HomeMy WebLinkAbout2019/11/05 Agenda Packet I declare under penalty of perjury that I am employed
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CRY OF
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CHULA VISTA
Mary Casillas Salas, Mayor
John McCann, Councilmember- District 1 Gary Halbert, City Manager
Jill M. Galvez, Councilmember- District 2 Glen R. Googins, City Attorney
Stephen C. Padilla, Councilmember- District 3 Kerry K. Bigelow, City Clerk
Mike Diaz, Councilmember- District 4
Tuesday, November 5, 2019 5:00 PM Council Chambers
276 4th Avenue, Building A
Chula Vista, CA 91910
REGULAR MEETING OF THE CITY COUNCIL
CALL TO ORDER
ROLL CALL:
Councilmembers Diaz, Galvez, McCann, Padilla and Mayor Casillas Sa/as
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
A. 19-0509 PRESENTATION BY GIRL SCOUT TROOP 6034
REGARDING WREATHS ACROSS AMERICA AT GLEN
ABBEY MEMORIAL PARK AND MORTUARY
B. 19-0501 PRESENTATION OF THE 17TH ANNUAL BEAUTIFY
CHULA VISTA DAY AND RECOGNITION OF THE PARKS
DIVISION OF THE PUBLIC WORKS DEPARTMENT, THE
SUSTAINABILITY TEAM, I LOVE A CLEAN SAN DIEGO,
AND THE LIVING COAST DISCOVERY CENTER
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City Council Agenda November 5,2019
CONSENT CALENDAR (Items 1 - 3)
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.
1. 19-0511 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 3.50 OF THE CHULA VISTA MUNICIPAL CODE
(DEVELOPMENT IMPACT FEES TO PAY FOR VARIOUS
PUBLIC FACILITIES) (SECOND READING AND ADOPTION)
Department: Development Services Department
Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the
California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental
review is required.
Recommended action: Council adopt the ordinance.
2. 19-0472 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING A HOUSEHOLD HAZARDOUS
WASTE GRANT FROM CALRECYCLE AND
APPROPRIATING FUNDS THEREFOR (4/5 VOTE
REQUIRED)
Department: Economic Development Department
Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California
Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing
Facilities), Section 15304 Class 4 (Minor Alterations to Land), Section 15311
Class 11 (Accessory Structures), and Section 15061(b)(3).
Recommended Action: Council adopt the resolution.
3. 19-0497 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE PURCHASE OF NINE
UTILITY TRUCKS FROM COURTESY CHEVROLET
Department: Fire Department
Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the
California Environmental Quality Act State Guidelines; therefore, pursuant to
State Guidelines Section 15060(c)(3) no environmental review is required.
Recommended Action: Council adopt the resolution.
ITEMS REMOVED FROM THE CONSENT CALENDAR
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2019-11-05 Agenda Packet Page 2 of 131
City Council Agenda November 5,2019
PUBLIC COMMENTS
Persons speaking during Public Comments may address the Council on any subject matter
within the Council's jurisdiction that is not listed as an item on the agenda. State law generally
prohibits the Council from discussing or taking action on any issue not included on the agenda,
but, if appropriate, the Council may schedule the topic for future discussion or refer the matter
to staff. Comments are limited to three minutes.
PUBLIC HEARINGS
The following item(s) have been advertised as public hearing(s) as required by law. If you wish
to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and
submit it to the City Clerk prior to the meeting.
4. 18-0530 PUBLIC HEARING TO CONSIDER FORMATION OF THE
CHULA VISTA BAYFRONT PROJECT SPECIAL TAX
FINANCING DISTRICT AND ASSOCIATED ACTIONS
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING AN AMENDED AND
RESTATED REVENUE SHARING AGREEMENT BY AND
BETWEEN THE CITY OF CHULA VISTA AND THE SAN
DIEGO UNIFIED PORT DISTRICT FOR THE CHULA VISTA
BAYFRONT RESORT HOTEL AND CONVENTION CENTER
AND RELATED INFRASTRUCTURE
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING A JOINT COMMUNITY
FACILITIES AGREEMENT BY AND BETWEEN THE CITY
OF CHULA VISTA AND THE SAN DIEGO UNIFIED PORT
DISTRICT FOR THE CHULA VISTA BAYFRONT SPECIAL
TAX FINANCING DISTRICT
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA FORMING AND ESTABLISHING THE
BAYFRONT PROJECT SPECIAL TAX FINANCING
DISTRICT AND AUTHORIZING SUBMITTAL OF THE LEVY
OF SPECIAL TAX WITHIN THE BAYFRONT PROJECT
SPECIAL TAX FINANCING DISTRICT TO THE QUALIFIED
ELECTORS OF SUCH DISTRICT
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City Council Agenda November 5,2019
D. RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA, ACTING AS THE LEGISLATIVE BODY
OF THE BAYFRONT PROJECT SPECIAL TAX FINANCING
DISTRICT, DEEMING IT NECESSARY TO INCUR A
BONDED INDEBTEDNESS OF SUCH DISTRICT
E. RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA, ACTING AS THE LEGISLATIVE BODY
OF THE BAYFRONT PROJECT SPECIAL TAX FINANCING
DISTRICT, CALLING A SPECIAL MAIL BALLOT ELECTION
AND SUBMITTING TO THE QUALIFIED ELECTORS OF
SUCH DISTRICT SEPARATE PROPOSITIONS TO
AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN, TO
AUTHORIZE SUCH DISTRICT TO INCUR A BONDED
INDEBTEDNESS SECURED BY THE LEVY OF SPECIAL
TAXES THEREIN AND TO ESTABLISH AN
APPROPRIATIONS LIMIT FOR SUCH DISTRICT
(This item was continued from 10/15/2019.)
Department: Development Services Department
Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the
California Environmental Quality Act State Guidelines; therefore, pursuant to
State Guidelines Section 15060(c)(3) no environmental review is required.
Nothwithstanding the foregoing, the Project was adequately covered in
previously adopted Environmental Impact Report UPD#83356-
EIR-658/SCH#20005081077.
Recommended action: Council conduct the public hearing and adopt the resolutions.
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.
5. 19-0481 A. ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHULA VISTA MUNICIPAL CODE SECTIONS
19.58.022 (ACCESSORY DWELLING UNITS) AND
19.58.023 (JUNIOR ACCESSORY DWELLING UNITS) TO
REMOVE THE OWNER OCCUPANCY REQUIREMENT
(FIRST READING)
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City Council Agenda November 5,2019
B. ORDINANCE OF THE CITY OF CHULA VISTA
IMPLEMENTING THE DEVELOPMENT IMPACT FEE
RELATED PROVISIONS OF SENATE BILL 13
(ACCESSORY DWELLING UNITS) (FIRST READING)
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AMENDING COUNCIL POLICY 478-01
(PARTICIPATION BY PRIVATE DEVELOPERS IN THE
FINANCING AND/OR INSTALLATION OF TRAFFIC
SIGNALS) AND CHAPTER 16 (DEVELOPMENT AND
IN-LIEU FEES) OF THE CITY'S MASTER FEE SCHEDULE
RELATING TO ACCESSORY DWELLING UNITS AND
JUNIOR ACCESSORY DWELLING UNITS
(Ordinance A was continued from 10/1/2019.)
Department: Development Services Department
Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the
California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental
review is required. Notwithstanding the foregoing, the activity qualifies
for an Exemption pursuant to Section 15061(b)(3) of the California
Environmental Quality Act State Guidelines.
Recommended action: Council place the ordinances on first reading and adopt the resolution.
CITY MANAGER'S REPORTS
MAYOR'S REPORTS
6. 19-0508 RATIFICATION OF APPOINTMENTS OF THE FOLLOWING:
- Bryan Ehm, Board of Appeals and Advisors
- Lee Kohse, Cultural Arts Commission
COU NCI LM EMBERS' COMMENTS
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City Council Agenda November 5,2019
CITY ATTORNEY'S REPORTS
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by noon on
Wednesday following the Council meeting at the City Attorney's office in accordance with the
Ralph M. Brown Act(Government Code 54957.7).
7. 19-0510 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT
TO GOVERNMENT CODE SECTION 54957.6
Agency designated representatives: Gary Halbert, Glen
Googins, Kelley Bacon, Maria Kachadoorian, Courtney
Chase, David Bilby and Simon Silva
Employee organization: International Association of Fire
Fighters Local 2180 (IAFF)
ADJOURNMENT
to the regular City Council meeting on November 12, 2019, at 5:00 p.m., in the Council
Chambers.
Materials provided to the City Council related to any open-session item on this agenda are available for
public review at the City Clerk's Office, located in City Hall at 276 Fourth Avenue, Building A, during
normal business hours.
In compliance with the
AMERICANS WITH DISABILITIES ACT
The City of Chula Vista requests individuals who require special accommodations to access, attend,
and/or participate in a City meeting, activity, or service, contact the City Clerk's Office at(619)
691-5041(California Relay Service is available for the hearing impaired by dialing 711) at least
forty-eight hours in advance of the meeting.
Most Chula Vista City Council meetings, including public comments, are video recorded and aired live
on AT&T U-verse channel 99 (throughout the County), on Cox Cable channel 24 (only in Chula Vista),
and online at www.chulavistaca.gov. Recorded meetings are also aired on Wednesdays at 7 p.m. (both
channels) and are archived on the City's website.
Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are
published online.
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a
CITY COUNCIL
AGENDA STATEMENT
- CITY OF
CHULA VISTA
November 5,2019 File ID: '19-0370
19-0511 19-0511
TI'T'LE,
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 3.50 OF THE CHULA VISTA MUNICIPAL
CODE (DEVELOPMENT IMPACT FEES TO PAY FOR VARIOUS PUBLIC FACILITIES) (SECOND READING AND
ADOPTION)
RECOMMENDED AcTiON
Council adopt the ordinance.
SUMMARY
The City of Chula Vista collects a Public Facilities Development Impact Fee (PFDIF) from new development
to fund the construction and acquisition of general government buildings and equipment,including,but not
limited to, fire stations, libraries, and recreation facilities. The PFDIF is codified in Chapter 3.50 of the
Chula Vista Municipal Code (CVMC). The proposed ordinance amends Chapter 3.50 for consistency with
other City development impact fee programs, improves readability, removes outdated provisions, and
provides additional fee deferral authority. Additional modifications to eliminate and/or reduce fees for
Accessory Dwelling Units (ADUs) are also recommended,in accordance with Senate Bill 13.
ENVIRONMENTAL REVIEW
The City's Development Services Director 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; therefore, pursuant to Section 15060(c)(3) of
the State CEQA Guidelines,the activity is not subject to CEQA.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
In August of 1989, the City Council adopted an ordinance establishing a series of "supplemental" impact
fees. After a more comprehensive review of the City's capital needs over the next year,the Public Facilities
Development Impact Fee (PFDIF) program was established in 1991, via Ordinance No. 2432. The PFDIF
was subsequently updated in 2000, 2002, and 2006 and codified in Chapter 3.50 of the Chula Vista
Municipal Code (Development Impact Fees to Pay for Various Public Facilities) (the "PFDIF Ordinance").
Wr . 001 r1age 11
2019-11-05 Agenda Packet Page 7 of 131
The PFDIF provides a mechanism for development projects to mitigate the cumulative burdens they place
on public facilities.
The public facilities financed by the PFDIF include the following seven (7) components:
1. Civic Center Expansion
2. Police Facilities and Equipment
3. Corporation Yard Relocation
4. Libraries
5. Fire Suppression System
6. PFDIF Program Administration
7. Major Recreation Facilities
Proposed Revisions
Revisions to the PFDIF Ordinance are proposed to provide consistency with other City development impact
fee (DIF) programs, improve readability,remove outdated provisions,provide additional fee waiver
authority,and implement Senate Bill 13. To follow is a brief discussion of the recommended edits. A
redline strikeout of CVMC Chapter 3.50 is provided as Attachment 1.
Definitions(CVMC 3.50.020)
Updates to the definitions section of the ordinance are recommended for consistency with the City's
Transportation Development Impact Fee (TDIF) programs (CVMC Chapter 3.54), standard practices,and to
reflect terms currently defined in the body of the ordinance.
Eliminated Program Components(CVMC 3.50.030)
Four program components were eliminated in conjunction with the last comprehensive updated of the
PFDIF program, approved via Ordinance 2006-3050 in October 2006. All projects planned for these
components have been completed and all funds have been expended. The eliminated components include:
1. Geographic Information System (GIS);
2. Computer Systems;
3. Telecommunication Systems; and
4. Records Management System.
Updates to remove reference to the four eliminated program components are recommended.
Other Outdated Provisions
Staff recommends replacing references throughout to the Olympic Training Center with references to the
Elite Athlete Training Center. Other outdated provisions recommended for update and/or deletion apply
to limited time offerings of fee prepayments and deferrals.
Fee Credits&Reimbursements(CVMC 3.50.150&3.50.155)
Recommended updates include referencing the City's newly adopted procurement guidelines for developer
performed public works (CVMC 2.56.160(H)) and establishing a standard credit award process based on
the provisions of the City's TDIF programs. Additional edits consistent with the TDIF programs are also
recommended related to developer transfer of credits (CVMC 3.50.155).
F1 a g e 2
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Fee Waiver, Reduction, and Deferral Provisions(CVMC 3.50.160)
Updates to the fee waiver, reduction, and deferral provisions of the PFDIF Ordinance in order to simplify
the subject process, broaden the City Manager's deferral authority, and provide consistency with the City's
TDIF programs are recommended. Under the existing PFDIF Ordinance, if a developer contends that the
fee assessed to their project is unconstitutional or unrelated to mitigation of the impacts of their project,
they must apply to the City Council for a modification or a reduction of the fee. In addition, the PFDIF
Ordinance lacks provisions for temporary facilities or deferrals.
Staff recommends the following provisions be added to the PFDIF Ordinance (CVMC 3.50.160):
• If a developer contends that the fee assessed to their project is unconstitutional or unrelated to
mitigation of the impacts of their project, they may apply to the City Manager for a modification or
reduction of the fee. The City Manager shall make a determination within ten (10) business days of
the developer's application for modification or reduction. The developer may appeal the City
Manager's decision to the City Council.
• Developments designated and intended as a temporary use (10 years or less) may be granted a fee
waiver, as determined by the City Manager, or designee. The developer may appeal the City
Manager's decision to the City Council.
• Appeals shall be filed with the City Clerk within ten (10) business days of the City Manager's
decision. The City Council should consider the appeal within 60 days after its filing and the decision
of the City Council will be final.
• Deferrals may be granted by the City Manager or designee based on economic hardship, funding
sequencing challenge,of if the project offers a public benefit. Market rate interest must be charged,
and the deferred amount must be adequately secured by agreement with the applicant.
• Creation of a new provision that would apply only to hotels/motels that do not receive any other
form of economic subsidy from the City. These projects would be allowed to apply for a deferral
and/or reduction in their PFDIF. If approved, a deferral could be granted for a period of up to four
(4) years from the Certificate of Occupancy for the project. The deferral would require an
agreement between the City and the developer,to include an acceptable security instrument.
• All deferrals with an outstanding balance would become due and payable if the developer transfers
the property to any other party without the reasonable advance approval of the City and the
acceptance of the other party of the obligation, including provision of acceptable replacement
security.
Accessory Dwelling Units
Pursuant to Senate Bill 13, as signed into law by the Governor on October 9, 2019, ADUs and Junior
Accessory Dwelling Units (JADUs) smaller than 750 square feet are exempt from all development impact
fees. For ADUs and JADUs 750 square feet or larger, the fees charged must be proportional to the fees for
the primary residence on a square footage basis. The proposed ordinance implements this new law. A
separate report will be made to the City Council on November 5, 2019, which will include an omnibus
ordinance implementing this change in all other City development impact fee programs.
F1 a g e 13
2019-11-05 Agenda Packet Page 9 of 131
Other
Additional recommended updates include referencing the City's Interfund Loan Policy (City Council Policy
220-06) and allowing for Interfund loans outside the annual budget adoption process (see CVMC
3.50.170(A)).
The previously authorized annual inflationary updates to the PFDIF are preserved (see CVMC 3.50.090).
The next such increase will be effective October 1, 2020.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific
and consequently,the real property holdings of the City Council members do not create 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.
CURRENT-YEAR FISCAL IMPACT
All costs associated with the preparation of this report are borne by the Public Facilities Development
Impact Fee program,resulting in no net impact to the General Fund or the Development Services Fund.
ONGOING FISCAL IMPACT
The proposed ordinance modifications provide consistency with other City DIF programs; improve
readability; remove outdated provisions; streamline and simplify the fee reduction, waiver, and deferral
process; and create a new process for deferral of fees for uses that generate a public benefit, including
hotels/motels, supporting development of economically desirable uses while ensuring the City continues to
collect appropriate fees to mitigate the impacts of these facilities. If adopted, these new provisions are
anticipated to incentivize the development of projects that generate positive fiscal impacts to the City's
General Fund.
Reduced impact fee revenues are projected to result from eliminating and reducing impact fees to be
collected from ADUs and JADUs. No impact to capital project timing is anticipated to result from this
reduction in revenues.
ATTACHMENTS
1. Redline strikeout of CVMC Chapter 3.50 (Development Impact Fees to Pay for Various Public
Facilities).
Staff Contact: Tiffany Allen,Assistant Director of Development Services.
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2019-11-05 Agenda Packet Page 10 of 131
Attachment 1
Chapter 3.50
DEVELOPMENT IMPACT FEES TO PAY FOR VARIOUS PUBLIC FACILITIES
Sections:
3.50.010 General intent.
3.50.020 Definitions.
3.50.030 Public facilities to be financed by the Ffee.
3.50.040 Territory to which Ffee applicable.
3.50.050 Establishment of Ffee.
3.50.060 Determination of Ffees by land use category.
3.50.070 Time to determine amount due.
3.50.080 Purpose and use of Ffee.
3.50.090 Amount of Ffee.
3.50.100 Development Pprojects exempt from the Ffee.
3.50.110 Authority for accounting and expenditures.
3.50.120 Findings.
3.50.130 Fee additional to other fees and charges.
3.50.140 Developer construction of facilities.
3.50.145 Mandatory oversizing of facility—Duty to tender reimbursement offer.
3.50.150 Procedure for issuance of credits or tender of reimbursement offer.
3.50.155 Developer transfer of credits.
3.50.160 Procedure for fee modification or reduction.
3.50.1.70 Fund loans.
3.50.1.80 Effective date.
3.50.01.0 General intent.
The City's General Plan land use and public facilities elements require that adequate public
facilities be available to accommodate increased population created by new development within
the City of Chula Vista.
The City Council of the City of Chula Vista has determined that new development will create
adverse impacts on the City's existing public facilities which must be mitigated by the financing
and construction of certain public facilities which are the subject of this chapter. New
development contributes to the cumulative burden on these public facilities in direct relationship
to the amount of population generated by the development or the gross acreage of the
commercial or industrial land in the development.
2019-11-05 Agenda Packet Page 11 of 131
Attachment 1
Page 2
The City Council of the City of Chula Vista has determined that a reasonable means of financing
the public facilities is to charge a fee on all developments in the City of Chula Vista. Imposition
of the public facilities development impact fee on all new development for which building
permits have not yet been issued is necessary in order to protect the public safety and welfare,
thereby ensuring effective implementation of the City's General Plan. (Ord. 3050 § 2, 2006).
3.50.020 Definitions.
For the purposes of this chapter, the following words or phrases shall be construed as defined in
this section, unless from the context it appears that a different meaning is intended:
A. "Accessory Dwelling Unit" means an Accessory Dwelling Unit as defined in CVMC
19.58.022.
�B. "Building pj!ermit" means a permit required by and issued pursuant to the Uniform
Building Code, as adopted by reference by this City.
B.C. "Developer"means the owner or applicant develloper-of a dDevelopment Project.
CL.D. "Development pPermit" means any discretionary permit, entitlement or approval for a
dDevelopment pProject issued under any zoning or subdivision ordinance of the City.
�E. "Development pProject" of"dev meat" means any activity that results in a net
increase in demand for service as reasonably determined in the sole discretion of the Cit
Mana Q er or desi nee described as the following:
1. Any new residential dwelling unit including any Accessory Dwelling Unit 750
square feet or lar ear developed on vacant land;
2. Any new residential dwelling unit, including any Accessory Dwelling Unit 750
square feet or larger, developed on nonvacant land. The fees shall be based solei oil n the
net increase in service demand,
3. Any physical conversion of an existing residential structure to create an
AccessoKy Dwelling Unit 750 square feet or larger,
274. Any new eofuimelfeiIli/`c',rWf"" ` „"�'" ^'nonresidential -evelopmentconstruction
on or enhancement to c^r���:mon vacant land;
375. Any expansions or intensification of nonresidential to establushed developpnefif
of-fueNN-developments on nonvacant landMose
, if the result is a net increase in - demand
2019-11-05 Agenda Packet Page 12 of 131
Attachment 1
Page 3
for service. The fee shall be based solely on the net increase
in service demand;
476. Any new or expanding special land use project.;
5specialpufposepf, developed
expanded w;+
f'ae shall be base,] __,
s ,, 11„s 1 1«,nll,,,n v„1 ;
and -,,z 0') 4'41, C4n1-a ( r,.Marc-vbwe 4 (�"`e�
iR13'C['c7 Of+,..e�Tlate —()Nlefn nen'l Go
F. "Engineer's Report" means, collectively, the "Report on Supplemental Development
Impact Fee for Public Facilities" prepared by City staff dated .Tune 1989; the "Development
Impact Fees for Public Facilities" report prepared by Willdan Associates dated December 12,
1990; the "Development Impact Fee for Public Facilities 1999 Update" report Prepared by City
staff dated April 2000, the "Public Facilities DIF 2002 Update" report prepared by City staff
dated March 2002; the "Public Facilities DIF November 2002 Amendment" prepared by City
staff; and the "Public Facilities Development Impact Fee March 2006 Update" report prepared
by City staff, which are on file in the office of the CitV Clerk.
G. "Fee Component" means a portion of the Fee allocated to specific Public Facilities,
which corresponds to the cost of the various Public Facilities, plus the cost of administering
Fee program. The Fee Components are as follows:
1. Civic Center
2. Police Department Facilities;
3. Co oration Yard;
4. Library System,
5. Fire Suppression System;
6. Major Recreation Facilities;
7. Administration
H. "Fee Credit" means credit that Developers may receive for costs they incur designing ging and
constructing the Public Facilities in accordance with CVMC 3.54.1.50.
2019-11-05 Agenda Packet Page 13 of 131
Attachment I
Page 4
1. "Fee(s)" means the Public Facilities Development Impact Fees established pursuant to
CVMC 3.50.050 and assessed in accordance with the Mitigation Fee Act (Government Code
Sections 66000 through 66025), as described in the Engineer's Report.
