTrans Bike Locker Program
2018-10-23 Agenda Packet Page 179
8 Chula Vista – City Operations Sustainability Plan
7. GREEN BUILDINGS & INFRASTRUCTURE
Green buildings and infrastructure are environmentally-
responsible and resource-efficient throughout their life-
cycle: from siting to design, construction, operation,
maintenance, renovation, and demolition. Other
components of this Plan will also greatly contribute to
meeting green building and infrastructure standards.
Goal 1:
All new buildings over 10,000 sf 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 by
2020.
Goal 2:
Integrate sustainable design concepts and products into all
infrastructure projects by 2020 using the American Public
Works Association’s Envision – Self Assessment Tool.
Baseline Year: 2013
Partnerships: US Green Building Council – San Diego
American Public Works Assoc. – San Diego
Strategies:
1. Train at least 2 staff members in every department
in green buildings and sustainable operation
practices.
2. Train at least 10 engineering and planning staff
members in green infrastructure and the Envision
framework.
3. Develop an inter-departmental Green Building
Team to coordinate and guide green building
efforts.
Performance Metrics:
- # of buildings meeting standards
- # of projects using Envision framework
- # of trained employees
EXISTING POLICIES & DOCUMENTS
Municipal Building Energy
Efficiency Policy (2005)
-See Energy Use section.
Environmentally Preferable
Products Purchase Policy (2008)
-See Green Purchasing section.
Landscape Water Conservation
Ordinance (2010)
-See Water Use section.
Shade Tree Policy (2012)
-New parking lots should be
designed to incorporate shade
trees in order to achieve 50%
canopy coverage over the
parking stalls within 15 years.
-Cool paving materials and solar
canopies are alternate ways to
comply with the 50% threshold.
-Healthy, existing shade trees
should be retained and shall be
credited 150% towards the 50%
threshold.
-Trees should be planted along
streets to maximize shade
cover.
FUNDING OPPORTUNITIES
-Local Government Partnership
with SDG&E and CA Public
Utilities Commission (Trainings
Only)
-SDG&E rebates and incentives
-Development Impact Fees
2018-10-23 Agenda Packet Page 180
ITEM #8
YOU WILL RECEIVE AN E-MAIL
INDICATING WHEN THE RESOLUTION
FOR THIS ITEM IS AVAILABLE
2018-10-23 Agenda Packet Page 181