£-J. "Nonprofit Community pPurpose fFacility" means a facility that is not operated for
profit and that whie4i-serves one of the following purposes:
1. Social and human service activities, including such services as Boy Scouts and
Girl Scouts, Boys and Girls Club, Alcoholics Anonymous and services for the
homeless;
2. Public schools (primary and secondary only);
3. Private schools (primary and secondary only);
4. Day care;
5. Senior care and recreation;
6. Worship, spiritual growth and development.
K. "Public Facilltv(les)" or "Facilities" means the project or a portion of a project which
involves the specified improvements authorized by CVMC 3.50.030.
F-.L._"Special ILand nUse" means any nonresidential, noncommercial/office or nonindustrial
dDevelopment pEroject (e.g., 41y* -Chula Vista Elite Athlete Training Center, hospitals,
utilities), "I 11--_;
1111I.al PuFpOse Pfije-et.
peeial putpose pf-jeet" means -.141-IF F.-1 111-F-11
_j
eftfe*
U. "URgifleeF FepOFt" Fe_11:e-FS to t1fle A PHI In 1()()-1
l--es Fepoft
i. 6'.FxtFaoFA
Inafy pF-.jee+l eost, inefeases" ineaw. ...e.eases Affl eosts +,..a+, eould
..alvle ften Feasofla feseen at t-e tHfle a pfe-j", --F",
j. "ExtfaOF-dinafy d1weNing tinit, ehange" mleafls afl
eOffifflefe;
IaVindustf;.al aefes -11"of whileh 11-MildifflIg
pefmits have not yet been pulled, whieh ehanges the existing total by more than 2,M110 dwelling
HF14
its &F 2011011 eommeFeial/iindustfia4 aertls,-.
2019-11-05 Agenda Packet Page 14 of 131
Attachment 1
Page 5
3.50.030 Public facilities to be financed by the F'fee.
A. The pPublic €Facilities (" �^�'�*;a�"`, which are the subject matter of the fee; include but
are not limited to) buildings, amenities, equipment and related one-time start-up costs or portions
thereof, as detailed in subsection (C) of this section and in the eEngineer's rReport on file in the
office of the City Clerk.
B. The City Council of the City of Chula Vista may modify or amend t-h%s-thc list of:Public
€Facilities by wfitten-resolution in ,,,,ae„ W;+1. 4 C;tyIs "iene.-al Pia„-of
rhA capitalimprovement p,„ . 5, .
C. The Public€Facilities are as follows:
1. Civic Center eExpansion;
2. Police Department tFacilities and Eequipment;
3. Corporation Yyard rRelocation/Eexpansion;
4. Library Ssystem Eexpansion;
5. Fire Ssuppression Ssystem Eexpansion;
K, **(I_eogfapl"e inlbfmatiofl system expansion.
7.
Computlef system ;
4-0& Major (Recreation Ffacilities
Pools).
3.50.040 Territory to which Ffee applicable.
The area of the City of Chula Vista to which the fee herein established shall be applicable shall
be the territorial limits of the City of Chula Vista ("Tterritory"), as they may from time to time
be amended.
2019-11-05 Agenda Packet Page 15 of 131
Attachment I
Page 6
3.50.050 Establishment of Ffee.
A. A Public Facilities dDevelopment ilmpact ffee4�4�----" is hereby established to pay for
the Public fFacilities within the Tterritory. The Tee shall be paid no earlier than upon the
issuance of bBuilding Ppermits and no later than final inspection or certificate of occupancy,
whichever occurs first, for each dDevelopment pEr0*ect within the City of Chula Vista.
1
B. Notwithstandimy subsection (A) of this section, exeept that, at the dis—etion of the City
Manager, in his or her sole discretion, may require payment of the Fees in advance of final
inspection or certificate of occupancy upon the occurrence of any of the following events:-a
Ilevelopef rnay pfepay all of paft or e;v;e eefl+-,
developer-'s -�'+ure levelopment,
Ilowevef, the developef has sole fesponsil-4*14 V_ sub Ie inefeases fesulting fforn
1-11Y -r-payi -sequent r_
in +
cost
ex+,faoF,4; en+s e Consufflef-Pri-ee,
index IODII of Bui"flg G-OHSt
'fue+;Ofl index Of
a. extraordinary ehange�_
1. The change of ownership of the Development Project, or any portion or portions
thereof;
2. Upon the Finance Director's determination that the Fees are necessary based on
the adopted fFacilities program in accordance with California Government Code Section
66007(h)(1),
3. Upon determination of the Finance Director that there exists a risk associated with
the collection of the Fees at a date later than permit issuance,
4. Upon entering into an agreement to prepay all or a portion of a Qeveloplr�ent
Proiect's Fees. Entering into such an agreement shall be solely at the City Manager's
discretion and shall require a minimum prepayment of$5,000,000.
3.50.060 Determination of Ffees by land use category.
For purposes of this fFee, single-family dwelling units shall include single-family detached
homes and detached condominiums; multifamily dwelling units shall include attached
condominiums, townhouses, duplexes, triplexes, and apartments. Accessory Dwelling. Units 750
square feet or larger shall be charged Proportionately in re'lation to the square footage
primary dwelling unit on the lot. Commercial/office and industrial development projects shall be
charged on a pef-gLqss acre basis. ff
_ees for single-family, multi-family,
commercial and industrial land uses shall be based on the demand for service generated by that
land use, for each prublic fFacility set forth in CVMC 3.50.030:
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Attachment I
Page 7
Service Demand Generated by Land Use
Single-
Multifamily
Family Dwelling Commercial Industrial
Dwelling Unit Acre Acre
Public Facility Unit
Civic Center Expansion .169 .742 .058 .031
Police Department fFacilities and .150 .747 .075 .028
Eequipment
Corporation Yyard .125 .465 .228 .182
Rfelocation/eExpansion
Library-,System Eexpansion .178 .822 .000 .000
(residential only)
Fire Ssuppression-,System .212 .707 .060 .020
eExpansion
Major Rfecreation Ffacilities .178 .822 .000 .000
(residential only)
1--ener-al GovernineR4
i i Gentef expansio.-I 4-69 45-9 04
Program Administration .169 .742 .058 .031
The rate for each Sspecial ILand Uuse D-levelopment pl2r-ojeet, as defined in CVMC 3.50.020,
Development Project shall be equivalent to the commercial/office rate per gross acre of land. The
04yinpie-Chula Vista Elite Athlete Training Center shall be equivalent to the industrial rate per
gross acre of land. The rate tof eaeh speeial F—H.—VO-sile Apf�--A OWN40 I 'Z(1 010 J-11
Ile equivalent to one-half+t— The charges shall be
those outlined in CVMC 3.50.090.W , . The fee-Fee multiplied by the total number of dwelling
units or acres within a given dDevelopment pEroject represents a dDeveloper's fair sharefee
obligation ("Efan�ee shafe0bligation") for that Ddevelopment Eproject.
3.50.070 Time to determine amount due.
The ."I-e to-r- eaeh development shall he ealeulate'd at the time of —A
-hall
s -e the amount as indieated at that time, and not when the te-ntatk,e map or- final map was
2019-11-05 Agenda Packet Page 17 of 131
Attachment 1
Page 8
gfanty when _ y
fm;+ plan elleell was eon1hi.e+eA' Of when
y y y
-he 1001 110ttsing element of the I-eneral Plan may request anthofi-z-41W.. F.1F_.Y _11 11
A;sere+;0fl Oft City Manager. in ofdeF to _r1le + 11,
fee ex` L.g as of 114afel- 25 2002.The Fees for each Development Project shall be calculated
based on the rates in effect at the time of payment.
3.50.080 Purpose and use of Ffee.
The fFee collected shall be used by the City for the following purposes, in such order and at such
time as determined by the City Council:
A. To pay for such of the Public fFacilities that the City Council determines should be
constructed, installed or purchased at that time, or to reimburse the City for Public fFacilities
funded by the City from other sources.
B. To reimburse dDevelopers who have been required or permitted by CVMC 3.50.140(A)
to construct, install orpurchase approved Public €Facilities listed in CVMC 3.50.030(C), in such
amounts as the Council deems appropriate.
C. To repay any and all persons who have, puFsuantto pfioF Ifelti—("IF-dinnee Nos. 2-3120-or
24 j,-of--pursuant to this chapter, advanced or otherwise loaned funds for the construction of a
Public(Facility identified herein.
D. To repay the City for admintistfationncosts associated with administration of the fFee.
3.50.090 Amount of Ffee.
A. The (Fee shall be the amounts set forth in subsections (B) al-f�Q} of this section. The
Ffee shall be adjusted, starting on October 1, 22020, and on each October 1st thereafter,
based on the following two indexes:
1. For the Ceivic eCenter eBxpansion, lLibrary S v stem Ex ansionle-17, fFire
Ssuppression System Expansion, and Mmajor Rrecreation Ffacilities Fee Components:
Tthe Engineering News Record, Building Construction Cost Index for the Los Angeles
Area.
2. For the pPolice Department Facilities and Equipment, Ceorporation Yyard
Relocation/Expansion, ,
te1-1 eo.m.muflft a is n systems, feel, ego-Ment and Aadministration Fee
2019-11-05 Agenda Packet Page 18 of 131
Attachment I
Page 9
eComponents: The U.S. Department of Labor, Bureau of Labor Statistics (San Diego
Metropolitan Statistical Area).
Adjustments of the Ffee based upon annual changes to these two indexes shall be automatic,-
shall not require further action by the City Council, and shall be published in the City's Master
Fee Schedule.
The P44XF-Fee may also be reviewed and amended by the City Council as necessary based on
changes in the type, size, location or cost of the Public fFacilities to be financed by the ffee;
changes in land use designation in the City's General Plan; and-or upon other sound engineering,
Wse
financing and planning information. stilting Ad;us+ he refrom th
J mlents to the
B. The Ifee shall have portwors vl,liiileli a-. I s report' a 1.1.0ea t1led +_
("41�ee eomponeins - . eoffespond +0 the e0st's 0,114'He vanotis .-e es, plus
speei-fi.e 14-e-l 11
the adininistfation cost fbf the flee
C-.B. The Ffees, as of October 1, 2019 are as follows,liall Ift 01
I..e depending on the
land use, and will be amended annually and from time-to-time, as provided. in subsection A,-,
above:
Land Use Fee
Residential- Single-family dwellings $7,-W411,175/DU
Residential-Multifamily dwellings $7,A-7-710,569/DU
Commercial/Office $2-54, 8-4-.34.560/acre
Industrial $ 510,871/acre
Special ILand uUse $2-54, -434 560/acre
Olyi*pi-&—Chula Vista Elite Athlete $7-,45-910,87 1/acre
Training Center
Public pj!urpose Exempt
Nonprofit eCommunity pl!urpose fFacility Exempt
Qpeeial Ptifpose Pf,-;-,-+ 1Z V) <on/__
2019-11-05 Agenda Packet Page 19 of 131
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Page 10
3.50.100 Development projects exempt from the Ffee.
A. Development pProjects by public agencies shall be exempt from the provisions of the
€Fee if those Pprojects are designed to provide the public service for which the agency is charged
("pPublic pPurpose").
B. Nonprofit Community pPurpose €Facilities which are not operate'd
are also exempt inasmuch as these institutions provide benefit to
the community as a whole, including all land use categories which are the subject matter of the
€Fee. The City Council hereby determines that it is appropriate to spread any impact such
nNonprofit cCommunity pPurpose (Facilities might have to the other land use categories subject
to the Ffee. In the event that a court determines that the exemption herein extended to Nonprofit
cCommunity pPurpose (Facilities shall for any reason be invalid, the City Council hereby
allocates the *Nonprofit cCommunity !!purpose €Facilities' fair share to the City of Chula Vista
and not to any of the land use categories which are the subject matter of the development impact
land use categories.
C. Development pProjects which are additions or expansions to existing dwelling units or
additions, expansions, or chanes of nonresidential uses shall be exempt if the addition,
expansion or change of use does not result in a net increase in dwellin4 units or nonresidential
intensity,
expansion does not result ;n a net in-e in 11welling-tn4s of eornmefeiakindustnial aefeage.
The Fee shall be assessed on any net additional dwelling units or nonresidential intensity. Anv
net reduction in dwelling units or nonresidential intensity shall not be entitled to a refund, but the
Property shall retains credit based on the former number of dwelling units or nonresidential
intensity.
CL.D. Accessory Dwelling Units smaller than 750 square feet are exempt from the provisions of
the Feepursuant to California Government Code Section 65352.2 3 A .
3.50.110 Authority for accounting and expenditures.
A 11 C-
i I... Iles whieh have aeefued shall fernai.n. elpffira 11-1
ha.. ffinY Be expended +,..e purposes assoeiated With. eae.. .,...,y
.1fiedie.al..", make expenditures from the
aeeounts If-of the pnfposes set I'Oft"fl. h-.'...
2019-11-05 Agenda Packet Page 20 of 131
Attachment 1
Page 1 1.
B.
The Ffees collected shall be deposited into a public facility financing fund (the
"pPublic FFacilities dDevelopment ilmpact Wee FFund," or alternatively herein the "Hund"),
W11;etI., is kHeteby-1-1— ��r��^*4�d n as established by the Director of Finance and shall be expended only
for the purposes set f fth in tail ^"°�ri identified herein.
The Director of Finance is authorized to establish a single Ffund for deposit of the
Fees collected for the various Public€Facilities identified in this chapter and to periodically make
expenditures from the(Fund for the purposes set forth herein.
3.50.120 Findings.
The City Council finds that collection of the fFee established by this chapter at the time of the
building �°e�^i* ,sru.", a is necessary to provide funds for the Public (Facilities and to ensure
certainty in capital facilities budgeting for growth-impacted pPublic(Facilities.
3.50.130 Fee additional to other fees and charges.
This fFee is in addition to the requirements imposed by other City laws, policies or regulations
relating to the construction or the financing of the construction of public improvements within
subdivisions or dDevelopment Projects.
demands eFeated by the development ,
... , , , , u
,
v
,
I 1-at
paFtiettlaf lae.ility as ineluded in the ealeulation anA '4"+;" ,f+t,- r__ 'Fl,- 1-4- '_A"+_ +I,-
Fe;H4141UFSeffleflt Shall be ifidepelldellt Of the
3.50.140 Developer construction of facilities.
Developer may construct or finance a Public Facility in accordance with the following:
2019-11-05 Agenda Packet Page 21 of 131
Attachment 1
Page 12
A. Any__W- �e= , t Developer of a Ddevelopment pProject wouk1--be—required by
application of City law—ordinance, rcgulation, or policy, as a condition of approval of a
dDevelopment pPermit to design construct or finance a Public IFacility, or 4aa� dDeveloper
that proposes to design, construct, or finance a ^ of Public Ffacility in conjunction
with the prosecution of a dDevelopment pProject within the Tterritory, a*dshall follows the
procedure for doing same as set forth in this chapter and in CVMC 2.56.160(flille einbelow set
,
the CHY _ouneil shall, in the following applieabile ".. m.
8.4—_If the cost of the Public Ffacility, incurred by the Devcloper and acceptable to
the City, is less than or equal to that portion of the Ddeveloper's fait—hafeFee Obligation related
to the Ffee Ceomponent for that Public €Facility, the City may only give a Fee eC,redit
111, eyel,pep er-e ate_against that portion of the dDeveloper's f-an—ffeFee Obligation related to
the Ffee Ccomponent for that Public(Facility � share of*"� rn_
— — — -a;i-r—i�-raci=�cr��„-�Ga✓i=r.
C. I.—If the cost of the facility, incurred by the ops=Developer and acceptable to the
City, is greater than that portion of the dDeveloper's Fee Obligation fair-, to the fFee
Ccomponent for that Public fFacility, but less than or equal to the dDeveloper's total
�hafeFee Obligation, the City may give a credit, which credit shall first be applied against that
portion of the Fee Obli gtjgn4 i ;hare related to the €Fee eComponent for that Public €Facility,
and the excess costs for the Public €Facility shall then be applied as Fee Ceredits against such
other IFee Ceomponents of the Ddeveloper's total 4n--AvareFee Obligation as the City Manager,
in his or her sole and unfettered discretion, shall determine; or
3- If the cost of the facility, incurred by the dDeveloper and acceptable to the City, is greater
than the dDeveloper's total fair—h& Fee Obli ation, the City may give a Fee eCredit against the
dDeveloper's total 44k-4,weFee Obligation as the City Manager, in his or her sole and unfettered
discretion, shall determine; and/or the City may tender to the Ddeveloper a reimbursement
agreement to reimburse said dDeveloper only from the Ffund as moneys are available, over time,
with interest at the fair market value of money, at the option of the City.
D. Unless otherwise stated herein, all deve�Fee eCredits shall be calculated on a dollar
basis ' ' to be applied
toward payment of the assessed Fee at the time Fees are due, based on the then-current€Fee.
E. The requirements of CVMC 3.50.1.45, 3.50.1.50, and 3.50.1.55 may, in the City's
discretion, be modified through an agreement between the Developer and the City, as approved
b v resolution of the City Council.
2019-11-05 Agenda Packet Page 22 of 131
Attachment I
Page 13
3.5 .145 Mandatory oversizing of facility-Duty to tender reimbursement offer.
Whenever a Developer of a Development Project is required as a condition of approval of a
Development Permit to cause a Public Facility to be built to accommodate the demands created
by the Development Project, the City may require the Developer to install, purchase or construct
the Public Facility according to design_specifications approved by the City, that beinv with such
supplemcrital size or capacity required by the City ("Oversized Capacity Requirement"). If such
an Oversized Capacity Requirement is imposed, the City shall tender to the Developer a
reimbursement agreement for City-approved costs associated with the Oversized Capacity
Requirement, to be paid in cash when funds are available, as determined by the City Manner, or
designee. The City may, in its discretion, enter into an agreement with the Developer to issue
Fee Credits in lieu of a reimbursement agreement for costs associated with the Oversized
Capacity Requirement, or some combination thereof. This duty to offer reimbursement shall be
independent of the Ddeveloper's obligation to pay the fee,
3.50.150 Procedure for issuance of credits or tender of reimbursement offer.
The City's extension of Fee eCredits or tender of a reimbursement offer to a Ddeveloper
pursuant to CVMC 3.50.140 shall be conditioned on the dDeveloper complying with the terms
and conditions of this section:
A. Developer shall comply with the procedures described in CVMC 2.56.160(H), except that
approval to proceed and change order approvals for Developer-constructed Public Facilities to be
constructed for Fee Credit shall be granted by the City Manager, or designee, and shall not
require action of the City Council.
A,13. Written authorization shall be requested by the developer from the City and issued by the
City Council by written resolution, or the City Manager for Public Facilities to be constructed for
Fee Credit, before dDeveloper may incur any costs eligible for reimbursement relating to the
Public(Facility.
B-.C. The request for authorization shall contain the information listed in this section and such
other information as may from time to time be requested by the City. In addition to the
requirements of CVMC 2.56.160(H), Developer shall perform the following:
C-11. if the ("Otiflefl. grants autho-i-i-z-ati-ofl, 4 A-11 1- 1- ---ment W;+
.Y -11 the IeVelope,
and On tile -I"011OWilig e0fldi+611-11 11-4, "+1,-" +-
time !Mpose".
1. Developer shall prepare all plans and specifications and submit same for approval
by the City;
2019-11-05 Agenda Packet Page 23 of 131
Attachment I
Page 14
2. Developer shall secure land and dedicate any right-of-way required toprovide
access to fol-the Public fFacilityies;
3. Developer shall secure all required permits and environmental clearances
necessary for construction of the Public Ffacilityiies,;
3. Developer shall provide a detailed cost estimate that itemizes those costs of the
construction attributable to the Public Facility and excludes any work attributable to a
specific subdivision project. The estimate shall be preliminary, and the final amount of
the reimbursement or Fee Credit shall be subject to final determination of the Cit
Manner, or designee, upon completion of the Public Facility-
3-.4. Developer shall provide performance bonds in a form and amount and with a
surety satisfactory to the City (where the developer intends to utilize provisions for
immediate credit, the performance bond shall be for 100 percent of the value of the
pursuantprejee estimated cost of the Public Facility, to subsection (13)(4) of this section);
4-.5. Developer shall pay all City fees and costs;
-5-.6. The City shall be held harmless and indemnified, and upon tender by the City,
defended by the dDeveloper for any of the costs and liabilities associated with the
construction of the Public fFacilityie-s;
6-.7. The City will not be responsible for any of the costs of constructing the Public
fFacilityies. The dDeveloper shall advance all necessary funds to construct the Public
Ffacilityies;
7-.8. he developef sl,-,all, seeufe at, least +",-,Fee qualitied bids wofli to be don&.-The
e E)fl."'+1 OR-1+1 Ile gFant +lie lowest quali-red Nidde- I-v --al"ied the
lentfaet shall b I
+
evelopef fflay-agfee Ile peff-mi the wofk at a-1-6- -1— 'o Of less t"an ..e low Any
claims for additional payment for extra work or charges during construction shall be
justified and shall be documented to the satisfaction of the Difeetor- of Pul-I k- 1AT-11111.
Mann,er, or designee;
Q -File Aevelopef shall pfevide a detailed "r
+-
to the laeilities an- exelude, work attfib,
+-
F
Ily 41 r-%I* P D I'll All -V+I, -r-
etefin.nall-ion I I..e -.Fee+,Of EH HI-e ..ofks upon eofflpletion E). , e 6 1
9. Developer shall be entitled to immediate Fee Credit equal to 50 percent of the
estimated cost of the Public Facility upon City acceptance of the estimate provided
2019-11-05 Agenda Packet Page 24 of 131
Attachment 1
Page 1.5
pursuant to subsection (13)(4) of this section and the provision of performance bonds
pursuant to subsection (13)(5) of this section;
10,
z >
--y upon dez,
beons -,
pefec� ost of di
nFollowing, receipt of valid bids for the Public Facility which comply with all
applicable requirements, entering into binding contracts for the construction of the Public
Facility, and meetin,o all ll requirements and conditions set forth above, as approved by the
City Manager or designee, the Developer shall be entitled to additional Fee Credits,
increasing the cumulative immediate Fee Credit award to 75 percent of the bid amount
attributable to the Public Facility, thereby retaining 25 percent of such Fee Credits until
issuance by the City of a final expenditure determination;
93.11. If the Developer uses all of the immediate Fee Credit before final completion of
the Public Facility project, then the Developer may defer efer payment of the Fees for other
Building Permits by providinay to the City liquid security such as cash or an irrevocable
letter of credit, but not bonds or set-aside letters, in an amount equal to the paining
amount of the estimated cost of the Public Facilityyroject
40-.12, When all Public Facility construction work has been completed to the satisfaction
of the City Mana ger or dcsi nee, t-h"Developer shall submit to the City verification of
payments made for the construction of the Public Ffacility. to City. The T»-etoF-of
pu bI., gar- -, City Manager or designee shall make the final determination on--of which
expenditures wh� are eligible for Fee eCredit or reimbursement. The Developer shall
receive additional Fee Credit in an amount equal to the difference between the final
expenditure determination and the 75 percent immediate Fee Credit issued pursuant to
subsection (13)(1.1) of this section. If the amount of the final Fee Credit award is less than
the deferred obli ation pursuant to subsection (13)(1.2) of this section, then the Developer
shall have 30 calendar davs to pav the deferred Fee. If the deferred Fees are not paid
within this period, the City may make a demand against the liquid security and apply the
proceeds to the Fee Obligation.
3.50.155 Developer transfer of credits.
A. A dDeveloper who, in accordance with the provisions of CVMC 3.50.140, 3.50.145, and
3.50.150, receives Fee eCredits against future payments of the Ffee for one or more Ffee
Ceomponents may transfer those Fee Ceredits as provided herein to another dDeveloper "(:redit
Transfer"). If the Developer complies with all conditions of this section, the Cit shall hall permit
and execute the Credit Transfer. Fee Credits associated with Ffacilities acquire or financed b
2019-11-05 Agenda Packet Page 25 of 131
Attachment 1
Page 16
assessment districts or special tax districts are not eligible for Credit Transfer beyond the
boundaries of said distriet(s).
B. The Ddeveloper shall provide the City with written notiee-reud est o -sehfor eCredit
tTransfer within .11 d&y-sno later than three business days prior to the desired effective date of the
Credit Transfer. The notie-e-reucst shall provide the following information:
1. The name of the dDeveloper to whom the ^ edit, vv,era the
Credit Transfer;
2. The dollar value of the transferred Fee eCredits; and
3. The Wee Ceomponent(s) against which the Fee Ceredits will be applied;,-and
,
efed4s have
keen f`l.'I1.,reJaa m a 1
A. Gfedits receive,-' by a developer of a low- an—d'or mod project in ae—A—p-
uevelopinentfir.-qJ...�
3.50.160 Procedure for ,fee modification or reduction.
A. Any Ddeveloper who, because of the nature or type of uses proposed for a Ddevelopment
e4Pr�ect, contends that application of this fee is unconstitutional or unrelated to mitigation
of the burdens of the Ddevelopment Pr�ct may apply to the City L 3eri1 Mann 4er in writin r
for a modification or reduction of the fFee. The applie a" he made —A M-d
, ,
at the time of
. The application shall state in detail the factual basis
for the claim of modification or reduction. The City Go -Manager shall issue a decision
within 1.0 business days of receipt of the application for Fee modification or reduction. The
requested modification or reduction shall be considered denied by the City Manager if a decision
is not issued within 10 business days, The decision of the City Manager may be appealed to the
Citv Council. Unless the requirement for timely filing is waived by the Citv, the appeal shall be
made in writing-And filed with the Cit v Clerk not later than 10 business days after issuance of the
Citv Manager's decision. The appeal shall state in detail the factual basis for the claire of
modification or reduction. The City Council shall consider the application at a public hearing on
same, notice of which shall be provided directly to the appellant, but need not be published other
than by description on the agenda of the meeting at which the public hearing is held. The City
Council shall mare reasonable efforts to hold the public hearin,) within 60 days of the film-)- of
the appeal, make feasonable el"I61-I,
2019-11-05 Agenda Packet Page 26 of 131
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Page 17
The decision of the City Council shall be final. If a reduction or modification is granted, any
change in use within the Development Pproject shall subject the d �Developer to payment
of the Ffee for the new use. The procedure provided by this section is additional to any other
procedure authorized by law for pfateetiEen-protesting or challenging th s-thc Ffee imposed by
this chapter.
B. A Development Project, which is designated and intended as a temporary use 00 years or
less) and which is conducted in facilities which are, by their natures, short-term interim facilities
such as a portable or modular building (including mobile homes, trailers, etc. may qualify for a
waiver or reduction, as determined by the City Manager or designee. The City Mana erg 's or
designee's determination may be appealed to the City Council pursuant to Subsection (A of this
section.
C. A deferral of the Fee may be granted if the City Manager, or designee, reasonably
determines in his or her sole discretion that one of the following circumstances exists: (i the
Developer has demonstrated an economic hardship or funding sequencing challen .e; or (11) the
Project offers a public benefit. The deferral shall only be granted if the Cites eg r or
designee determines that: 1) the amount deferred will bears interest at a fair market rate, such
that the City will receive an amount that is equal to, or greater than, the total amount of Fees
owed prior to the deferral; and (ii) the amount deferred is adequately secured by a written
agreement with the applicant, the terms of which shall be subject to approval of the City
Manager.
D. Anv Developer who proposes the construction of a new hotel/motel which does not
otherwise receive an economic subsidy from the City, mayapply to the City for a deferral and/or
reduction of the Fee based oil the nature of the hotel/motel.
A deferral pursuant to this subsection ma e canted for a period of up to four years from the
certificate of occupancy for the Development Project. The deferral period shall begin upon the
issuance of a temDorary certificate of occupancv, as applicable. The total amount deferred shall
be secured throe h a written a reement between the City and the Developer, the terms of which
shall be sub'ect to approval of the Cit Mana ger.
E. At a minimum, deferral agreements pursuant to subsection (C) and (D) of this section
shall require the following_
1. The Fee obli ration be secured through a promissory note and a recorded lien
deed of trust or other security instrument in real property, in a form acceptable to the
City Manager or desi )-nee of at least equivalent value to the Ffees due pursuant to
CVMC 3.50.090 to be located within the Cit v of Chula Vista.
2019-11-05 Agenda Packet Page 27 of 131
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Page 18
2. Any sale or transfer of the Development Oroject Property shall require the new
owner to assume all obligations of the transferring party, including, without limitation,
full responsibility for the outstanding deferred balance and the provision of appropriate
security acceptable to the Citv Manner or designee. The Citv of Chula Vista shall be
provided with notice of the transfer and documentation satisfactory to the City N Manager
or designee demonstrating that the new owner has fully assumed all obligations of the
transfcrrin�party. Failure to provide such notice shall cause the outstanding deferred Fee
balance to become immediately due and payable.
3.50.170 Fund loans.
A. Loans by the City. The City may loan funds to the fu*d-Fund to pay for Public.fiwil4ies
Facilities should the 44nd--Fund have insufficient funds to cover the cost of said-planned
facilityies. Said loans, if granted, shall be approved by resolution of the City Council Upon the
allop6on of+ + kill
1. the annual G4Y " _get and shall carry interest rates pursuant to City Council Policy
220-06 (Interfund Loan Policy) or such other policies as may be subsequently adopted.as-smet-by
+I,e 04 r, I ref eaell _V�
- Y �Otifle .- I. lisea! yeaf. A sel-edule for fepayment ofsaid loans shall be estabhshM
+Ie time they afe made and appfove-I by -Ile Colffle;l,
a maximum 4em+� exeeed + -
of'
B. Developer Loans. A developer may loan funds to the City as outlined in CVMC 3.50.140
and 3.50.150. The City may repay said developer loans with interest, under the terms listed in
subsection (A) of this section.
3.50.180 Effective date.
This chapter shall become effective teary-December 65, 200719.
2019-11-05 Agenda Packet Page 28 of 131
SECOND READING AND ADOPTION
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 3.50 OF THE CHULA VISTA MUNICIPAL CODE
(DEVELOPMENT IMPACT FEES TO PAY FOR VARIOUS
PUBLIC FACILITIES)
WHEREAS, the City of Chula Vista assesses the Public Facilities Development
Impact Fee (PFDIF) on new development to fund the construction and acquisition of general
government buildings and equipment, including, but not limited to, Fire Stations, Libraries, and
Recreation Facilities; and
WHEREAS, January 8, 1991, the City Council adopted Ordinance No. 2432, establishing
the PFDIF;
WHEREAS, the PFDIF is codified as Chapter 3.50 of the Chula Vista Municipal Code
(CVMQ; and
WHEREAS, amendments to Chapter 3.50 are recommended in order to ensure
consistency between development impact fee programs, simplify and streamline administration,
clarify application of the existing code, and improve readability; and
WHEREAS, updates to simplify the fee modification, waiver, and deferral process,
including granting additional authority to the City to approve fee deferrals for projects which
provide significant public benefit are also recommended; and
WHEREAS, the City recognizes the positive economic benefits of hotel/motel land sues
and that such uses may not achieve stabilized operations until several years after construction is
complete; and
WHEREAS, the City Council therefore desires to allow for deferral of the PFDIF for up
to four years from Certificate of Occupancy for hotel/motel uses that do not receive any other
economic subsidy from the City; and
WHEREAS, Senate Bill 13 (Accessory Dwelling Units) was signed into law on October
9, 2019, and will become effective January 1, 2020; and
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WHEREAS, Senate Bill 13 prohibits local agencies, special districts, and water
corporations from imposing impact fees upon the development of accessory dwelling units of
less than 750 square feet; and
WHEREAS, Senate Bill 13 requires impact fees for accessory dwelling units of 750
square feet or more be charged proportionately in relation to the square footage of the primary
dwelling unit; and
WHEREAS, on October 22, 2019,. the City Council of the City of Chula Vista did
conduct a duly-noticed public hearing for consideration of a revision to the PFDIF program; and
WHEREAS, the City's Development Services Director 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; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the
activity is not subject to CEQA.
NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows:
Section L Substantive Action
Chapter 3.50 of the Chula Vista Municipal Code relating to development impact fees to pay for
various public facilities is amended as follows:
3.50.010 General intent.
3.50.020 Definitions.
3.50.030 Public facilities to be financed by the Fee.
3.50.040 Territory to which Fee applicable.
3.50.050 Establishment of Fee.
3.50.060 Determination of Fees by land use category.
3.50.070 Time to determine amount due.
3.50.080 Purpose and use of Fee.
3.50.090 Amount of Fee.
3.50.100 Development Projects exempt from the Fee.
3.50.110 Authority for accounting and expenditures.
3.50.120 Findings.
3.50.130 Fee additional to other fees and charges.
3.50.140 Developer construction of facilities.
3.50.145 Mandatory oversizing of facility—Duty to tender reimbursement offer.
3.50.150 Procedure for issuance of credits or tender of reimbursement offer.
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3.50.155 Developer transfer of credits.
3.50.160 Procedure for fee modification or reduction.
3.50.170 Fund loans.
3.50.180 Effective date.
3.50.010 General intent.
The City's General Plan land use and public facilities elements require that adequate public
facilities be available to accommodate increased population created by new development within
the City of Chula Vista.
The City Council of the City of Chula Vista has determined that new development will create
adverse impacts on the City's existing public facilities which must be mitigated by the financing
and construction of certain public facilities which are the subject of this chapter. New
development contributes to the cumulative burden on these public facilities in direct relationship
to the amount of population generated by the development or the gross acreage of the
commercial or industrial land in the development.
The City Council of the City of Chula Vista has determined that a reasonable means of financing
the public facilities is to charge a fee on all developments in the City of Chula Vista. Imposition
of the public facilities development impact fee on all new development for which building
permits have not yet been issued is necessary in order to protect the public safety and welfare,
thereby ensuring effective implementation of the City's General Plan. (Ord. 3050 § 2, 2006).
3.50.020 Definitions.
For the purposes of this chapter, the following words or phrases shall be construed as defined in
this section, unless from the context it appears that a different meaning is intended:
A. "Accessory Dwelling Unit" means an Accessory Dwelling Unit as defined in CVMC
19.58.022.
B. "Building Permit" means a permit required by and issued pursuant to the Uniform
Building Code, as adopted by reference by this City.
C. "Developer" means the owner or applicant of a Development Project.
D. "Development Permit" means any discretionary permit, entitlement or approval for a
Development Project issued under any zoning or subdivision ordinance of the City.
F. "Development Project" means any activity that results in a net increase in demand for
service, as reasonably determined in the sole discretion of the City Manager, or designee,
described as the following:
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1. Any new residential dwelling unit, including any Accessory Dwelling Unit 750
square feet or larger, developed on vacant land;
2. Any new residential dwelling unit, including any Accessory Dwelling Unit 750
square feet or larger, developed on nonvacant land. The fees shall be based solely on the
net increase in service demand;
3. Any physical conversion of an existing residential structure to create an
Accessory Dwelling Unit 750 square feet or larger;
4. Any new nonresidential construction on, or enhancement to, vacant land;
5. Any expansion or intensification of nonresidential development on nonvacant
land, if the result is a net increase in demand for service. The fee shall be based solely on
the net increase in service demand;
6. Any new or expanding special land use project.
F. "Engineer's Report" means, collectively, the "Report on Supplemental Development
Impact Fee for Public Facilities" prepared by City staff dated June 1989; the "Development
Impact Fees for Public Facilities" report prepared by Willdan Associates dated December 12,
1990; the "Development Impact Fee for Public Facilities 1999 Update" report prepared by City
staff dated April 2000; the "Public Facilities DIF 2002 Update" report prepared by City staff
dated March 2002; the "Public Facilities DIF November 2002 Amendment" prepared by City
staff, and the "Public Facilities Development Impact Fee March 2006 Update" report prepared
by City staff, which are on file in the office of the City Clerk.
G. "Fee Component" means a portion of the Fee allocated to specific Public Facilities,
which corresponds to the cost of the various Public Facilities, plus the cost of administering the
Fee program. The Fee Components are as follows:
1. Civic Center;
2. Police Department Facilities;
3. Corporation Yard;
4. Library System;
5. Fire Suppression System;
6. Major Recreation Facilities;
7. Administration
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H. "Fee Credit" means credit that Developers may receive for costs they incur designing and
constructing the Public Facilities in accordance with CVMC 3.54.150.
L "Fee(s)" means the Public Facilities Development Impact Fees established pursuant to
CVMC 3.50.050 and assessed in accordance with the Mitigation Fee Act (Government Code
Sections 66000 through 66025), as described in the Engineer's Report.
J. "Nonprofit Community Purpose Facility" means a facility that is not operated for profit
and that serves one of the following purposes:
1. Social and human service activities, including such services as Boy Scouts and
Girl Scouts, Boys and Girls Club, Alcoholics Anonymous and services for the
homeless;
2. Public schools (primary and secondary only);
3. Private schools (primary and secondary only);
4. Day care;
5. Senior care and recreation;
6. Worship, spiritual growth and development.
K. "Public Facility(ies)" or "Facilities" means the project or a portion of a project which
involves the specified improvements authorized by CVMC 3.50.030.
L. "Special Land Use" means any nonresidential, noncommercial/office or nonindustrial
Development Project(e.g., Chula Vista Elite Athlete Training Center, hospitals, utilities).
3.50.030 Public facilities to be financed by the Fee.
A. The Public Facilities which are the subject matter of the fee include (but are not limited
to) buildings, amenities, equipment and related one-time start-up costs or portions thereof, as
detailed in subsection (C) of this section and in the Engineer's Report on file in the office of the
City Clerk.
B. The City Council of the City of Chula Vista may modify or amend the list of Public
Facilities by resolution.
C. The Public Facilities are as follows:
1. Civic Center Expansion;
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2. Police Department Facilities and Equipment;
3. Corporation Yard Relocation/Expansion;
4. Library System Expansion;
5. Fire Suppression System Expansion;
6. Major Recreation Facilities.
3.50.040 Territory to which Fee applicable.
The area of the City of Chula Vista to which the fee herein established shall be applicable shall
be the territorial limits of the City of Chula Vista ("Territory"), as they may from time to time be
amended.
3.50.050 Establishment of Fee.
A. A Public Facilities Development Impact Fee is hereby established to pay for the Public
Facilities within the Territory. The Fee shall be paid no earlier than upon the issuance of
Building Permits and no later than final inspection or certificate of occupancy, whichever occurs
first, for each Development Project within the City of Chula Vista.
B. Notwithstanding subsection (A) of this section, the City Manager, in his or her sole
discretion, may require payment of the Fees in advance of final inspection or certificate of
occupancy upon the occurrence of any of the following events:
1. The change of ownership of the Development Project, or any portion or portions
thereof,
2. Upon the Finance Director's determination that the Fees are necessary based on
the adopted Facilities program in accordance with California Government Code Section
66007(b)(1);
3. Upon determination of the Finance Director that there exists a risk associated with
the collection of the Fees at a date later than permit issuance;
4. Upon entering into an agreement to prepay all or a portion of a Development
Project's Fees. Entering into such an agreement shall be solely at the City Manager's
discretion and shall require a minimum prepayment of$5,000,000.
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3.50.060 Determination of Fees by land use category.
For purposes of this Fee, single-family dwelling units shall include single-family detached
homes and detached condominiums; multifamily dwelling units shall include attached
condominiums, townhouses, duplexes, triplexes, and apartments. Accessory Dwelling Units 750
square feet or larger shall be charged proportionately in relation to the square footage of the
primary dwelling unit on the lot. Commercial/office and industrial development projects shall be
charged on a gross acre basis. Fees for single-family, multi-family, commercial and industrial
land uses shall be based on the demand for service generated by that land use, for each Public
Facility set forth in CVMC 3.50.030:
Service Demand Generated by Land Use
Single-
Multifamily
Family Dwelling Commercial Industrial
Dwelling Unit Acre Acre
Public Facility Unit
Civic Center Expansion .169 .742 .058 .031
Police Department Facilities and .150 .747 .075 .028
Equipment
Corporation Yard .125 .465 .228 .182
Relocation/Expansion
Library System Expansion .178 .822 .000 .000
(residential only)
Fire Suppression System .212 .707 .060 .020
Expansion
Major Recreation Facilities .178 .822 .000 .000
(residential only)
Program Administration .169 .742 .058 .031
The rate for each Special Land Use, as defined in CVMC 3.50.020, Development Project shall be
equivalent to the commercial/office rate per gross acre of land. The Chula Vista Elite Athlete
Training Center shall be equivalent to the industrial rate per gross acre of land. The charges shall
be those outlined in CVMC 3.50.090.B. The Fee multiplied by the total number of dwelling units
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or acres within a given Development Project represents a Developer's fair share fee obligation
("Fee Obligation") for that Development Project.
3.50.070 Time to determine amount due.
The Fees for each Development Project shall be calculated based on the rates in effect at the time
of payment.
3.50.080 Purpose and use of Fee.
The Fee collected shall be used by the City for the following purposes, in such order and at such
time as determined by the City Council:
A. To pay for such of the Public Facilities that the City Council determines should be
constructed, installed or purchased at that time, or to reimburse the City for Public Facilities
funded by the City from other sources.
B. To reimburse Developers who have been required or permitted by CVMC 3.50.140(A) to
construct, install or purchase approved Public Facilities listed in CVMC 3.50.030(C), in such
amounts as the Council deems appropriate.
C. To repay any and all persons who have, pursuant to this chapter, advanced or otherwise
loaned funds for the construction of a Public Facility identified herein.
D. To repay the City for costs associated with administration of the Fee.
3.50.090 Amount of Fee.
A. The Fee shall be the amounts set forth in subsection (B) of this section. The Fee shall be
adjusted, starting on October 1, 2020, and on each October 1st thereafter, based on the following
two indexes:
1. For the Civic Center Expansion, Library System Expansion, Fire Suppression
System Expansion, and Major Recreation Facilities Fee Components: The Engineering
News Record, Building Construction Cost Index for the Los Angeles Area.
2. For the Police Department Facilities and Equipment, Corporation Yard
Relocation/Expansion, and Administration Fee Components: The U.S. Department of
Labor, Bureau of Labor Statistics (San Diego Metropolitan Statistical Area).
Adjustments of the Fee based upon annual changes to these two indexes shall be automatic, shall
not require further action by the City Council, and shall be published in the City's Master Fee
Schedule.
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The Fee may also be reviewed and amended by the City Council as necessary based on changes
in the type, size, location or cost of the Public Facilities to be financed by the Fee; changes in
land use designation in the City's General Plan; or upon other sound engineering, financing and
planning information.
B. The Fees, as of October 1, 2019 are as follow, depending on the land use, and will be
amended annually and from time-to-time, as provided in subsection A., above:
Land Use Fee
Residential — Single-family dwellings $11,175/DU
Residential —Multifamily dwellings $10,569/DU
Commercial/Office $34,560/acre
Industrial $10,871/acre
Special Land Use $34,560/acre
Chula Vista Elite Athlete Training Center $10,871/acre
Public Purpose Exempt
Nonprofit Community Purpose Facility Exempt
3.50.100 Development projects exempt from the Fee.
A. Development Projects by public agencies shall be exempt from the provisions of the Fee
if those Projects are designed to provide the public service for which the agency is charged
("Public Purpose").
B. Nonprofit Community Purpose Facilities are also exempt inasmuch as these institutions
provide benefit to the community as a whole, including all land use categories which are the
subject matter of the Fee. The City Council hereby determines that it is appropriate to spread any
impact such Nonprofit Community Purpose Facilities might have to the other land use categories
subject to the Fee. In the event that a court determines that the exemption herein extended to
Nonprofit Community Purpose Facilities shall for any reason be invalid, the City Council hereby
allocates the Nonprofit Community Purpose Facilities' fair share to the City of Chula Vista and
not to any of the land use categories which are the subject matter of the development impact land
use categories.
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C. Development Projects which are additions or expansions to existing dwelling units or
additions, expansions, or changes of nonresidential uses shall be exempt if the addition,
expansion or change of use does not result in a net increase in dwelling units or nonresidential
intensity. The Fee shall be assessed on any net additional dwelling units or nonresidential
intensity. Any net reduction in dwelling units or nonresidential intensity shall not be entitled to a
refund, but the property shall retain credit based on the former number of dwelling units or
nonresidential intensity.
D. Accessory Dwelling Units smaller than 750 square feet are exempt from the provisions of
the Fee, pursuant to California Government Code Section 65852.2(f)(3)(A).
3.50.110 Authority for accounting and expenditures.
The Fees collected shall be deposited into a public facility financing fund (the "Public Facilities
Development Impact Fee Fund," or alternatively herein the "Fund"), as established by the
Director of Finance and shall be expended only for the purposes identified herein.
The Director of Finance is authorized to establish a single Fund for deposit of the Fees collected
for the various Public Facilities identified in this chapter and to periodically make expenditures
from the Fund for the purposes set forth herein.
3.50.120 Findings.
The City Council finds that collection of the Fee established by this chapter is necessary to
provide funds for the Public Facilities and to ensure certainty in capital facilities budgeting for
growth-impacted Public Facilities.
3.50.130 Fee additional to other fees and charges.
This Fee is in addition to the requirements imposed by other City laws, policies or regulations
relating to the construction or the financing of the construction of public improvements within
subdivisions or Development Projects.
3.50.140 Developer construction of facilities.
Developer may construct or finance a Public Facility in accordance with the following:
A. Any Developer of a Development Project required by application of City ordinance,
regulation, or policy, as a condition of approval of a Development Permit to design, construct or
finance a Public Facility, or any Developer that proposes to design, construct, or finance a Public
Facility in conjunction with the prosecution of a Development Project within the Territory, shall
follow the procedure for doing same as set forth in this chapter and in CVMC 2.56.160(H).
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B. If the cost of the Public Facility, incurred by the Developer and acceptable to the City, is
less than or equal to that portion of the Developer's Fee Obligation related to the Fee Component
for that Public Facility, the City may only give a Fee Credit against that portion of the
Developer's Fee Obligation related to the Fee Component for that Public Facility.
C. If the cost of the facility, incurred by the Developer and acceptable to the City, is greater
than that portion of the Developer's Fee Obligation related to the Fee Component for that Public
Facility, but less than or equal to the Developer's total Fee Obligation, the City may give a
credit, which credit shall first be applied against that portion of the Fee Obligation related to the
Fee Component for that Public Facility, and the excess costs for the Public Facility shall then be
applied as Fee Credits against such other Fee Components of the Developer's total Fee
Obligation as the City Manager, in his or her sole and unfettered discretion, shall determine; or
If the cost of the facility, incurred by the Developer and acceptable to the City, is greater than the
Developer's total Fee Obligation, the City may give a Fee Credit against the Developer's total
Fee Obligation as the City Manager, in his or her sole and unfettered discretion, shall determine;
and/or the City may tender to the Developer a reimbursement agreement to reimburse said
Developer only from the Fund as moneys are available, over time, with interest at the fair market
value of money, at the option of the City.
D. Unless otherwise stated herein, all Fee Credits shall be calculated on a dollar basis to be
applied toward payment of the assessed Fee at the time Fees are due, based on the then-current
Fee.
E. The requirements of CVMC 3.50.1.45, 3.50.150, and 3.50.155 may, in the City's
discretion, be modified through an agreement between the Developer and the City, as approved
by resolution of the City Council.
3.50.145 Mandatory oversizing of facility—Duty to tender reimbursement offer.
Whenever a Developer of a Development Project is required as a condition of approval of a
Development Permit to cause a Public Facility to be built to accommodate the demands created
by the Development Project, the City may require the Developer to install, purchase or construct
the Public Facility according to design specifications approved by the City, that being with such
supplemental size or capacity required by the City ("Oversized Capacity Requirement"). If such
an Oversized Capacity Requirement is imposed, the City shall tender to the Developer a
reimbursement agreement for City-approved costs associated with the Oversized Capacity
Requirement, to be paid in cash when funds are available, as determined by the City Manager, or
designee. The City may, in its discretion, enter into an agreement with the Developer to issue
Fee Credits in lieu of a reimbursement agreement for costs associated with the Oversized
Capacity Requirement, or some combination thereof This duty to offer reimbursement shall be
independent of the Developer's obligation to pay the fee.
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3.50.150 Procedure for issuance of credits or tender of reimbursement offer.
The City's extension of Fee Credits or tender of a reimbursement offer to a Developer pursuant
to CVMC 3.50.140 shall be conditioned on the Developer complying with the terms and
conditions of this section:
A. Developer shall comply with the procedures described in CVMC 2.56.160(H), except that
approval to proceed and change order approvals for Developer-constructed Public Facilities to be
constructed for Fee Credit shall be granted by the City Manager, or designee, and shall not
require action of the City Council.
B. Written authorization shall be requested by the developer from the City and issued by the
City Council by written resolution, or the City Manager for Public Facilities to be constructed for
Fee Credit, before Developer may incur any costs eligible for reimbursement relating to the
Public Facility.
C. The request for authorization shall contain the information listed in this section and such
other information as may from time to time be requested by the City. In addition to the
requirements of CVMC 2.56.160(H), Developer shall perform the following:
1. Developer shall prepare all plans and specifications and submit same for approval
by the City;
2. Developer shall secure land and dedicate any right-of-way required to provide
access to the Public Facility;
3. Developer shall secure all required permits and environmental clearances
necessary for construction of the Public Facility;
3. Developer shall provide a detailed cost estimate that itemizes those costs of the
construction attributable to the Public Facility and excludes any work attributable to a
specific subdivision project. The estimate shall be preliminary, and the final amount of
the reimbursement or Fee Credit shall be subject to final determination of the City
Manager, or designee, upon completion of the Public Facility;
4. Developer shall provide performance bonds in a form and amount and with a
surety satisfactory to the City (where the developer intends to utilize provisions for
immediate credit, the performance bond shall be for 100 percent of the estimated cost of
the Public Facility,pursuant to subsection (13)(4) of this section);
5. Developer shall pay all City fees and costs;
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6. The City shall be held harmless and indemnified, and upon tender by the City,
defended by the Developer for any of the costs and liabilities associated with the
construction of the Public Facility;
7. The City will not be responsible for any of the costs of constructing the Public
Facility. The Developer shall advance all necessary funds to construct the Public Facility;
8. Any claims for additional payment for extra work or charges during construction
shall be justified and shall be documented to the satisfaction of the City Manager, or
designee;
9. Developer shall be entitled to immediate Fee Credit equal to 50 percent of the
estimated cost of the Public Facility upon City acceptance of the estimate provided
pursuant to subsection (13)(4) of this section and the provision of performance bonds
pursuant to subsection (13)(5) of this section;
10. Following receipt of valid bids for the Public Facility which comply with all
applicable requirements, entering into binding contracts for the construction of the Public
Facility, and meeting all requirements and conditions set forth above, as approved by the
City Manager or designee, the Developer shall be entitled to additional Fee Credits,
increasing the cumulative immediate Fee Credit award to 75 percent of the bid amount
attributable to the Public Facility, thereby retaining 25 percent of such Fee Credits until
issuance by the City of a final expenditure determination;
11. If the Developer uses all of the immediate Fee Credit before final completion of
the Public Facility project, then the Developer may defer payment of the Fees for other
Building Permits by providing to the City liquid security such as cash or an irrevocable
letter of credit, but not bonds or set-aside letters, in an amount equal to the remaining
amount of the estimated cost of the Public Facility project;
12. When all Public Facility construction work has been completed to the satisfaction
of the City Manager or designee, Developer shall submit to the City verification of
payments made for the construction of the Public Facility. City Manager or designee
shall make the final determination of which expenditures are eligible for Fee Credit or
reimbursement. The Developer shall receive additional Fee Credit in an amount equal to
the difference between the final expenditure determination and the 75 percent immediate
Fee Credit issued pursuant to subsection (B)(11) of this section. If the amount of the
final Fee Credit award is less than the deferred obligation pursuant to subsection (13)(12)
of this section, then the Developer shall have 30 calendar days to pay the deferred Fee. If
the deferred Fees are not paid within this period, the City may make a demand against the
liquid security and apply the proceeds to the Fee Obligation.
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3.50.155 Developer transfer of credits.
A. A Developer who, in accordance with the provisions of CVMC 3.50.140, 3.50.145, and
3.50.1.50, receives Fee Credits against future payments of the Fee for one or more Fee
Components may transfer those Fee Credits as provided herein to another Developer ("Credit
Transfer"). If the Developer complies with all conditions of this section, the City shall permit
and execute the Credit Transfer. Fee Credits associated with Facilities acquired or financed by
assessment districts or special tax districts are not eligible for Credit Transfer beyond the
boundaries of said district(s).
B. The Developer shall provide the City with written request for Credit Transfer no later
than three business days prior to the desired effective date of the Credit Transfer. The request
shall provide the following information:
1. The name of the Developer receiving the Credit Transfer;
2. The dollar value of the transferred Fee Credits; and
3. The Fee Component(s) against which the Fee Credits will be applied.
3.50.160 Procedure for Fee modification or reduction.
A. Any Developer who, because of the nature or type of uses proposed for a Development
Project, contends that application of this Fee is unconstitutional or unrelated to mitigation of the
burdens of the Development Project may apply to the City Manager, in writing, for a
modification or reduction of the Fee. The application shall state in detail the factual basis for the
claim of modification or reduction. The City Manager shall issue a decision within 10 business
days of receipt of the application for Fee modification or reduction. The requested modification
or reduction shall be considered denied by the City Manager if a decision is not issued within 10
business days. The decision of the City Manager may be appealed to the City Council. Unless
the requirement for timely filing is waived by the City, the appeal shall be made in writing and
filed with the City Clerk not later than 10 business days after issuance of the City Manager's
decision. The appeal shall state in detail the factual basis for the claim of modification or
reduction. The City Council shall consider the application at a public hearing on same, notice of
which shall be provided directly to the appellant, but need not be published other than by
description on the agenda of the meeting at which the public hearing is held. The City Council
shall make reasonable efforts to hold the public hearing within 60 days of the filing of the appeal.
The decision of the City Council shall be final. If a reduction or modification is granted, any
change in use within the Development Project shall subject the Developer to payment of the Fee
for the new use. The procedure provided by this section is additional to any other procedure
authorized by law for protesting or challenging the Fee imposed by this chapter.
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B. A Development Project, which is designated and intended as a temporary use (10 years or
less) and which is conducted in facilities which are, by their natures, short-term interim facilities
such as a portable or modular building (including mobile homes, trailers, etc.) may qualify for a
waiver or reduction, as determined by the City Manager or designee. The City Manager's or
designee's determination may be appealed to the City Council pursuant to Subsection (A) of this
section.
C. A deferral of the Fee may be granted if the City Manager, or designee, reasonably
determines in his or her sole discretion that one of the following circumstances exists: (i) the
Developer has demonstrated an economic hardship or funding sequencing challenge; or (ii) the
Project offers a public benefit. The deferral shall only be granted if the City Manager or
designee determines that: (i) the amount deferred will bear interest at a fair market rate, such that
the City will receive an amount that is equal to, or greater than, the total amount of Fees owed
prior to the deferral; and (ii) the amount deferred is adequately secured by a written agreement
with the applicant, the terms of which shall be subject to approval of the City Manager.
D. Any Developer who proposes the construction of a new hotel/motel, which does not
otherwise receive an economic subsidy from the City, may apply to the City for a deferral and/or
reduction of the Fee based on the nature of the hotel/motel.
A deferral pursuant to this subsection may be granted for a period of up to four years from the
certificate of occupancy for the Development Project. The deferral period shall begin upon the
issuance of a temporary certificate of occupancy, as applicable. The total amount deferred shall
be secured through a written agreement between the City and the Developer, the terms of which
shall be subject to approval of the City Manager.
E. At a minimum, deferral agreements pursuant to subsection (C) and (D) of this section
shall require the following:
1. The Fee obligation be secured through a promissory note and a recorded lien,
deed of trust, or other security instrument in real property, in a form acceptable to the
City Manager or designee, of at least equivalent value to the Fees due pursuant to CVMC
3.50.090, to be located within the City of Chula Vista.
2. Any sale or transfer of the Development Project property shall require the new
owner to assume all obligations of the transferring party, including, without limitation,
full responsibility for the outstanding deferred balance and the provision of appropriate
security acceptable to the City Manager or designee. The City of Chula Vista shall be
provided with notice of the transfer and documentation satisfactory to the City Manager
or designee demonstrating that the new owner has fully assumed all obligations of the
2019-11-05 Agenda Packet Page 43 of 131
Ordinance
Page 16
transferring party. Failure to provide such notice shall cause the outstanding deferred Fee
balance to become immediately due and payable.
3.50.170 Fund loans.
A. Loans by the City. The City may loan funds to the Fund to pay for Public Facilities
should the Fund have insufficient funds to cover the cost of planned facilities. Said loans, if
granted, shall be approved by resolution of the City Council and shall carry interest rates
pursuant to City Council Policy 220-06 (Interfund Loan Policy) or such other policies as may be
subsequently adopted.
B. Developer Loans. A developer may loan funds to the City as outlined in CVMC 3.50.140
and 3.50.150. The City may repay said developer loans with interest, under the terms listed in
subsection (A) of this section.
3.50.180 Effective date.
This chapter shall become effective December 5, 2019.
Section 11. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
2019-11-05 Agenda Packet Page 44 of 131
Ordinance
Page 17
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 Development Services City Attorney
2019-11-05 Agenda Packet Page 45 of 131
CITY COUNCIL
I ��
�, ' ������������- AGENDA STATEMENT
�, -- — CITY OF
CHULA VISTA
November 5,2019 File ID: 19-0472
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A HOUSEHOLD
HAZARDOUS WASTE GRANT FROM CALRECYCLE AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE
REQUIRED)
RECOMMENDED AAT➢ON
Council adopt the resolution.
SUMMARY
The California Department of Resources Recycling and Recovery (CalRecycle) has allocated $1,000,000 for
the 33rd cycle of the Household Hazardous Waste Grant Program (Program) for fiscal year 2019-20. The
Program provides opportunities for local governments to implement safe Household Hazardous Waste
(HHW) programs for collection, public education, source reduction, reuse, and/or recycling of HHW. This
grant cycle has been designed for smaller projects that complement existing and/or regional HHW
programs in California. The Environmental Services Section of the Economic Development Department
applied for and received an award of $50,000 for the 33rd Cycle of CalRecycle's Household Hazardous
Waste Grant Program. Staff recommends accepting the grant and appropriating the money into the Waste
Management Fund.
ENVIRONMENTAL,REVIEW
The proposed Project has been reviewed for compliance with the California Environmental Quality Act
(CEQA) and it has been determined that the Project qualifies for a Categorical Exemption pursuant to State
CEQA Guidelines Section 15301 Class 1 (Existing Facilities), Section 15304 Class 4 (Minor Alterations to
Land),Section 15311 Class 11 (Accessory Structures),and Section 15061(b)(3),because it can be seen with
certainty that there is no possibility that the activity in question may have a significant effect on the
environment.Thus,no further environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
Per Resolution No. 2019-070 approved on May 7, 2019, City Council authorized the submittal of
applications for California Department of Resources Recycling and Recovery (CalRecycle) grants for which
F�lage 11
2019-11-05 Agenda Packet Page 46 of 131
the city is eligible to apply and authorized the City Manager or Designee to execute all grant documents and
implement projects funded by CalRecycle. The Environmental Services Section of the Economic
Development Department applied for and received an award of$50,000 for the 33rd Cycle of CalRecycle's
Household Hazardous Waste Grant Program.
CalRecycle has allocated $1,000,000 for the 33rd cycle of the Household Hazardous Waste Grant Program
(Program) for fiscal year 2019-20. The Program provides opportunities for local governments to
implement safe Household Hazardous Waste (HHW) programs for collection, public education, source
reduction, reuse, and/or recycling of HHW. This grant cycle has been designed for smaller projects that
complement existing and/or regional HHW programs in California.
With the funds awarded, staff will implement a new Household Hazardous Waste Reuse Program (Reuse
Program) at the city's existing household hazardous waste facility. The Reuse Program will accept
minimally used household hazardous waste items, such as paint and household cleaners, that will be
dropped off by residents who are no longer using said items and place them into the program for other
residents to take and reuse at no charge. The Reuse Program will provide residents with a convenient way
to donate minimally used items such as paint and household cleaners and give these items a second chance
for use before being recycled.
Additionally, with these grant funds, staff will convert a storage shed currently located at the city's
household hazardous waste facility and transform it into a "reuse store." The reuse store will be designed
and painted to replicate a storefront; it will be an aesthetically pleasing addition to the household
hazardous waste facility. The reuse store will advertise the Reuse Program in a fun, colorful way on the
outside while securely housing all donated household hazardous waste items within.
DECISION-MAKER CDi F1 Icr
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific
and consequently,the real property holdings of the City Council members do not create a disqualifying real
property-related financial conflict of interest under 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 Reuse Program supports the city's Healthy Community goal as it seeks to provide a convenient and
cost-free way for residents to donate for reuse their unneeded household hazardous waste items that have
the potential to be improperly disposed.
CURRENT-YEAR FISCAL IMPACT
There will be no direct fiscal impact to the General Fund.All grant related activities are funded through the
Environmental Services Fund and the California Department of Resources Recycling and Recovery.
rl a g e 12
2019-11-05 Agenda Packet Page 47 of 131
ONGOING FISCAL IMPACT
There will be no ongoing fiscal impact to the General Fund. All grant related activities are funded through
the Environmental Services Fund and California Department of Resources Recycling and Recovery.
ATTACHMENTS
1. Grant Agreement Sheet
2. Terms and Conditions
3. Notice to Proceed
Prepared by Manuel Medrano, Environmental Services Manager
r�' a g e 13
2019-11-05 Agenda Packet Page 48 of 131
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING A HOUSEHOLD HAZARDOUS
WASTE GRANT FROM CALRECYCLE AND
APPROPRIATING FUNDS THEREFOR
WHEREAS, Public Resources Code sections 40000 et seq. authorize the California
Department of Resources Recycling and Recovery (CalRecycle) to administer various grant
programs in furtherance of the state of California's efforts to reduce, reuse, and recycle 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 its 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 received a grant award from CalRecycle in the amount of$50,000
from the Household Hazardous Waste Grant Program for fiscal year 2019-20; and
WHEREAS, the City intends to use these funds to implement a new Household
Hazardous Waste Reuse Program and onsite "Reuse Store" at the City's Household Hazardous
Waste Facility.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it accepts the grant award in the amount of$50,000 from CalRecycle and appropriates
that amount to the Personnel, Advertising, Contracted Services, and Program Supplies budget of
the Waste Management Fund.
Presented by Approved as to form by
Eric Crockett Glen R. Googins
Director of Economic Development City Attorney
2019-11-05 Agenda Packet Page 49 of 131
EXHIBIT B
PROCEDURES AND REQUIREMENTS
HOUSEHOLD HAZARDOUS WASTE GRANT PROGRAM
33,d Cycle (Small Projects) — Fiscal Year 2019-20
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
Priorto Commencing Work ............................................................................................. 3
GrantTerm...................................................................................................................... 3
EligibleCosts ..................................................................................................................4
IneligibleCosts................................................................................................................6
Modifications ...................................................................................................................7
Acknowledgements .........................................................................................................7
Reporting Requirements .................................................................................................8
ProgressReports ............................................................................................................9
FinalReport..................................................................................................................... 9
GrantPayment Information ............................................................................................. 9
Payment Request and Documentation.......................................................................... 10
AuditConsiderations ..................................................................................................... 11
Household Hazardous Waste Grant Program, FY 2019-20 1
2019-11-05 Agenda Packet Page 50 of 131
INTRODUCTION
The Department of Resources Recycling and Recovery (CalRecycle) administers the
Household Hazardous Waste (HHW) 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.
This document is attached to, and incorporated by reference, into the Grant Agreement.
MILESTONES
Date Activity
Notice to Proceed Grant Term Begins on the date the Notice to Proceed is
Date emailed.
September 30, 2020 Progress Report #1 Due
Covering activities from Notice to Proceed to
September 1, 2020
September 30, 2021 Progress Report #2 Due
Covering activities from September 2, 2020 to
September 1, 2021
September 30, 2022 Final Report and final Payment Request Due
Covering activities from Notice to Proceed to
September 30, 2022
September 30, 2022 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 web
pass. After login, locate the grant in the My Awarded/Open Grants table and select
the Grant Management link. 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.
• Sites tab — lists approved project sites.
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.
Household Hazardous Waste Grant Program, FY 2019-20 2
2019-11-05 Agenda Packet Page 51 of 131
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
(https://www.caIrecycle.ca.gov/Laws/Regulations/Title14/), 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 Contractor List
(https://www.calrecycle.ca.gov/Funding/Unreliability/) 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
(https://www.caIrecycle.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 September 30, 2022 and all eligible program costs
must be incurred by this date.
Household Hazardous Waste Grant Program, FY 2019-20 3
2019-11-05 Agenda Packet Page 52 of 131
The Final Report and final Payment Request are due on September 30, 2022.
CalRecycle recommends reserving the period from September 1, 2022 to
September 30, 2022 exclusively for the preparation of the Final Report and final
Payment Request, though they may be completed earlier. Costs incurred to prepare
the Final Report and final Payment Request are only eligible for reimbursement
during the Grant Term.
ELIGIBLE COSTS
All grant expenditures must be for activities, products, and costs specifically included in
the approved Work Plan and approved Budget. To be eligible for reimbursement, costs
must be incurred after receiving a Notice to Proceed and before the end of
September 30, 2022. All services must be provided and goods received during this
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.
Note: "A cost is incurred at the time the grantee becomes liable for it. (e.g. the cost of a
vehicle is incurred when the grantee becomes obligated to make payments on it, not
when the actual payments are made)."
Eligible costs are limited to the following:
• HHW public education and outreach for general audiences (may include
Extended Producer Responsibility (EPR) information).
• Implementation of sustainable EPR collection opportunities, to include but not
limited to:
o Promotion of an ongoing retail take-back program such as batteries or
fluorescent lamps at local hardware stores, businesses, or government
facilities.
o Promotional collection events hosted at businesses or government facilities.
o Promotional public education and outreach materials specifically for local
retail take-back programs.
• Project to:
o Determine and implement the most safe and cost effective methods for
collecting propane gas cylinders and/or marine flares.
o Implement effective education programs and identify effective incentives
that reduce the disposal of household hazardous waste. The incentives
must be something reusable to replace HHW being disposed (does not
include monetary or SWAG
(https://www.caIrecycle.ca.gov/Funding/SWAG) incentives, rechargeable
batteries, propane fuel, adapters, valves, caps or other accessories for
refilling propane canisters).
i. Incentive costs of up to 20 percent of the approved Budget are
eligible. Incentives cannot exceed $20 (including sales tax) per
item and no more than one per household may be distributed.
ii. If refillable propane cylinders are used as incentives, they cannot
be larger than one pound.
• Set-up and operation of temporary or mobile collection program for one-day or
multi-day collection events. This includes promoting, handling, permitting, and
disposal costs for the following, except for those materials that are currently
covered by another recycling/collection program (e.g. covered electronic waste
Household Hazardous Waste Grant Program, FY 2019-20 4
2019-11-05 Agenda Packet Page 53 of 131
[https://www.calrecycle.ca.gov/Electronics/RegInfol, cell phones, thermostat,
etc.):
o Common HHW materials
(https://www.dtsc.ca.gov/HazardousWaste/Haz_Wastes_Home.cfm) and
universal waste
(https://www.dtsc.ca.gov/HazardousWaste/UniversalWaste/)
o Marine flares
o Propane gas cylinders up to 5 gallons
o Solar panels as a pilot project (Review Department of Transportation rules
and research costs during planning stage. Grantees are required to collect
and report data on type/style of panels, manufacturer, volume, and the
method of disposal.)
• Set-up and operation of new or expanded curbside and/or door-to-door collection
programs to allow for the collection of new and eligible HHW materials.
• Minor improvements to an existing HHW facility. (Examples include: storage bins,
signage, painting, paving, shelving, etc.)
• Purchase of personal protection equipment.
• 8-hour refresher Hazardous Waste Operations and Emergency Response
Standards (HAZWOPER) training.
• Indirect costs up to 10 percent of the total grant funds that have been
reimbursed. For more detail on overhead/indirect costs, refer to Exhibit B -
Procedures and Requirements.
Indirect Costs
Indirect costs can be claimed by the grantee. The following guidelines must be used
when claiming these costs.
• The total amount of indirect costs charged to the grant shall not exceed 10
percent of the grant funds reimbursed. These costs are expenditures not
capable of being assigned or not readily itemized to a particular project or
activity, but considered necessary for the operation of the organization and the
performance of the program. The costs of operating and maintaining facilities,
accounting services, and administrative salaries as well as contractor's indirect
costs in their contracts, are examples of indirect costs. All indirect costs charged
to the grant must be associated with grant activities as shown in the approved
Budget.
• Direct costs charged directly to the grant shall not be included in the indirect cost
formula. Supervision performed by managers and supervisors can be included in
the indirect cost formula, and therefore, will not be a direct charge to the grant.
On the other hand, if a manager or supervisor performs an activity that is directly
related to the execution of the grant (not supervision), costs associated with this
activity may be included as a direct charge. Such activity must be clearly
supported by appropriate documentation and shall not be charged to the grant as
indirect cost.
• The grantee must maintain organized and accurate records that follow generally
accepted accounting principles and leave an audit trail. The grantee must
provide access to all documents related to the grant program and fiscal operation
of the grant program as deemed necessary by CalRecycle.
Household Hazardous Waste Grant Program, FY 2019-20 5
2019-11-05 Agenda Packet Page 54 of 131
If you are uncertain whether a given cost is considered an indirect cost, contact
the Grant Manager.
INELIGIBLE COSTS
Any costs not specifically included in the approved Budget and not directly related to
HHW 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 prior to the date of the Notice to Proceed email or after
September 30, 2022
• Any costs, such as equipment, maintenance, repairs, tools, supplies, or services
not related to the approved project
• Any food or beverages (e.g., as part of meetings, workshops, or events)
• Costs currently covered by another CalRecycle loan, grant, grant cycle or
contract
• Costs for planning and/or design of HHW facilities
• Ongoing costs to maintain an HHW program
• Developing or customizing school curricula
• Developing or expanding a permanent facility on non-government owned
property
• Equipment or services not related to the project
• HAZWOPER 40-hour and 24-hour courses
• Honoraria, stipends, prizes, royalties, strictly promotional give-away items
(SWAG) (https://www.caIrecycle.ca.gov/Funding/SWAG), etc.
• Management, handling, disposal, or treatment of radioactive, explosives, or
medical wastes, sharps, and pharmaceuticals
• Out-of-state travel
• Overtime costs/Compensated Time Off (except for local government staffing
during specially scheduled evening or weekend events when law or labor
contract requires overtime compensation)
• Personnel costs not related to the project
• Premiums or promotional items unless pre-approved in writing by the Grant
Manager
• Pre-paid expenditures for future goods or services delivered beyond the end of
the grant term
• Promotion of either brand-name product(s) or private businesses with grant funds
• Public education and outreach not related to the project
• Purchase or lease of land
• Remediation (any cleanup or restoration of polluted areas)
• Travel costs exceeding the state-approved rates for mileage, per diem, lodging,
etc.
• For one pound propane or marine flare projects, ineligible incentives include:
monetary or SWAG (https://www.calrecycle.ca.gov/Funding/SWAG) incentives,
rechargeable batteries, propane canisters/tanks over one pound, propane fuel,
adapters, valves, caps or other accessories used for home refilling of propane
canisters.
• Handling and recycling costs for HHW collected from commercial entities
• Propane fuel
Household Hazardous Waste Grant Program, FY 2019-20 6
2019-11-05 Agenda Packet Page 55 of 131
• Costs deemed unreasonable or not related to the grant project by the Grant
Manager
MODIFICATIONS
Any proposed revision(s) to the Work Plan and/or Budget must be submitted in writing
and pre-approved in writing by the Grant Manager prior to grantee incurring the
proposed expenditure. Proposed revisions must be clearly marked on the Work Plan
and/or Budget and must be accompanied by a summary of proposed
changes/modifications, including the justification(s) for the proposed changes. Costs
based on the proposed revisions may not be incurred until Grant Manager approval. If
approved, the grant manager will upload the final revised Work Plan 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(s) should
be retained by the grantee for audit purposes. See Audit Record/Access section of the
Terms and Conditions (Exhibit A).
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 acknowledgement of
CalRecycle's support must incorporate the CalRecycle logo. Initials or abbreviations for
CalRecycle shall not be used. 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.
Publicity and Education
The following items require acknowledgement of funding from CalRecycle and
pre-approval from the CalRecycle Grant Manager prior to incurring the expense:
• All television, radio and video scripts
• Functional premiums, if the per unit price is greater than $6.00
• Advertisements
• Audio and/or visual material
• Brochures
• Pamphlets
• Other outreach
All publicity and education materials must include the following:
1. "Funded by a grant from CalRecycle." Exception: The acknowledgement line is
not required on small items where space constraints would not allow for this line
or if it would interfere with the message.
o There are two acceptable Spanish translations: "Financiado por una beca
del CalRecycle" or "Patrocinado por fondos del CalRecycle." For other
languages, the grantee must work with a certified translator or person
fluent in reading and writing that language. All exceptions must be pre-
approved in writing by the CalRecycle Grant Manager.
2. CalRecyclego (https://www.calrecycle.ca.gov/gallery/) as reflected on the
CalRecycle website, can be obtained from the Office of Public Affairs at
„)a ccal�°e� cle,ca, ov.
3. A list of HHW collection sites within the targeted community with a local
telephone number or website to obtain further information on local collection
Household Hazardous Waste Grant Program, FY 2019-20 7
2019-11-05 Agenda Packet Page 56 of 131
centers. (Use the 1-800-CLEANUP number or Earth911 website
(http://search.earth9l l.com/) if your jurisdiction does not maintain its own
24-hour hotline.)
4. Press Releases — the only requirement is to place the name of "CalRecycle" as
an acknowledgement in the body of the release.
Graphics
HHW-related graphics (https://www.caIrecycle.ca.gov/Used0iI/Graphics/HHWArt/) are
available for use. For large equipment, a CalRecycle bumper sticker
(http://www.calrecycle.ca.gov/UsedOil/Graphics/#Bumper) "Equipment funded by a
grant from CalRecycle" is available and is required to be affixed to all large pieces of
equipment purchased with grant funds. These can be requested from your grant
manager when available. When submitting the Final Report, a photograph of this
equipment should include the affixed sticker.
Retention of Public Education
For audit purposes, grantees are required to retain samples of all publicity and
education materials for three years AFTER the close of the Grant Term, or a longer
period if warranted to resolve any issues with this grant. (See Audit/Records Access
Section in Terms and Conditions, Exhibit A.)
REPORTING REQUIREMENTS
Two Progress Reports 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.
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.
The 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.
Household Hazardous Waste Grant Program, FY 2019-20 8
2019-11-05 Agenda Packet Page 57 of 131
PROGRESS REPORTS
The grantee must submit two Progress Reports that include the Grant Number,
Grantee's Name, and Grant Term.
• Progress Report #1 is due on September 30, 2020 (covering grant activities
from the Notice to Proceed through September 1, 2020).
• Progress Report #2 is due on September 30, 2021 (covering grant activities
from September 2, 2020 through September 1, 2021).
FINAL REPORT
The Final Report is due September 30, 2022. This report should cover grant activities
from the Notice to Proceed through September 30, 2022. The following items must
be included:
• The Grant Number, Grantee's name, and Grant Term.
• The following disclaimer statement on the cover page:
"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."
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
grant application.
2. Reimbursement may be requested only three times during the Grant Term. In
conjunction with (or after) submission of a Progress Report and in conjunction
with the Final Report.
3. The grantee must submit the required Progress Reports/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.
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
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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.
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 at least one of each of the
following.
a) Invoices, receipts, or purchase orders must include the vendor's name and
telephone number, address, description of goods or services purchased, amount
due, and date. The claimed expenses should be highlighted and identified with
applicable task number on each invoice.
b) Proof of payment may include:
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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)
C. Expenditure Itemization Summary (EIS) (CalRecycle 667)
Each EIS must be accompanied by supporting documentation for each line item
expense. All expenditures must be itemized and arranged by the reporting and
expenditure categories as contained in the Grantee's approved Budget and Work
Plan.
D. Personnel Expenditure Summary (CalRecycle 165 or grantee's version), when
applicable. Document personnel expenditures based on actual time spent on
grant activities and actual amounts paid to personnel (these forms are not
required if you have an alternate time reporting method pre-approved by your
Grant Manager).
E. Travel Expense Log Form (CalRecycle 246 or grantee's version), when
applicable. Document costs related to travel and include supporting
documentation.
All forms listed above can be downloaded from the CalRecycle Grant Forms website
(https://www.caIrecycle.ca.gov/Funding/Forms).
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, whichever 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.
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EXHIBIT A
TERMS AND CONDITIONS
Household Hazardous Waste Grant Program
Fiscal Year 2019-20
The following terms used in this Grant Agreement (Agreement) have the meanings given to
them below, unless the context clearly indicates otherwise:
• "CalRecycle" means the Department of Resources Recycling and Recovery.
• "Director" means the Director of CalRecycle or his or her designee.
• "Grant Agreement" and "Agreement" means all documents comprising the agreement
between CalRecycle and the Grantee for this Grant.
• "Grant Manager" means CalRecycle staff person responsible for monitoring the grant.
• "Grantee" means the recipient of funds pursuant to this Agreement.
• "Program" means the Household Hazardous Waste Grant Program.
• "State" means the State of California, including, but not limited to, CalRecycle and/or its
designated officer.
AIR OR WATER POLLUTION VIOLATION
The grantee shall not be:
(a) In violation of any order or resolution not subject to review promulgated by the State Air
Resources Board or an air pollution control district.
(b) Out of compliance with any final cease and desist order issued pursuant to Water Code
Section 13301 for violation of waste discharge requirements or discharge prohibitions.
(c) Finally determined to be in violation of provisions of federal law relating to air or water
pollution.
AMENDMENT
No amendment or variation of the terms of this Agreement shall be valid unless made in
writing, signed by the parties, and approved as required. No oral understanding or
agreement not incorporated into this Agreement is binding on any of the parties. This
Agreement may be amended, modified or augmented by mutual consent of the parties,
subject to the requirements and restrictions of this paragraph.
AMERICANS WITH DISABILITIES ACT
The grantee assures the state that it complies with the Americans with Disabilities Act of
1990 (ADA)(42 U.S.C.§ 12101 et seq.), which prohibits discrimination on the basis of
disability, as well as all applicable regulations and guidelines issued pursuant to the ADA.
ASSIGNMENT, SUCCESSORS, AND ASSIGNS
(a) This Agreement may not be assigned by the grantee, either in whole or in part, without
CalRecycle's prior written consent.
(b) The provisions of this Agreement shall be binding upon and inure to the benefit of
CalRecycle, the grantee, and their respective successors and assigns.
AUDIT/RECORDS ACCESS
The grantee agrees that CalRecycle, the Department of Finance, the Bureau of State Audits,
or their designated representative(s) shall have the right to review and to copy any records
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and supporting documentation pertaining to the performance of this Agreement. The grantee
agrees to maintain such records for possible audit for a minimum of three (3) years after final
payment date or grant term end date, whichever is later, unless a longer period of records
retention is stipulated, or until completion of any action and resolution of all issues which may
arise as a result of any litigation, dispute, or audit, whichever is later. The grantee agrees to
allow the designated representative(s) access to such records during normal business hours
and to allow interviews of any employees who might reasonably have information related to
such records. Further, the grantee agrees to include a similar right of the State to audit
records and interview staff in any contract or subcontract related to performance of this
Agreement.
[It may be helpful to share the Terms and Conditions and Procedures and Requirements with
your finance department, contractors and subcontractors. Examples of audit documentation
include, but are not limited to: expenditure ledger, payroll register entries and time sheets,
personnel expenditure summary form, travel expense log, paid warrants, contracts, change
orders, invoices, and/or cancelled checks.]
AUTHORIZED REPRESENTATIVE
The grantee shall continuously maintain a representative vested with signature authority
authorized to work with CalRecycle on all grant-related issues. The grantee shall, at all
times, keep the Grant Manager informed as to the identity and contact information of the
authorized representative.
AVAILABILITY OF FUNDS
CalRecycle's obligations under this Agreement are contingent upon and subject to the
availability of funds appropriated for this grant.
BANKRUPTCY/DECLARATION OF FISCAL EMERGENCY NOTIFICATION
If the grantee files for protection under Chapter 9 of the U.S. Bankruptcy Code (11 U.S.C.
§901 et seq.) or declares a fiscal emergency at any time during the Grant Term, the grantee
shall notify CalRecycle within 15 days of such filing or declaration, pursuant to the procedures
set forth in the section entitled "Communications" herein.
CHARTER CITIES
If the grantee is a charter city, a joint powers authority that includes one or more charter
cities, or the regional lead for a regional program containing one or more charter cities, the
grantee shall not receive any grant funding if such funding is prohibited by Labor Code
section 1782. If it is determined that Labor Code section 1782 prohibits funding for the grant
project, this Agreement will be terminated and any disbursed grant funds shall be returned to
CalRecycle.
CHILD SUPPORT COMPLIANCE ACT
For any agreement in excess of $100,000, the grantee acknowledges that:
(a) The grantee recognizes the importance of child and family support obligations and shall
fully comply with all applicable state and federal laws relating to child and family support
enforcement, including, but not limited to, disclosure of information and compliance with
earnings assignment orders, as provided in Family Code Section 5200 et seq.; and
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(b) The grantee, to the best of its knowledge, is fully complying with the earnings assignment
orders of all employees, and is providing the names of all new employees to the New Hire
Registry maintained by the California Employment Development Department.
COMMUNICATIONS
All communications from the grantee to CalRecycle shall be directed to the Grant Manager.
All notices, including reports and payment requests, required by this Agreement shall be
given in writing by email, letter, or fax to the Grant Manager as identified in the Procedures
and Requirements (Exhibit B). If an original document is required, prepaid mail or personal
delivery to the Grant Manager is required following the email or fax.
COMPLIANCE
The grantee shall comply fully with all applicable federal, state, and local laws, ordinances,
regulations, and permits. The grantee shall provide evidence, upon request, that all local,
state, and/or federal permits, licenses, registrations, and approvals have been secured for the
purposes for which grant funds are to be expended. The grantee shall maintain compliance
with such requirements throughout the Grant Term. The grantee shall ensure that the
requirements of the California Environmental Quality Act are met for any approvals or other
requirements necessary to carry out the terms of this Agreement. The grantee shall ensure
that all of grantee's contractors and subcontractors have all local, state, and/or federal
permits, licenses, registrations, certifications, and approvals required to perform the work for
which they are hired. Any deviation from the requirements of this section shall result in non-
payment of grant funds.
CONFLICT OF INTEREST
The grantee needs to be aware of the following provisions regarding current or former state
employees. If the grantee has any questions on the status of any person rendering services
or involved with this Agreement, CalRecycle must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code, § 10410):
(a) No officer or employee shall engage in any employment, activity, or enterprise from which
the officer or employee receives compensation or has a financial interest and which is
sponsored or funded by any state agency, unless the employment, activity, or enterprise
is required as a condition of regular state employment.
(b) No officer or employee shall contract on his or her own behalf as an independent
contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code, § 10411):
(a) For the two-year period from the date he or she left state employment, no former state
officer or employee may enter into a contract in which he or she engaged in any of the
negotiations, transactions, planning, arrangements or any part of the decision-making
process relevant to the contract while employed in any capacity by any state agency.
(b) For the twelve-month period from the date he or she left state employment, no former
state officer or employee may enter into a contract with any state agency if he or she was
employed by that state agency in a policy-making position in the same general subject
area as the proposed contract within the twelve month period prior to his or her leaving
state service.
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If the grantee violates any provisions of above paragraphs, such action by the grantee shall
render this Agreement void. (Pub. Contract Code, § 10420).
CONTRACTORS/SUBCONTRACTORS
The grantee will be entitled to make use of its own staff and such contractors and
subcontractors as are mutually acceptable to the grantee and CalRecycle. Any change in
contractors or subcontractors must be mutually acceptable to the parties. Immediately upon
termination of any such contract or subcontract, the grantee shall notify the Grant Manager.
Nothing contained in this Agreement or otherwise, shall create any contractual relation
between CalRecycle and any contractors or subcontractors of grantee, and no agreement
with contractors or subcontractors shall relieve the grantee of its responsibilities and
obligations hereunder. The grantee agrees to be as fully responsible to CalRecycle for the
acts and omissions of its contractors and subcontractors and of persons either directly or
indirectly employed by any of them as it is for the acts and omissions of persons directly
employed by the grantee. The grantee's obligation to pay its contractors and subcontractors
is an independent obligation from CalRecycle's obligation to make payments to the grantee.
As a result, CalRecycle shall have no obligation to pay or to enforce the payment of any
moneys to any contractor or subcontractor.
COPYRIGHTS
Grantee retains title to any copyrights or copyrightable material produced pursuant to this
Agreement. Grantee hereby grants to CalRecycle a royalty-free, nonexclusive, transferable,
world-wide license to reproduce, translate, and distribute copies of any and all copyrightable
materials produced pursuant this Agreement, for nonprofit, non-commercial purposes, and to
have or permit others to do so on CalRecycle's behalf. Grantee is responsible for obtaining
any necessary licenses, permissions, releases or authorizations to use text, images, or other
materials owned, copyrighted, or trademarked by third parties and for extending such
licenses, permissions, releases, or authorizations to CalRecycle pursuant to this section.
CORPORATION QUALIFIED TO DO BUSINESS IN CALIFORNIA
When work under this Agreement is to be performed in California by a corporation, the
corporation shall be in good standing and currently qualified to do business in the State.
"Doing business" is defined in Revenue and Taxation Code Section 23101 as actively
engaging in any transaction for the purpose of financial or pecuniary gain or profit.
DISCHARGE OF GRANT OBLIGATIONS
The grantee's obligations under this Agreement shall be deemed discharged only upon
acceptance of the final report by CalRecycle. If the grantee is a non-profit entity, the grantee's
Board of Directors shall accept and certify as accurate the final report prior to its submission
to CalRecycle.
DISCLAIMER OF WARRANTY
CalRecycle makes no warranties, express or implied, including without limitation, the implied
warranties of merchantability and fitness for a particular purpose, regarding the materials,
equipment, services or products purchased, used, obtained and/or produced with funds
awarded under this Agreement, whether such materials, equipment, services or products are
purchased, used, obtained and/or produced alone or in combination with other materials,
equipment, services or products. No CalRecycle employees or agents have any right or
authority to make any other representation, warranty or promise with respect to any
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materials, equipment, services or products, purchased, used, obtained, or produced with
grant funds. In no event shall CalRecycle be liable for special, incidental or consequential
damages arising from the use, sale or distribution of any materials, equipment, services or
products purchased or produced with grant funds awarded under this Agreement.
DISCRETIONARY TERMINATION
The Director shall have the right to terminate this Agreement at his or her sole discretion at
any time upon 30 days written notice to the grantee. Within 45 days of receipt of written
notice, grantee is required to:
(a) Submit a final written report describing all work performed by the grantee.
(b) Submit an accounting of all grant funds expended up to and including the date of
termination.
(c) Reimburse CalRecycle for any unspent funds.
DISPUTES
In the event of a dispute regarding performance under this Agreement or interpretation of
requirements contained therein, the grantee may, in addition to any other remedies that may
be available, provide written notice of the particulars of such dispute to the Branch Chief of
Financial Resources Management Branch, Department of Resources Recycling and
Recovery, PO Box 4025, Sacramento, CA 95812-4025. Such written notice must contain the
grant number.
Unless otherwise instructed by the Grant Manager, the grantee shall continue with its
responsibilities under this Agreement during any dispute.
DRUG-FREE WORKPLACE CERTIFICATION
The person signing this Agreement on behalf of the grantee certifies under penalty of perjury
under the laws of California, that the grantee will comply with the requirements of the Drug-
Free Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and will provide a drug-free
workplace by taking the following actions:
(a) Publish a statement notifying employees that unlawful manufacture, distribution,
dispensation, possession or use of a controlled substance is prohibited and specifying
actions that will be taken against employees for violations.
(b) Establish a drug-free awareness program to inform employees about all of the following:
(1) The dangers of drug abuse in the workplace.
(2) The grantee's policy of maintaining a drug-free workplace.
(3) Any available counseling, rehabilitation, and employee assistance programs.
(4) Penalties that may be imposed upon employees for drug abuse violations.
(c) Require that each employee who works on the grant:
(1) Receive a copy of the drug-free policy statement of the grantee.
(2) Agrees to abide by the terms of such statement as a condition of employment on the
grant.
Failure to comply with these requirements may result in suspension of payments under the
Agreement or termination of the Agreement or both and grantee may be ineligible for award
of any future state agreements if CalRecycle determines that the grantee has made a false
certification, or violated the certification by failing to carry out the requirements as noted
above.
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EFFECTIVENESS OF AGREEMENT
This Agreement is of no force or effect until signed by both parties.
ENTIRE AGREEMENT
This Agreement supersedes all prior agreements, oral or written, made with respect to the
subject hereof and, together with all attachments hereto, contains the entire agreement of the
parties.
ENVIRONMENTAL JUSTICE
In the performance of this Agreement, the grantee shall conduct its programs, policies, and
activities that substantially affect human health or the environment in a manner that ensures
the fair treatment of people of all races, cultures, and income levels, including minority
populations and low-income populations of the state.
EXPATRIATE CORPORATIONS
The person signing this Agreement on behalf of the grantee certifies under penalty of perjury
under the laws of California, that the grantee is not an expatriate corporation or subsidiary of
an expatriate corporation within the meaning of Public Contract Code Sections 10286 and
10286.1, and is eligible to contract with the State of California.
FAILURE TO PERFORM AS REQUIRED BY THIS AGREEMENT
CalRecycle will benefit from the grantee's full compliance with the terms of this Agreement
only by the grantee's:
(a) Investigation and/or application of technologies, processes, and devices which support
reduction, reuse, and/or recycling of wastes.
(b) Cleanup of the environment.
(c) Enforcement of solid waste statutes and regulations, as applicable.
Therefore, the grantee shall be in compliance with this Agreement only if the work it performs
results in:
(a) Application of information, a process, usable data or a product which can be used to aid in
reduction, reuse, and/or recycling of waste.
(b) The cleanup of the environment.
(c) The enforcement of solid waste statutes and regulations, as applicable.
If the Grant Manager determines that the grantee has not complied with the Grant
Agreement, the grantee may forfeit the right to reimbursement of any grant funds not already
paid by CalRecycle, including, but not limited to, the 10 percent withhold.
FORCE MAJEURE
Neither CalRecycle nor the grantee, its contractors, vendors, or subcontractors, if any, shall
be responsible hereunder for any delay, default, or nonperformance of this Agreement, to the
extent that such delay, default, or nonperformance is caused by an act of God, weather,
accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other
contingencies unforeseen by CalRecycle or the grantee, its contractors, vendors, or
subcontractors, and beyond the reasonable control of such party.
FORFEIT OF GRANT FUNDS/REPAYMENT OF FUNDS IMPROPERLY EXPENDED
If grant funds are not expended, or have not been expended, in accordance with this
Agreement, or if real or personal property acquired with grant funds is not being used, or has
not been used, for grant purposes in accordance with this Agreement, the Director, at his or
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her sole discretion, may take appropriate action under this Agreement, at law or in equity,
including requiring the grantee to forfeit the unexpended portion of the grant funds, including,
but not limited to, the 10 percent withhold, and/or to repay to CalRecycle any funds
improperly expended.
GENERALLY ACCEPTED ACCOUNTING PRINCIPLES
The grantee is required to use Generally Accepted Accounting Principles in documenting all
grant expenditures.
GRANT MANAGER
The Grant Manager's responsibilities include monitoring grant progress, and reviewing and
approving Grant Payment Requests and other documents delivered to CalRecycle pursuant
to this Agreement. The Grant Manager may monitor grantee performance to ensure that the
grantee expends grant funds appropriately and in a manner consistent with the terms and
conditions contained herein. The Grant Manager does not have the authority to approve any
deviation from or revision to the Terms and Conditions (Exhibit A) or the Procedures and
Requirements (Exhibit B), unless such authority is expressly stated in the Procedures and
Requirements (Exhibit B).
GRANTEE ACCOUNTABILITY
The grantee is ultimately responsible and accountable for the manner in which the grant
funds are utilized and accounted for and the way the grant is administered, even if the
grantee has contracted with another organization, public or private, to administer or operate
its grant program. In the event an audit should determine that grant funds are owed to
CalRecycle, the grantee is responsible for repayment of the funds to CalRecycle.
GRANTEE'S INDEMNIFICATION AND DEFENSE OF THE STATE
The grantee agrees to indemnify, defend and save harmless the state and CalRecycle, and
their officers, agents and employees from any and all claims and losses accruing or resulting
to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or
corporation furnishing or supplying work services, materials, or supplies in connection with
the performance of this Agreement, and from any and all claims and losses accruing or
resulting to any person, firm or corporation who may be injured or damaged by the grantee as
a result of the performance of this Agreement.
GRANTEE'S NAME CHANGE
A written amendment is required to change the grantee's name as listed on this Agreement.
Upon receipt of legal documentation of the name change, CalRecycle will process the
amendment. Payment of Payment Requests presented with a new name cannot be paid prior
to approval of the amendment.
IN CASE OF EMERGENCY
In the event of an emergency, or where there is an imminent threat to public health and
safety or the environment, the grantee may choose, at its own risk, to incur grant-eligible
expenses not previously included in the approved Budget, subject to subsequent approval by
the Grant Manager of both the Budget change and the need to implement the Budget change
on an emergency basis. The grantee shall notify the Grant Manager of the emergency and
the Budget change at the earliest possible opportunity. CalRecycle reserves the right to
accept or reject the grantee's determination that the circumstances constituted an emergency
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or a threat to public health and safety or the environment. If the Grant Manager determines
that the circumstances did not constitute an emergency or a threat to public health or safety,
the Budget change will be disallowed.
NATIONAL LABOR RELATIONS BOARD CERTIFICATION
The person signing this Agreement on behalf of the grantee certifies under penalty of perjury
that no more than one final unappealable finding of contempt of court by a federal court has
been issued against the grantee within the immediately preceding two-year period because of
the grantee's failure to comply with an order of a federal court which orders the grantee to
comply with an order of the National Labor Relations Board. This section is not applicable if
the grantee is a public entity.
NO AGENCY RELATIONSHIP CREATED/INDEPENDENT CAPACITY
The grantee and the agents and employees of grantee, in the performance of this
Agreement, shall act in an independent capacity and not as officers or employees or agents
of CalRecycle.
NO WAIVER OF RIGHTS
CalRecycle shall not be deemed to have waived any rights under this Agreement unless such
waiver is given in writing and signed by CalRecycle. No delay or omission on the part of
CalRecycle in exercising any rights shall operate as a waiver of such right or any other right.
A waiver by CalRecycle of a provision of this Agreement shall not prejudice or constitute a
waiver of CalRecycle's right otherwise to demand strict compliance with that provision or any
other provision of this Agreement. No prior waiver by CalRecycle, nor any course of dealing
between CalRecycle and grantee, shall constitute a waiver of any of CalRecycle's rights or of
any of grantee's obligations as to any future transactions. Whenever the consent of
CalRecycle is required under this Agreement, the granting of such consent by CalRecycle in
any instance shall not constitute continuing consent to subsequent instances where such
consent is required and in all cases such consent may be granted or withheld in the sole
discretion of CalRecycle.
NON-DISCRIMINATION CLAUSE
(a) During the performance of this Agreement, grantee and its contractors shall not unlawfully
discriminate, harass, or allow harassment against any employee or applicant for
employment on the bases enumerated in Government Code Section 12900 et seq.
(b) The person signing this Agreement on behalf of the grantee certifies under penalty of
perjury under the laws of California that the grantee has, unless exempted, complied with
the nondiscrimination program requirements (Gov. Code, § 12990, subd. (a-f) and
California Code of Regulations, Title 2, Section 8103). (Not applicable to public entities.)
ORDER OF PRECEDENCE
The performance of this grant shall be conducted in accordance with the Terms and
Conditions, Procedures and Requirements, Project Summary/Statement of Use, Work Plan,
and Budget of this Agreement, or other combination of exhibits specified on the Grant
Agreement Coversheet attached hereto (collectively referred to as "Terms"). Grantee's
CalRecycle-approved Application (Grantee's Application) is hereby incorporated herein by
this reference. In the event of conflict or inconsistency between the articles, exhibits,
attachments, specifications or provisions that constitute this Agreement, the following order of
precedence shall apply:
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(a) Grant Agreement Coversheet and any Amendments thereto
(b) Terms and Conditions
(c) Procedures and Requirements
(d) Project Summary/Statement of Use
(e) Budget
(f) Work Plan
(g) Grantee's Application
(h) All other attachments hereto, including any that are incorporated by reference.
OWNERSHIP OF DRAWINGS, PLANS, AND SPECIFICATIONS
The grantee shall, at the request of CalRecycle or as specifically directed in the Procedures
and Requirements (Exhibit B), provide CalRecycle with copies of any data, drawings, design
plans, specifications, photographs, negatives, audio and video productions, films, recordings,
reports, findings, recommendations, and memoranda of every description or any part thereof,
prepared under this Agreement. Grantee hereby grants to CalRecycle a royalty-free,
nonexclusive, transferable, world-wide license to reproduce, translate, and distribute copies
of any and all such materials produced pursuant this Agreement, for nonprofit, non-
commercial purposes, and to have or permit others to do so on CalRecycle's behalf.
PAYMENT
(a) The approved Budget, if applicable, is attached hereto and incorporated herein by this
reference and states the maximum amount of allowable costs for each of the tasks
identified in the Work Plan, if applicable, which is attached hereto and incorporated herein
by this reference. CalRecycle shall reimburse the grantee for only the work and tasks
specified in the Work Plan or the Grantee's Application at only those costs specified in the
Budget and incurred in the term of the Agreement.
(b) The grantee shall carry out the work described in the Work Plan or in the Grantee's
Application in accordance with the approved Budget, and shall obtain the Grant
Manager's written approval of any changes or modifications to the Work Plan, approved
project as described in the Grantee's Application or the approved Budget prior to
performing the changed work or incurring the changed cost. If the grantee fails to obtain
such prior written approval, the Director, at his or her sole discretion, may refuse to
provide funds to pay for such work or costs.
(c) The grantee shall request reimbursement in accordance with the procedures described in
the Procedures and Requirements.
(d) Ten percent will be withheld from each Payment Request and paid at the end of the grant
term, when all reports and conditions stipulated in this Agreement have been satisfactorily
completed. Failure by the grantee to satisfactorily complete all reports and conditions
stipulated in this Agreement may result in forfeiture of any such funds withheld pursuant to
CalRecycle's 10 percent retention policy.
(e) Lodgings, Meals and Incidentals: Grantee's Per Diem eligible costs are limited to the
amounts authorized in the California State Administrative Manual (contact the Grant
Manager for more information).
(f) Payment will be made only to the grantee.
(g) Reimbursable expenses shall not be incurred unless and until the grantee receives a
Notice to Proceed as described in the Procedures and Requirements (Exhibit B).
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2019-11-05 Agenda Packet Page 69 of 131
PERSONAL JURISDICTION
The grantee consents to personal jurisdiction in the State of California for all proceedings
concerning the validity and operation of this Agreement and the performance of the
obligations imposed upon the parties. Native American Tribal grantees expressly waive tribal
sovereign immunity as a defense to any and all proceedings concerning the validity and
operation of this Agreement and the performance of the obligations imposed upon the
parties.
PERSONNEL COSTS
If there are eligible costs pursuant to Exhibit B, Procedures and Requirements, any personnel
expenditures to be reimbursed with grant funds must be computed based on actual time
spent on grant-related activities and on the actual salary or equivalent hourly wage the
employee is paid for his or her regular job duties, including a proportionate share of any
benefits to which the employee is entitled, unless otherwise specified in the Procedures and
Requirements (Exhibit B).
REAL AND PERSONAL PROPERTY ACQUIRED WITH GRANT FUNDS
(a) All real and personal property, including equipment and supplies, acquired with grant
funds shall be used by the grantee only for the purposes for which CalRecycle approved
their acquisition for so long as such property is needed for such purposes, regardless of
whether the grantee continues to receive grant funds from CalRecycle for such purposes.
In no event shall the length of time during which such property, including equipment and
supplies, acquired with grant funds, is used for the purpose for which CalRecycle
approved its acquisition be less than five (5) years after the end of the grant term, during
which time the property, including equipment and supplies, must remain in the State of
California.
(b) Subject to the obligations and conditions set forth in this section, title to all real and
personal property acquired with grant funds, including all equipment and supplies, shall
vest upon acquisition in the grantee. The grantee may be required to execute all
documents required to provide CalRecycle with a security interest in any real or personal
property, including equipment and supplies, and it shall be a condition of receiving this
grant that CalRecycle shall be in first priority position with respect to the security interest
on any such property acquired with the grant funds, unless pre-approved in writing by the
Grant Manager that CalRecycle will accept a lower priority position with respect to the
security interest on the property. Grantee shall inform any lender(s) from whom it is
acquiring additional funding to complete the property purchase of this grant condition.
(c) The grantee may not transfer Title to any real or personal property, including equipment
and supplies, acquired with grant funds to any other entity without the express
authorization of CalRecycle.
(d) CalRecycle will not reimburse the grantee for the acquisition of equipment that was
previously purchased with CalRecycle grant funds, unless the acquisition of such
equipment with grant funds is pre-approved in writing by the Grant Manager. In the event
of a question concerning the eligibility of equipment for grant funding, the burden will be
on the grantee to establish the pedigree of the equipment.
REASONABLE COSTS
A cost is reasonable if, in its nature or amount, it does not exceed that which would be
incurred by a prudent person under the circumstances prevailing at the time the decision was
made to incur the cost. Consideration will be given to:
CalRecycle's Competitive Grant Terms and Conditions—Revised 3/29/2016 10
2019-11-05 Agenda Packet Page 70 of 131
(a) Whether the cost is of a type generally recognized as ordinary and necessary for the
performance of the grant.
(b) The restraints or requirements imposed by such factors as generally accepted sound
business practices, arms-length bargaining, federal and state laws and regulations, and
the terms and conditions of this Agreement.
(c) Whether the individuals concerned acted with prudence in the circumstances, considering
their responsibilities to the organization, its members, employees, clients, and the public
at large.
(d) Significant deviations from the established practices of the organization which may
unjustifiably increase the grant costs.
RECYCLED-CONTENT PAPER
All documents submitted by the grantee must be printed double-sided on recycled-content
paper containing 100 percent post-consumer fiber. Specific pages containing full color
photographs or other ink-intensive graphics may be printed on photographic paper.
REDUCTION OF WASTE
In the performance of this Agreement, grantee shall take all reasonable steps to ensure that
materials purchased or utilized in the course of the project are not wasted. Steps should
include, but not be limited to: the use of used, reusable, or recyclable products; discretion in
the amount of materials used; alternatives to disposal of materials consumed; and the
practice of other waste reduction measures where feasible and appropriate.
REDUCTION OF WASTE TIRES
Unless otherwise provided for in this Agreement, in the performance of this Agreement, for all
purchases made with grant funds, including, but not limited to equipment and tire-derived
feedstock, the grantee shall purchase and/or process only California waste tires and
California waste tire-derived products. As a condition of final payment under this Agreement,
the grantee must provide documentation substantiating the source of the tire materials used
during the performance of this Agreement to the Grant Manager.
REIMBURSEMENT LIMITATIONS
Under no circumstances shall the grantee seek reimbursement pursuant to this Agreement
for a cost or activity that has been or will be paid for through another funding source. The
grantee shall not seek reimbursement for any costs used to meet cost sharing or matching
requirements of any other CalRecycle funded program.
All costs charged against the Agreement shall be net of all applicable credits. The term
"applicable credits" refers to those receipts or reductions of expenditures that operate to
offset or reduce expense items that are reimbursable under this Agreement. Applicable
credits may include, but are not necessarily limited to, rebates or allowances, discounts,
credits toward subsequent purchases, and refunds. Grantee shall, where possible, deduct the
amount of the credit from the amount billed as reimbursement for the cost, or shall deduct the
amount of the credit from the total billed under a future invoice.
RELIABLE CONTRACTOR DECLARATION
Prior to authorizing any contractor or subcontractor to commence work under this Grant, the
grantee shall submit to CalRecycle a Reliable Contractor Declaration (CalRecycle 168) from
the contractor or subcontractor, signed under penalty of perjury, disclosing whether of any of
CalRecycle's Competitive Grant Terms and Conditions—Revised 3/29/2016 11
2019-11-05 Agenda Packet Page 71 of 131
the events listed in Section 17050 of Title 14, California Code of Regulations, Natural
Resources, Division 7, has occurred with respect to the contractor or subcontractor within the
preceding three (3) years. If a contractor is placed on CalRecycle's Unreliable List after
award of this Grant, the grantee may be required to terminate that contract.
REMEDIES
Unless otherwise expressly provided herein, the rights and remedies hereunder are in
addition to, and not in limitation of, other rights and remedies under this Agreement, at law or
in equity, and exercise of one right or remedy shall not be deemed a waiver of any other right
or remedy.
SELF-DEALING AND ARM'S LENGTH TRANSACTIONS
All expenditures for which reimbursement pursuant to this Agreement is sought shall be the
result of arm's-length transactions and not the result of, or motivated by, self-dealing on the
part of the grantee or any employee or agent of the grantee. For purposes of this provision,
"arm's-length transactions" are those in which both parties are on equal footing and fair
market forces are at play, such as when multiple vendors are invited to compete for an
entity's business and the entity chooses the lowest of the resulting bids. "Self-dealing" is
involved where an individual or entity is obligated to act as a trustee or fiduciary, as when
handling public funds, and chooses to act in a manner that will benefit the individual or entity,
directly or indirectly, to the detriment of, and in conflict with, the public purpose for which all
grant monies are to be expended.
SEVERABILITY
If any provisions of this Agreement are found to be unlawful or unenforceable, such
provisions will be voided and severed from this Agreement without affecting any other
provision of this Agreement. To the full extent, however, that the provisions of such
applicable law may be waived, they are hereby waived to the end that this Agreement be
deemed to be a valid and binding agreement enforceable in accordance with its terms.
SITE ACCESS
The grantee shall allow the state to access sites at which grant funds are expended and
related work being performed at any time during the performance of the work and for ninety
(90) days after completion of the work, or until all issues related to the grant project have
been resolved.
STOP WORK NOTICE
Immediately upon receipt of a written notice from the Grant Manager to stop work, the
grantee shall cease all work under this Agreement.
TERMINATION FOR CAUSE
CalRecycle may terminate this Agreement and be relieved of any payments should the
grantee fail to perform the requirements of this Agreement at the time and in the manner
herein provided. In the event of such termination, CalRecycle may proceed with the work in
any manner deemed proper by CalRecycle. All costs to CalRecycle shall be deducted from
any sum due the grantee under this Agreement. Termination pursuant to this section may
result in forfeiture by the grantee of any funds retained pursuant to CalRecycle's 10 percent
retention policy.
CalRecycle's Competitive Grant Terms and Conditions—Revised 3/29/2016 12
2019-11-05 Agenda Packet Page 72 of 131
TIME IS OF THE ESSENCE
Time is of the essence to this Agreement.
TOLLING OF STATUTE OF LIMITATIONS
The statute of limitations for bringing any action, administrative or civil, to enforce the terms of
this Agreement or to recover any amounts determined to be owing to CalRecycle as the
result of any audit of the grant covered by this Agreement shall be tolled during the period of
any audit resolution, including any appeals by the grantee to the Director.
UNION ORGANIZING
By signing this Agreement, the grantee hereby acknowledges the applicability of Government
Code Sections 16645, 16645.2, 16645.8, 16646, 16647, and 16648 to this Agreement and
hereby certifies that:
(a) No grant funds disbursed by this grant will be used to assist, promote, or deter union
organizing by employees performing work under this Agreement.
(b) If the grantee makes expenditures to assist, promote, or deter union organizing, the
grantee will maintain records sufficient to show that no state funds were used for those
expenditures, and that grantee shall provide those records to the Attorney General upon
request.
VENUE/CHOICE OF LAW
(a) All proceedings concerning the validity and operation of this Agreement and the
performance of the obligations imposed upon the parties hereunder shall be held in
Sacramento County, California. The parties hereby waive any right to any other venue.
The place where the Agreement is entered into and place where the obligation is incurred
is Sacramento County, California.
(b) The laws of the State of California shall govern all proceedings concerning the validity and
operation of this Agreement and the performance of the obligations imposed upon the
parties hereunder.
WAIVER OF CLAIMS AND RECOURSE AGAINST THE STATE
The grantee agrees to waive all claims and recourse against the state, its officials, officers,
agents, employees, and servants, including, but not limited to, the right to contribution for loss
or damage to persons or property arising out of, resulting from, or in any way connected with
or incident to this Agreement. This waiver extends to any loss incurred attributable to any
activity undertaken or omitted pursuant to this Agreement or any product, structure, or
condition created pursuant to, or as a result of, this Agreement.
WORK PRODUCTS
Grantee shall provide CalRecycle with copies of all final products identified in the Work Plan.
Grantee shall also provide CalRecycle with copies of all public education and advertising
material produced pursuant to this Agreement.
WORKERS' COMPENSATION/LABOR CODE
The grantee is aware of Labor Code Section 3700, which requires every employer to be
insured against liability for Workers' Compensation or to undertake self-insurance in
accordance with the Labor Code, and the grantee agrees to comply with such provisions
before commencing the performance of the work of this Agreement.
CalRecycle's Competitive Grant Terms and Conditions—Revised 3/29/2016 13
2019-11-05 Agenda Packet Page 73 of 131
Joseph Coppola
From: Fong, Matthew@ Ca I Recycle <Matthew.Fong @Cal Recycle,ca.gov>
Sent: Thursday, September 26, 2019 9:23 AM
To: Joseph Coppola
Subject: CalRecycle - Notice To Proceed—Household Hazardous Waste Grant Program HD33--
FY2019-20 - City of Chula Vista
Attachments: HD33-19-0020 City of Chula Vista.pdf
Warning:
External Dear Joe,
Email
This email is your Notice to Proceed, which authorizes you as of the date of this correspondence to
incur costs for your grant project. Attached is a copy of your executed Grant Agreement Cover Sheet
(CalRecycle 110). Please review all Grant Agreement provisions to ensure that grant work performed
and costs incurred are in compliance with the Grant Agreement. Remember that you are responsible
for managing your contractors, subcontractors, and other agents and ensuring their compliance with
the Grant Agreement provisions.
The Grant Agreement documents for your grant are in the Documents Tab through GMS
The Grant Resource documents and links are in the Summary Tab in ,GMS
For copies of any required forms referred to in your Grant Agreement, please refer to our website at-
httr)://www.cal[ggytgclle.ca.gov/Fqodin�/forms/
Please keep me informed of changes to your staff contact, address, phone number, etc, If you have
any questions regarding your project, please contact me at (916) 341-6447 or
Ma tLhewfo ng@ Ca I Recycle,ca._qov
Sincerely,
Used Oil and HHW Grant Programs
Financial Resources Management Branch
CA Dept. of Resources Recycling and Recovery (CalRecycle)
calkqeleo
Matt Fong
HHVV and Oil Grant Programs
1001 1 Street MS#9A
P.0 Box 4025
Sacramento, CA 95812-4025
Ph: 916-341-6447 Fax: 916-319-7753
Matthew.Fona(d).Cal Recvcle.ca.qov
calmecyde
Connect with us!
Y04
2019-11-05 Agenda Packet Page 74 of 131
�wm
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CITY COUNCIL
AGENDA STATEMENT
— CITY OF
CHULA VISTA
November 5,2019 File ID: 19-0497
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PURCHASE OF NINE
UTILITY TRUCKS FROM COURTESY CHEVROLET
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
The fire department is requesting approval for a purchase agreement with Courtesy Chevrolet for nine utility
trucks in support of the Fire Department's Measure P Expenditure Plan,Advance Life Support Program,and
deployments to mutual aid requests. The total $397,021 funds required for the utility trucks is allocated
proportionately to three different funding sources in fiscal 19/20 as detailed in the current year fiscal impact
section.
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 Fire Department's continued implementation of the Measure P Expenditure Plan includes the
replacement of three existing utility trucks assigned to the fire training division. Two of the existing trucks
are assigned to staff members and the third truck is assigned to the training division for logistical support.
The utility trucks will provide training division staff with improved reliability and functionality while
decreasing overall maintenance expenses. The costs of the three new utility trucks are part of the
department's overall Measure P Fire Vehicle replacement plan.
The Fire Department's Emergency Medical Services (EMS) Division will replace an existing utility truck that
is assigned to the EMS Fire Captain. The truck will provide the EMS division staff with improved reliability
and functionality while decreasing overall maintenance expenses. Funding for the utility truck will come
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2019-11-05 Agenda Packet Page 75 of 131
from the EMS Division Advance Life Support program (ALS).
The Fire Department's continued involvement in mutual aid responses to wildland fires locally, regionally,
and throughout the State is an important part of the City's ability to gain assistance during future large-scale
wildland fires or other emergencies. The Fire Department's participation in California's Master Mutual Aid
System via the California's Fire Assistance Agreement is fully reimbursed including personnel and vehicle
costs. In support of this continued effort,the Fire Department will be purchasing five new utility trucks that
will be used to support mutual aid wildland fire responses. The five new utility trucks will provide the fire
department with improved capability,functionality,and safety.
The Finance Department assisted with the specifications for the utility trucks and published bid RFB B37-
18/19 on PlanetBids. The solicitation was sent to 105 prospective vendors and resulted in four valid
responses. After review of the submittals, Courtesy Chevrolet was determined to be the lowest responsive
responsible bidder.
DECISION-MAKER CONFLIcr
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and
consequently, the real property holdings of the City Councilmembers do not create 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 decisionmaker 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 award of this contract with Courtesy Chevrolet will provide the fire department with several new utility
trucks in support of the fire department's continued work in the training division, ALS program and
responses on mutual aid fire assignments. The purchase and use of these new utility trucks will improve
operational flexibility, depth and safety in pursuit of strong and secure neighborhoods within the City.
CURRENT-YEAR FISCAL IMPACT
In fiscal 19/20, the total $397,021 funds required for the purchase agreement will be charged
proportionately to the different funds as detailed below:
• Measure P-Fire Vehicles #220350 $132,818
• Vehicle Replacement Fund #394711 $213,195
• ALS Fund #234360 $51,008
ONGOING FISCAL IMPACT
Future year fiscal impacts will vary for vehicle maintenance and fuel costs. These expected expenses are
already included in future fiscal years as part the Fire Department's general fund and advance life support
funds. Revenue from mutual aid wildland fire responses is projected to cover any maintenance and fuel
expenses for the five mutual aid utility trucks.
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ATTACHMENTS
N"H"S
None
Staff Contact:Jeff Peter and Victor DeLaCruz
F1 age 13
2019-11-05 Agenda Packet Page 77 of 131
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE PURCHASE OF NINE
UTILITY TRUCKS FROM COURTESY CHEVROLET
WHEREAS, the Fire Department's approved Measure P Expenditure Plan includes the
replacement of three existing utility trucks; and
WHEREAS, the Fire Department's Emergency Services Division requires replacement of
an existing utility truck; and
WHEREAS, the Fire Department participates in California's Master Mutual Aid System;
and
WHEREAS, the Fire Department requires the purchase of five utility trucks to support
mutual aid responses; and
WHEREAS, Chula Vista Municipal Code section 2.56.080 authorizes the City to
purchase equipment exceeding $100,000 pursuant to a competitive bid and award process; and
WHEREAS, on March 14, 2019, the Finance Department solicited competitive bids for
the purchase of nine utility trucks; and
WHEREAS, on April 8, 2019, the Finance Department received four responsive bids;
and
WHEREAS, after compilation and review of the responsive bids, the Finance Department
determined that Courtesy Chevrolet was the lowest responsive and responsible bidder submitting
the best bid in all respects; and
WHEREAS, the staff recommends that the City Council approve the purchase of nine
utility trucks from Courtesy Chevrolet in an amount not-to-exceed $397,021; and
WHEREAS, a portion of the total funds required for execution of the agreement are
allocated in the Fire Department's Measure P Expenditure Plan for fiscal year 19/20; the
Advanced Life Support Fund for fiscal 19/20; and the Fire Department's Vehicle Replacement
Fund for fiscal year 19/20.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it approves the purchase of nine utility trucks from Courtesy Chevrolet in an amount not-to-
exceed $397,021.
Presented by Approved as to form by
2019-11-05 Agenda Packet Page 78 of 131
Jim Geering Glen R. Googins
Fire Chief City Attorney
2019-11-05 Agenda Packet Page 79 of 131
ITEM #4
ATTACHMENTS FOR THIS ITEM WILL BE
UPLOADED WHEN AVAILABLE
2019-11-05 Agenda Packet Page 80 of 131
�wm
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CITY COUNCIL
AGENDA STATEMENT
- CITY OF
CHULA VISTA
November 5,2019 File ID: 19-0481
TITLE
A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTIONS
19.58.022 (ACCESSORY DWELLING UNITS)AND 19.58.023 (JUNIOR ACCESSORY DWELLING UNITS) TO
REMOVE THE OWNER OCCUPANCY REQUIREMENT (FIRST READING)
B. ORDINANCE OF THE CITY OF CHULA VISTA IMPLEMENTING THE DEVELOPMENT IMPACT FEE
RELATED PROVISIONS OF SENATE BILL 13 (ACCESSORY DWELLING UNITS) (FIRST READING)
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING COUNCIL POLICY 478-
01 (PARTICIPATION BY PRIVATE DEVELOPERS IN THE FINANCING AND/OR INSTALLATION OF
TRAFFIC SIGNALS)AND CHAPTER 16 (DEVELOPMENT AND IN-LIEU FEES) OF THE CITY'S MASTER FEE
SCHEDULE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS
RECOMMENDED AcTiON
Council place the ordinances on first reading and adopt the resolution.
SUMMARY
The State of California has enacted several laws designed to reduce barriers to the development of affordable
housing, specifically, Accessory Dwelling Units (ADUs). On October 1, 2019, staff made a report to the City
Council regarding ADUs, and recommended adoption of an ordinance eliminating the owner-occupancy
requirement for ADUs and Junior Accessory Dwelling Units (JADUs). Council requested that such action be
deferred to the meeting of October 22, 2019,to allow additional time for legislative action at the state level.
ENVIRONMENTAL,REVIEW
The proposed activity has been reviewed for compliance with the California Environmental Quality Act
(CEQA) and it has been determined that the activity is not a"Project"as defined under Section 15378 of the
State CEQA Guidelines because it will not result in a physical change in the environment;therefore,pursuant
to Section 15060(c)(3)of the State CEQA Guidelines,the activity is not subject to CEQA. Notwithstanding the
foregoing, it has also been determined that the activity qualifies for an Exemption pursuant to Section
15061(b)(3) of the California Environmental Quality Act State Guidelines.Thus, no environmental review is
required.
Wr . 0 0 1 F» ac 1 1
2019-11-05 Agenda Packet Page 81 of 131
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
At the March 12, 2019 City Council meeting, the Council approved a referral directing staff to examine
building fees for ADUs. In response to this referral,a report on ADUs was made to the City Council on October
1, 2019. At that time, staff recommended eliminating the owner-occupancy requirement for ADUs and
JADUs. As of the October I meeting, Senate Bill 13 (SB 13) had been approved by both the Assembly and the
Senate and was awaiting final action by the Governor. At the October 1 Council Meeting,the Council directed
staff to continue action on the owner-occupancy requirement to the Council meeting of October 22, 2019 to
allow sufficient time for final action by the state on SB 13. The Governor signed SB 13 on October 9, 2019.
Senate Bill 13 includes the following key provisions (not an exhaustive list):
• Allows ADUs/JADUs to be either attached to, or located within, an attached garage, storage area, or
other structure;
• Prohibits replacement parking requirements when a garage,carport,or covered parking structure is
demolished to construct an ADU or converted into an ADU;
• Amends the existing prohibition on parking standards for ADUs located within 1/2 mile of public
transit to apply to units located within 1/2 mile walking distance of public transit;
• Prohibits local agencies from establishing a minimum square footage requirement for ADUs/JADUs
that prohibits an efficiency unit;
• Prohibits local agencies from establishing a maximum square footage requirement of less than 850
square feet,or 1,000 square feet if the ADU/JADU contains more than one bedroom;
• Prohibits local agencies from establishing any other minimum or maximum size requirements that
would prohibit at least an 800 square footADU/JADU,that is at least 16 feet in height with 4-foot side
and rear yard setbacks.
• Prohibits local agencies from requiring fire sprinklers if they are not required for the primary
residence;
• Prohibits local agencies from imposing owner occupancy requirements until January 1, 2025;
• Reduces the time for local agencies to consider and approve an application for an ADU/JADU,
ministerially and without discretionary review,from 120 days to 60 days from receiving a completed
application;
• Removes the existing requirement to determine development impact fees in accordance with the
Mitigation Fee Act;
• Prohibits local agencies from imposing any development impact fees on ADUs less than 750 square
feet in size;
• Limits the development impact fees that can be charged on ADU's 750 square feet or larger to be
proportional to the fees that would otherwise be charged for a new single-family dwelling on the
same lot, on a square footage basis;
• Revises the basis for calculating connection fees and capacity charges for ADUs;
• Authorizes the Department of Housing and Community Development to submit written findings to
each local agency as to compliance of the local ordinance with State law, possibly culminating in
referrals to the Attorney General of local agencies in violation of State law;
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2019-11-05 Agenda Packet Page 82 of 131
• Allows local agencies to count ADUs in identifying adequate sites for housing in General Plan Housing
Elements;
• Authorizes owners of ADUs built before January 1, 2020 (or built on or after January 1, 2020,under
specified circumstances)that receive a notice to correct violations or abate a nuisance to request that
enforcement action be delayed for five(5)years,if correcting the violation is not necessary to protect
health and safety,as determined by the enforcement agency.
Recommended Actions
Owner Occupancy
At this time,staff recommends adopting Ordinance A,modifying Chula Vista Municipal Code(CVMC)Sections
19.58.022 (ADUs)and 19.58.023 (JADUs)by removing the owner-occupancy requirement. Staff will proceed
with releasing all owner-occupancy deed restrictions that have been required by the City as part of the
ADU/JADU development process to date,at no cost to the property owners.
Development Impact Fees
With the adoption of SB 13,the City is no longer required under the Mitigation Fee Act to assess impact fees
on all ADUs/JADUs. For those units smaller than 750 square feet(SF),no impact fees will be assessed. This
includes all JADUs,as these units are limited to 500 square feet pursuant to CVMC 19.58.023(A). For ADUs
750 SF or larger, the maximum impact fees to be charged will be calculated on a square footage basis,
proportional to the impact fees that would be charged for the primary structure on the lot. The effect of this
limit will vary depending on the size of the primary structure and the size of the ADU, as illustrated in the
table below.
Table 5-Effect of Impact Fee Cap
Single-Family DU Fees $ 33,410 51,323
Single-Family DU SF 2,500 2,500
Fee per SF (Cap) $ 13.36 $ 20.53
Scenario 1 -1,000 SFADU
ADU SF 1,000 1,000
ADU Impact Fee Cap $ 13,364 $ 20,529
City Calculated ADU Fees $ 12,736 $ 18,875
Fees Due $ 12,736 $ 18,875
Scenario 2 -800 SFADU
ADU SF 800 800
ADU Impact Fee Cap $ 10,691 $ 16,423
City Calculated ADU Fees $ 12,736 $ 18,875
Fees Due $ 10,691 $ 16,423
At its October 22, 2019 meeting,the City Council placed an ordinance on first reading implementing SB 13 in
the context of the City's Public Facilities Development Impact Fee (PFDIF) program (Chapter 3.50 of the
CVMC). In order to fully implement the new impact fee exemptions and calculations for ADUs and JADUs,
staff recommends adopting Ordinance B, an omnibus ordinance amending all remaining City development
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2019-11-05 Agenda Packet Page 83 of 131
impact fee ordinances and Resolution C,amending the Council Policy establishing the Traffic Signal Fee and
the City's Master Fee Schedule.
Next Steps
Staff administratively halted all new impact fee assessments as of the enactment of SB 13. Contact is being
made to advise applicants of the change in law and how it will impact their individual projects. For those
projects that are currently in payment plan status,or have paid in full,staff is requesting Council direction as
to what impact fees,if any, should be refunded.
In the coming months, staff will bring an ordinance implementing the remaining provisions of SB 13 to the
Planning Commission and the City Council for consideration.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and
consequently, the real property holdings of the City Council members do not create a disqualifying real
property-related financial conflict of interest under the Political Reform Act(Cal.Gov't Code§87100,etseq.).
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.
CURRENT-YEAR FISCAL IMPACT
Approving an ordinance removing the owner-occupancy requirement for ADUs and JADUs has limited fiscal
impacts. The General Fund will incur the cost of releasing all associated deed restrictions recorded to date.
No fund appropriations for this purpose are requested.
Implementing SB 13's impact fee exemptions and reductions for ADUs and JADUs will result in reduced
development impact fee revenues. No impacts to capital project timing or the ability to pay debt service by
any impact fee program are anticipated to result from this action.
ONGOING FISCAL IMPACT
Implementing SB 13's impact fee exemptions and reductions for ADUs and JADUs will result in reduced
development impact fee revenues. No impacts to capital project timing or the ability to pay debt service by
any impact fee program are anticipated to result from this action.
ATTACHMENTS
None.
Staff Contact: Tiffany Allen,Development Services Department
F�lage 14
2019-11-05 Agenda Packet Page 84 of 131
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE SECTIONS 19.58.022
(ACCESSORY DWELLING UNITS) AND 19.58.023 (JUNIOR
ACCESSORY DWELLING UNITS) TO REMOVE THE OWNER
OCCUPANCY REQUIREMENT
WHEREAS, the State of California, in order to reduce barriers and create opportunities for
residential property owners to build accessory dwelling units as affordable housing stock, enacted
Senate Bill 13 (Accessory Dwelling Units), on October 9, 2019; and
WHEREAS, Senate Bill 13 prohibits local jurisdictions from requiring a property owner
to live on the property that contains an accessory dwelling unit; and
WHEREAS, Chula Vista Municipal Code Sections 19.58.022 (Accessory Dwelling Units)
and 19.58.023 (Junior Accessory Dwelling Units) include owner occupancy requirements which
must now be removed; and
WHEREAS, the proposed activity has been reviewed for compliance with the California
Environmental Quality Act (CEQA) and it has been determined that the activity is not a"Project"
as defined under Section 15378 of the State CEQA Guidelines because it will not result in a
physical change in the environment; therefore,pursuant to Section 15060(c)(3)of the State CEQA
Guidelines, the activity is not subject to CEQA. Notwithstanding the foregoing, it has also been
determined that the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the
California Environmental Quality Act State Guidelines. Thus, no environmental review is
required.
NOW THEREFORE the City Council of the City of Chula Vista does hereby ordain as
follows:
Section L Substantive Action
Section 19.58.022(C)(12) of the Chula Vista Municipal Code is amended as follows:
12. Occupancy Requirement. The property owner(s) shall not be required to reside on the lot on
which the accessory dwelling unit is located or constructed.
Section 19.58.022(C)(13) of the Chula Vista Municipal Code is deleted in full.
Section 19.58.022(C)(14) of the Chula Vista Municipal Code is renumbered as 19.58.022(C)(13).
Section 19.58.022(C)(15) of the Chula Vista Municipal Code is renumbered as 19.58.022(C)(I4).
Section 19.58.023(B)(2) of the Chula Vista Municipal Code is amended as follows:
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2. Owner-occupancy is not required in the single-family residence in which the junior accessory
dwelling unit will be permitted.
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance,is for any
reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction,
that portion shall be deemed severable, and such invalidity,unenforceability or unconstitutionality
shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its
application to any other person or circumstance. The City Council of the City of Chula Vista
hereby declares that it would have adopted each section, sentence, clause or phrase of this
Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or
phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
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
Development Services Director City Attorney
2019-11-05 Agenda Packet Page 86 of 131
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA
IMPLEMENTING THE DEVELOPMENT IMPACT FEE
RELATED PROVISIONS OF SENATE BILL 13 (ACCESSORY
DWELLING UNITS)
WHEREAS, the City of Chula Vista (the "City") requires the payment of various
development impact fees to mitigate the impacts of new development on public facilities; and
WHEREAS, Senate Bill 13 (Accessory Dwelling Units) was signed into law on October
9, 2019; and
WHEREAS, Senate Bill 13 prohibits the collection of development impact fees from
Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) smaller than
750 square feet in size; and
WHEREAS, Senate Bill 13 requires development impact fees collected from ADUs and
JADUs of 750 square feet or larger be proportional to the primary residence on a square footage
basis; and
WHEREAS, pursuant to Chula Vista Municipal Code (CVMC) Section 19.58.023(A),
JADUs may not exceed 500 square feet in size; and
WHEREAS, the City Council did previously place an ordinance implementing the
development impact fee related provisions of Senate Bill 13, with respect to the City's Public
Facilities Development Impact Fee Program, CVMC Chapter 3.50 on first reading; and
WHEREAS, the City Council desires to implement the development impact fee related
provisions of Senate Bill 13, with respect to the City's remaining development impact fee
programs; and
WHEREAS, Chapter 3.54 of the CVMC establishes Transportation Development Impact
Fees for the Eastern, Western, and Bayfront territories of the City; and
WHEREAS, on December 6, 1994, pursuant to Ordinance No. 2617, the City Council
established the Salt Creek Sewer Basin Development Impact Fee; and
WHEREAS, on December 9, 1997, pursuant to Ordinance No. 2716, the City Council
established the Poggi Canyon Sewer Basin Development Impact Fee; and
WHEREAS, on January 5, 1999, pursuant to Ordinance No. 2767, the City Council
established the Otay Ranch Village I and 5 Pedestrian Bridge Development Impact Fee; and
C:\Users\lcgistar\AppData\[,ocal\,remp\BCI,'I'echnologies\easyPI)F 8\(&BCI,(o F40C CAI)I\(0 BC L(6�I`40CCA 1)J.docx
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WHEREAS, on January 7, 2003, pursuant to Ordinance No. 2892, the City Council
amended the Otay Ranch Village 1 and 5 Pedestrian Bridge Development Impact Fee to include
Village 6; and
WHEREAS, on February 20, 2007, pursuant to Ordinance No. 3064, the City Council
amended the Otay Ranch Village 1, 5,and 6 Pedestrian Bridge Development Impact Fee to include
Village 2; and
WHEREAS, on February 1.8, 2003, pursuant to Ordinance No. 2898, the City Council
established the Pedestrian Bridge Development Impact Fee for Otay Ranch Village 11; and
WHEREAS, on August 13, 2013, pursuant to Ordinance No. 3273, the City Council
established the Pedestrian Bridge Development Impact Fee Program for the Eastern Urban Center;
and
WHEREAS, the proposed activity has been reviewed for compliance with the California
Environmental Quality Act(CEQA) and it has been determined that the activity is not a "Project"
as defined under Section 15378 of the State CEQA Guidelines because it will not result in a
physical change in the environment; therefore,pursuant to Section 15060(c)(3)of the State CEQA
Guidelines, the activity is not subject to CEQA. Notwithstanding the foregoing, it has also been
determined that the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the
California Environmental Quality Act State Guidelines. Thus, no environmental review is
required.
NOW THEREFORE the City Council of the City of Chula Vista does hereby ordain as
follows:
Section I.
Chapter 3.54 of the Chula Vista Municipal Code relating to transportation development
impact fees is amended as follows:
3.54.020 Definitions
For the purposes of this chapter, the following words or phrases shall be construed as
defined in this section, unless from the context it appears that a different meaning is
intended:
A. "Accessory Dwelling Unit" means an Accessory Dwelling Unit as defined in CVMC
19.58.022.
B. `Bayfront Area" generally means that area of the City of Chula Vista generally west of
Interstate 5 and between E Street and Naples Street as shown on the map entitled "Exhibit
1" of the Council agenda statement for the ordinance codified in this chapter, on file in the
office of the City Clerk.
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C. "BFDIF" means the Bayfront Transportation Development Impact Fee.
D. `Building Permit" means a permit required by and issued pursuant to the Uniform
Building Code, as adopted by reference by this City.
E. "Developer"means the owner or Developer of a Development Project.
F. "Development Permit" means any discretionary permit, entitlement or approval for a
Development Project issued under any zoning or subdivision ordinance of the City.
G. "Development Project" or "Development" means any activity described as the
following:
1. Any new residential dwelling unit, including any Accessory Dwelling Unit,
developed on vacant land;
2. Any new residential dwelling unit, including any Accessory Dwelling Unit,
developed on nonvacant land, if the result is a net increase in demand for service.
The fees shall be based solely on the net increase in service demand;
3. Any physical conversion of an existing residential structure to create an
Accessory Dwelling Unit, for which a Building Permit has been issued after
September 25, 2018;
4. Any new nonresidential Development constructed on vacant land;
5. Any expansion or intensification of nonresidential Developments on nonvacant
land, if the result is a net increase in demand for service. The fees shall be based
solely on the net increase in service demand.
H. "Eastern Area" generally means that area of the City of Chula Vista located between
Interstate 805 on the west,the City sphere of influence boundary on the east and northeast,
the City boundary on the north and the City's southern boundary on the south as shown on
the map entitled"Exhibit 1" of the Council agenda statement for the ordinance codified in
this chapter, on file in the office of the City Clerk.
L `Engineer's Reports" mean the "Interim Eastern Area Development Impact Fee for
Streets" study prepared by George T. Simpson and Willdan Associates dated November
1987; the "Eastern Area Development Fee for Streets" study prepared by Willdan
Associates dated November 19, 1990; the"Eastern Development Impact Fee for Streets—
1993 Revision" study prepared by City staff dated July 13, 1993; the study prepared by
Project Design Consultants ("Eastern Area Development Impact Fees for Streets, 1999
Update") dated October 25, 1999; the study prepared by Willdan (`Eastern Area
Development Impact Fees for Streets" dated July 2002); the study prepared by City staff
(`Eastern Area Transportation Development Impact Fees" dated March 2005); and the
study prepared by City staff("Eastern Area Development Impact Fees" dated September
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2014),which are on file in the office of the City Clerk. "Engineer's Reports" also mean the
Engineer's Report for the Western Transportation Development Impact Fee prepared by
City staff, dated February 2008; and the"Western Transportation Development Impact Fee
Nexus Study Update"dated October 2014, and the"Bayfront Transportation Development
Impact Fee Nexus Study" dated October 2014, both prepared by City staff and on file in
the office of the City Clerk.
J. "ETDIF"means the Eastern Transportation Development Impact Fee.
K. "Fees" means the Transportation Development Impact Fees established pursuant to
CVMC 3.54.050 and assessed in accordance with the Mitigation Fee Act (Government
Code Sections 66000 through 66025), as described in relevant Engineer's Reports on all
Development Projects located within the Eastern Area,the Western Area, and the Bayfront
Area.
L. "Fee Credit"means credits that Developers may receive for costs they incur designing
and constructing the Transportation Facilities in accordance with CVMC 3.54.150.
M. "Junior Accessory Dwelling Unit"means a Junior Accessory Dwelling Unit as defined
in CVMC 19.58.023.
N. "Nonprofit Community Purpose Facility"means a facility that is not operated for profit
and that serves one of the following purposes:
1. Social and human service activities, including such services as Boy Scouts and
Girl Scouts, Boys and Girls Club, Alcoholics Anonymous and services for the
homeless;
2. Public schools (primary and secondary only);
3. Private schools (primary and secondary only);
4. Day care;
5. Senior care and recreation;
6. Worship, spiritual growth, and development.
O. "Published traffic generation rates"means rates used to calculate traffic generation that
are prepared and disseminated by local agencies, regional entities (such as Metropolitan
Planning Organizations), and professional societies with expertise in the development of
traffic generation rates.
P. "TDIF" means Transportation Development Impact Fee.
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Q. "Transportation Facility" means the project or portion of a project which involves the
specified improvements authorized by CVMC 3.54.030.
R. "Western Area" generally means that area of the City of Chula Vista located between
Interstate 5 on the west, Interstate 805 on the east, the City boundary on the north and the
City boundary on the south, also including the area to the north of E Street, south of Naples
Street and to the west of Interstate 5, as shown on the map entitled "Exhibit I" of the
Council agenda statement for the ordinance codified in this chapter, on file in the office of
the City Clerk.
S. "WTDIF" means Western Transportation Development Impact Fee. (Ord. 3440 § 1,
2018).
3.54.060 Determination of fees by land use category.
The Fees shall be determined based on the average daily traffic generation of the
Development Project. The City Manager or designee shall calculate the traffic generation
of the Development Project using published traffic generation rates, traffic generation
studies, traffic count data, traffic impact studies, other relevant data and analysis, and/or
engineering judgment.
For purposes of the Fees, single-family dwelling units shall include single-family detached
homes and detached condominiums; multifamily dwelling units shall include attached
condominiums, townhouses, duplexes, triplexes and apartments. Accessory Dwelling
Units 750 square feet or larger shall be charged proportionately in relation to the square
footage of the primary dwelling unit on the lot. The traffic generation for all other
residential land uses shall be calculated based on the number of dwelling units proposed in
the Development Project.
The traffic generation for nonresidential land uses shall be calculated using various
measures of Development intensity as described in published traffic generation rates. For
these uses,rates based on the square footage of the Development Project will in most cases
be selected over rates based on gross acreage, as determined by the City Manager or
designee. As it applies to nonresidential land uses, gross acreage means all land area that
the City Manager's designee deems necessary within the boundary of the parcel or parcels
of the Development Project for which Building Permits are being requested.
In the ETDIF, the traffic generation rates for commercial retail land uses shall be reduced
by 72 percent to recognize the capture of locally generated residential traffic as documented
in "Eastern Area Transportation Development Impact Fees" Engineer's Report, dated
March 2005. (Ord. 3440 § 1, 2018).
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3.54.100 Development projects exempt from the fees.
A. Development Projects by public agencies shall be exempt from the provisions of
the Fees if those projects are designed to provide the public service for which the agency
is charged ("Public Purpose").
B. Nonprofit Community Purpose Facilities are also exempt inasmuch as these
institutions provide benefit to the community as a whole, including all land use categories
which are the subject matter of the Fees. The City Council hereby determines that it is
appropriate to spread any impact such Nonprofit Community Purpose Facilities might have
to the other land use categories subject to the Fees. In the event that a court determines that
the exemption herein extended to Nonprofit Community Purpose Facilities shall for any
reason be invalid, the City Council hereby allocates the Nonprofit Community Purpose
Facilities' fair share to the City of Chula Vista and not to any of the land use categories
which are the subject matter of the Development impact land use categories.
C. Development Projects that are additions or expansions to existing dwelling units or
additions, expansions, or changes of use to businesses shall be exempt if the addition,
expansion or change of use does not result in a net increase in dwelling units or
nonresidential intensity. The Fees shall be assessed on any net additional dwelling units or
nonresidential intensity. Any net reduction in dwelling units or nonresidential intensity
shall not be entitled to a refund, but the property retains credit based on the former number
of dwelling units or nonresidential intensity.
D. Junior Accessory Dwelling Units and Accessory Dwelling Units smaller than 750
square feet are exempt from the provisions of the Fee,pursuant to California Government
Code Section 65852.2(f)(3)(A).
Section II.
Ordinance 2617 (Salt Creek Sewer Basin Development Impact Fee)is amended as follows:
Section 8 (Determination of Equivalent Dwelling Units)
Each single family detached dwelling or single family attached dwelling shall be
considered one EDU for purposes of this Fee. Each unit within a multifamily dwelling
shall be considered 0.75 EDU. Pursuant to California Government Code Section
65852.2(f)(3)(A), Junior Accessory Dwelling Units and Accessory Dwelling Units of less
than 750 square feet shall be exempt. Accessory Dwelling Units 750 square feet or larger
shall be charged proportionately to the primary residence on a square footage basis. Every
other commercial, industrial, non-profit, public or quasi-public, or other usage shall be
charged at a rate calculated in accordance with the method for estimating EDUs set forth
in Exhibit "B", EDU Conversion Factors for Financial Analysis, and is included as Table
6 in the Report.
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Section 23 (Other Not Previously Defined Terms)
For the purposes of this ordinance, the following words or phrases shall be
construed as defined in this Section, unless from the context it appears that a different
meaning is intended.
(a) "Accessory Dwelling Unit" means an Accessory Dwelling Unit as defined
in Chula Vista Municipal Code Section 19.58.022.
(b) `Building Permit" means a permit required by and issued pursuant to the
Uniform Building Code as adopted by reference by this City.
(c) "Developer"means the owner or developer of a development.
(d) "Development Permit" means any discretionary permit, entitlement or
approval for a development project issued under any zoning or subdivision
ordinance of the City.
(e) "Development Project" or "Development" means any activity described in
Section 65927 and 65928 of the State Government Code.
(f) "Junior Accessory Dwelling Unit"means a Junior Accessory Dwelling Unit
as defined in Chula Vista Municipal Code Section 19.58.023.
(g) "Single Family Attached Dwelling" means a single family dwelling
attached to another single family dwelling, with each dwelling on its own
lot.
Section III.
Ordinance 2716 (Poggi Canyon Sewer Basin Development Impact Fee) is amended as
follows:
Section 8 (Determination of Equivalent Dwelling Units)
Each single family detached dwelling or single family attached dwelling shall be
considered one EDU for purposes of this Impact Fee. Each unit within a multi-family
dwelling shall be considered 0.75 EDU. Pursuant to California Government Code Section
65852.2(f)(3)(A), Junior Accessory Dwelling Units and Accessory Dwelling Units of less
than 750 square feet shall be exempt. Accessory Dwelling Units 750 square feet or larger
shall be charged proportionately to the primary residence on a square footage basis. Every
other commercial, industrial, non-profit, public or quasi-public, or other usage shall be
charged at a rate calculated in accordance with the method for estimating EDUs set forth
in Exhibit "B", Sewer Benefit Area Fees Based on Land Use Categories.
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Section 23 (Other Not Previously Defined Terms).
For the purposes of this ordinance, the following words or phrases shall be construed as
defined in this Section, unless from the context it appears that a different meaning is
intended.
(a) "Accessory Dwelling Unit" means an Accessory Dwelling Unit as defined
in Chula Vista Municipal Code Section 19.58.022.
(b) "Building Permit" means a permit required by and issued pursuant to the
Uniform Building Code as adopted by reference by this City.
(c) "Developer"means the owner or developer of a development.
(d) "Development Permit" means any discretionary permit, entitlement or
approval for a development project issued under any zoning or subdivision
ordinance of the City.
(e) "Development Project" or "Development" means any activity described in
Section 66000 of the State Government Code.
(f) "Junior Accessory Dwelling Unit"means a Junior Accessory Dwelling Unit
as defined in Chula Vista Municipal Code Section 19.58.023.
(g) "Single Family Attached Dwelling" means a single family dwelling
attached to another single family dwelling, with each dwelling on its own
lot.
Section IV.
Ordinance 3064 (Pedestrian Bridge Development Impact Fee for Otay Ranch Villages 1,
5, 6, and 2) is amended as follows:
Section 8 (Determination of Equivalent Dwelling Units)
Residential land uses shall be converted to Equivalent Dwelling Units for the
purpose of this fee based on the following table:
Fee by Land Use
Land Use People per Household EDUs
Single Family ("SFD") 3.52 1
Multi-Family ("MF") 2.61 0.74
"Single Family" shall mean a residential unit within a subdivision,planning area or
neighborhood with a net density of 8 units per acre or less as shown on the approved
tentative map for said subdivision, planning area or neighborhood.
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"Multi-Family" shall mean a residential unit within a subdivision,planning area or
neighborhood with a net density of greater than 8 units per acre or any residential unit
within a mixed-use project as shown on the approved tentative map for said subdivision,
planning area or neighborhood.
Pursuant to California Government Code Section 65852.2(f)(3)(A), Junior
Accessory Dwelling Units and Accessory Dwelling Units of less than 750 square feet shall
be exempt. Accessory Dwelling Units 750 square feet or larger shall be charged
proportionately to the primary residence on a square footage basis.
Section 23 (Other Not Previously Defined Terms)
For the purposes of this ordinance, the following words or phrases shall be
construed as defined in this Section, unless from the context it appears that a different
meaning is intended.
(a) "Accessory Dwelling Unit" means an Accessory Dwelling Unit as defined
in Chula Vista Municipal Code Section 19.58.022.
(b) "Building Permit" means a permit required by and issued pursuant to the
Uniform Building Code as adopted by reference by this City.
(c) "Developer"means the owner or developer of a development.
(d) "Development Permit" means any discretionary permit, entitlement or
approval for a development project issued under any zoning or subdivision
ordinance of the City.
(e) "Development Project" or "Development" means any activity described in
Section 66000 of the State Government Code.
(f) "Junior Accessory Dwelling Unit"means a Junior Accessory Dwelling Unit
as defined in Chula Vista Municipal Code Section 19.58.023.
(g) "Single Family Attached Dwelling" means a single family dwelling
attached to another single family dwelling, with each dwelling on its own
lot.
Section V.
Ordinance 2898 (Pedestrian Bridge Development Impact Fee for Otay Ranch Village 11)
is amended as follows:
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Section 8 (Determination of Equivalent Dwelling Units)
Residential land uses shall be converted to Equivalent Dwelling Units for the
purpose of this fee based on the following table:
Fee by Land Use
Land Use People per Household EDUs
Single Family ("SFD") 3.52 1
Multi-Family ("MF") 2.61 0.74
"Single Family" shall mean a residential unit within a subdivision,planning area or
neighborhood with a net density of 8 units per acre or less as shown on the approved
tentative map for said subdivision, planning area or neighborhood.
"Multi-Family" shall mean a residential unit within a subdivision,planning area or
neighborhood with a net density of greater than 8 units per acre as shown on the approved
tentative map for said subdivision,planning area or neighborhood.
Pursuant to California Government Code Section 65852.2(f)(3)(A), Junior
Accessory Dwelling Units and Accessory Dwelling Units of less than 750 square feet shall
be exempt. Accessory Dwelling Units 750 square feet or larger shall be charged
proportionately to the primary residence on a square footage basis.
Section 23 (Other Not Previously Defined Terms)
For the purposes of this ordinance, the following words or phrases shall be
construed as defined in this Section, unless from the context it appears that a different
meaning is intended.
(a) "Accessory Dwelling Unit" means an Accessory Dwelling Unit as defined
in Chula Vista Municipal Code Section 19.58.022.
(b) `Building Permit" means a permit required by and issued pursuant to the
Uniform Building Code as adopted by reference by this City.
(c) "Developer"means the owner or developer of a development.
(d) "Development Permit" means any discretionary permit, entitlement or
approval for a development project issued under any zoning or subdivision
ordinance of the City.
(e) "Development Project" or "Development" means any activity described in
Section 66000 of the State Government Code.
(f) "Junior Accessory Dwelling Unit"means a Junior Accessory Dwelling Unit
as defined in Chula Vista Municipal Code Section 19.58.023.
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(g) "Single Family Attached Dwelling" means a single family dwelling
attached to another single family dwelling, with each dwelling on its own
lot.
Section VI.
Ordinance 3273 (Pedestrian Bridge Development Impact Fee for the Eastern Urban Center)
is amended as follows:
Section 8 (Determination of Equivalent Dwelling Units)
Residential land uses shall be converted to Equivalent Dwelling Units for the
purpose of this fee based on the following table:
People per Equivalent Dwelling
Land Use Household Units (EDUs
Single Family ("SFD") * 3.52 1
Multi-Family ("MF") ** 2.61 0.74
*"Single-Family Dwelling" shall mean a residential unit within a subdivision,
planning area, or neighborhood with a net density of 8 units per acre or less as shown on
the approved tentative map for said subdivision.
**"Multi-Family Dwelling" shall mean a residential unit within a subdivision,
planning area or neighborhood with a net density of 8 units per acre as shown on the
approved tentative map for said subdivision.
Pursuant to California Government Code Section 65852.2(f)(3)(A), Junior
Accessory Dwelling Units and Accessory Dwelling Units of less than 750 square feet shall
be exempt. ADUs of 750 square feet or larger shall be charged proportionately to the
primary residence on a square footage basis.
Section 23 (Other Not Previously Defined Terms)
For the purposes of this ordinance, the following words or phrases shall be
construed as defined in this Section, unless from the context it appears that a different
meaning is intended.
(a) "Accessory Dwelling Unit" means an Accessory Dwelling Unit as defined
in Chula Vista Municipal Code Section 19.58.022.
(b) "Building Permit" means a permit required by and issued pursuant to the
Uniform Building Code as adopted by reference by this City.
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(c) "Developer"or"Owner"means the owner of Property, which is the subject
of this Agreement, anyone authorized to act on behalf of the owner of the
Property, and any and all of owner's successors in interest, whether
individual,partnership,corporation,or other entity such as a Home Owners'
Association, regardless of the manner of transfer, including purchase,
devise, or gift.
(d) "Development Project" or "Development" means any activity described in
Section 66000 of the State Government Code.
(e) "Junior Accessory Dwelling Unit"means a Junior Accessory Dwelling Unit
as defined in Chula Vista Municipal Code Section 19.58.023.
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance,is for any
reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction,
that portion shall be deemed severable, and such invalidity,unenforceability or unconstitutionality
shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its
application to any other person or circumstance. The City Council of the City of Chula Vista
hereby declares that it would have adopted each section, sentence, clause or phrase of this
Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or
phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
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 Development Services City Attorney
2019-11-05 Agenda Packet Page 98 of 131
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING COUNCIL POLICY 478-01
(PARTICIPATION BY PRIVATE DEVELOPERS IN THE
FINANCING AND/OR INSTALLATION OF TRAFFIC
SIGNALS)AND CHAPTER 16(DEVELOPMENT AND IN-LIEU
FEES) OF THE CITY'S MASTER FEE SCHEDULE RELATING
TO ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING UNITS
WHEREAS, on August 1.8, 1978,. the City Council adopted Council Policy 478-01 via
Resolution No. 9221, establishing the Traffic Signal Fee to regulate the equitable contribution by
private developers of residential, commercial and industrial uses in the financing and/or
installation of traffic signals on public streets within the City; and
WHEREAS, Senate Bill 13 (Accessory Dwelling Units) was signed into law on October
9, 2019; and
WHEREAS, Senate Bill 13 prohibits the collection of development impact fees from
Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) smaller than
750 square feet in size; and
WHEREAS, Senate Bill 13 requires development impact fees collected from ADUs and
JADUs of 750 square feet or larger be proportional to the primary residence on a square footage
basis; and
WHEREAS, pursuant to Chula Vista Municipal Code (CVMC) Section 19.58.023(A),
JADUs may not exceed 500 square feet in size; and
WHEREAS, the City Council did previously place an ordinance implementing the
development impact fee related provisions of Senate Bill 13, with respect to the City's Public
Facilities Development Impact Fee Program, CVMC Chapter 3.50 on first reading; and
WHEREAS, the City Council will consider an ordinance in conjunction with this agenda
item implementing the development impact fee related provisions of Senate Bill 13, with respect
to the City's remaining development impact fee programs adopted by ordinance; and
WHEREAS, the City Council desires to implement the development impact fee related
provisions of Senate Bill 13, with respect to the Traffic Signal Fee program, as shown in Exhibit
1, attached hereto and incorporated by reference as if set forth in full; and
WHEREAS, Chapter 16 (Development and In-Lieu Fees) of the City's Master Fee
Schedule provides a consolidated listing of all of the City's development impact and in-lieu fee
schedules, for ease of reference; and
2019-11-05 Agenda Packet Page 99 of 131
WHEREAS, amendments to Chapter 16 to clarify the applicability of development impact
and in-lieu fees to Accessory Dwelling Units and Junior Accessory Dwelling Units are
recommended, as shown in Exhibit 2, attached hereto and incorporated by reference as if set forth
in full; and
WHEREAS, the proposed activity has been reviewed for compliance with the California
Environmental Quality Act (CEQA) and it has been determined that the activity is not a"Project"
as defined under Section 15378 of the State CEQA Guidelines because it will not result in a
physical change in the environment; therefore,pursuant to Section 15060(c)(3)of the State CEQA
Guidelines, the activity is not subject to CEQA. Notwithstanding the foregoing, it has also been
determined that the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the
California Environmental Quality Act State Guidelines. Thus, no environmental review is
required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it does hereby amend Council Policy 478-01 (Participation by Private Developers in the
Financing and/or Installation of Traffic Signals), as set forth in Exhibit 1 to this Resolution.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista,that it does
hereby amend Chapter 16 (Development and Ian-Lieu Fees) of the City's Master Fee Schedule as
set forth in Exhibit 2 to this Resolution.
Presented by Approved as to form by
Kelly G. Broughton, FASLA Glen R. Googins
Director of Development Services City Attorney
2019-11-05 Agenda Packet Page 100 of 131
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Participation by Private Developers in the POLICY EFFECTIVE
Financing and/or Installation of Traffic NUMBER DATE PAGE
Signals 478-01 1 OF 4
ADOPTED BY: Resolution No. 9221 DATED: 08/08/78
AMENDED BY: Resolution No. 2001-385 (11/13/01); Resolution No. 2007-231 (09/18/07);
Resolution No. 2014-025 (02/19/14)
PURPOSE
To establish a policy for participation by private developers for the financing and/or installation of
traffic signals on public streets within the City of Chula Vista.
BACKGROUND
New developments, whether residential, commercial, or industrial generate additional traffic which
results in increased congestion or safety hazards at various street intersections throughout the City. The
installation of traffic signals is sometimes necessary in order to accommodate the safe and efficient
flow of vehicular traffic.
The City has in the past required developers to participate in the cost of signalization which directly
impacted a major individual development. Lesser developments, however, were not required to
participate. The system was inherently inequitable.
This policy provides for proportionate contribution by all private developments generating significant
traffic toward the projected traffic signal needs of the City. It is the intent of the City Council in
establishing this policy that all development, redevelopment, remodeling or other activity which will
result in a long-term INCREASE in the number of vehicle trips upon the City's system of streets shall
be subject to the traffic signal charge. That charge shall be based upon the net INCREASE in number
of trips generated by any specific site, and shall NOT include trips generated at such site under previous
or current usage.
STATEMENT OF POLICY
1. All new private residential, commercial or industrial development as described below shall, as
a condition of building permit issuance (or approval of a rezoning action relative to creation of
new mobile home spaces),pay a traffic signal charge for additional trips generated as authorized
by ordinance of the City Council, and in such amount per additional trip as stipulated by City
Council by resolution from time to time. The base charge is initially set at $23.00 per average
weekday daily trip. Trips generated by current property usage or verifiable prior usage shall be
excluded in determining the total charge, which shall be based on additional trips generated at
the site under the new use. For the purposes of this policy, verifiable prior usage shall be the
last known usage of the property within five(5)years of the date of application for development
approval, if said property is currently vacant. In the event that the property has been vacant for
more than five (5) years, no exclusions will be made regardless of property usage more than
five (5)years in the past.
2. Remodeling (enlarging, altering, repairing or improving and/or replacement) of existing
residential development is exempt from the traffic signal charge where and to the extent
additional residential dwelling units are created.
2019-11-05 Agenda Packet Page 101 of 131
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Participation by Private Developers in the POLICY EFFECTIVE
Financing and/or Installation of Traffic NUMBER DATE PAGE
Signals 478-01 2 OF 4
ADOPTED BY: Resolution No. 9221 DATED: 08/08/78
AMENDED BY: Resolution No. 2001-385 (11/13/01); Resolution No. 2007-231 (09/18/07);
Resolution No. 2014-025 (02/19/14)
3. Structural, occupancy, or use modifications to existing commercial or industrial developments
which are projected to increase the average daily traffic generated relative to the total
development site by 2% or more shall be subject to payment of the traffic signal charge to the
extent of the projected increase in traffic. Traffic volume determinations/projections for current
and future traffic at the site shall be made by the City Engineer who shall be required as a
condition of approval to an action formally permitting a structural, or occupancy, or use
modification to an existing commercial or industrial/development.
4. Notwithstanding any other provision of this policy, no private development shall pay the traffic
signal charge more than once for a given level of traffic generation. Where ADDITIONAL trips
are generated relative to a previously developed property, the traffic signal charge will be
applied only to the ADDITIONAL units and/or trips generated.
5. Any private development which has been required to install a traffic signal shall get credit for
the cost of that installation in computing traffic signal charges for subsequent development
within the boundaries of that private development.
6. The traffic signal charge shall be based on the vehicular trip generation rate for the applicable
land use category as shown per the latest "Brief Guide of Vehicular Traffic Generation Rates
for the San Diego Region", which is published by San Diego Association of Government
(SANDAG). Traffic generation rates for land uses not addressed by the SANDAG guide shall
be determined using the latest ITE Trip Generation book or as approved by the City Engineer.
7. Development Project Exempt from the Fee:
Development Projects that have the following qualifications can be exempt from the Traffic
Signal Fee:
a. No additional charge will be required of residential developments for on-site recreational
or service facilities (cabanas, clubhouses, swimming pools, meeting rooms, etc.) unless
such facilities are open to the public. Any such public facilities shall pay a charge based
on the total acreage of the facility including parking areas and a vehicular trip rate of
200 per acre.
b. Development projects designated as "Community-Purpose Facilities", as defined in
CVMC 19.04.055.
2019-11-05 Agenda Packet Page 102 of 131
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Participation by Private Developers in the POLICY EFFECTIVE
Financing and/or Installation of Traffic NUMBER DATE PAGE
Signals 478-01 3 OF 4
ADOPTED BY: Resolution No. 9221 DATED: 08/08/78
AMENDED BY: Resolution No. 2001-385 (11/13/01); Resolution No. 2007-231 (09/18/07);
Resolution No. 2014-025 (02/19/14)
C. Junior Accessory Dwelling Units and Accessory Dwelling Units (as defined in CVMC
Sections 19.58.023 and 19.58.022,respectively) smaller than 750 square feet are
exempt from the traffic signal charge, pursuant to California Government Code Section
65852.2(f)(3)(A).
8. For all private developments, except Accessory Dwelling Units, the traffic signal charge shall
be computed by multiplying the new additional vehicle trip generation times the established
base charge (in dollars per one-way trip per day). Accessory Dwellings Units 750 square feet
or larger shall be charged proportionately in relation to the square footage of the primary
dwelling unit on the lot.
9. The entire City, including subsequent annexations, shall be the same Benefit Area for Traffic
Signals. All traffic signal charges shall be placed in the Traffic Signal Fund. Use of funds from
such account shall be limited to design, construction inspection and modification of traffic
signals within the Benefit Area for Traffic Signals. Traffic signal construction may include:
traffic signal controller, standards, signal heads, wiring, conduit, power supply, detectors,
pedestrian push buttons, uninterruptible power supply systems and indicators,painting of street
striping, interconnection with signals under master controller, signal-related street widening and
signal-related raised median island construction.
10. The City may require that a developer whose project create an immediate need for signalization
(per warrant system specified in C.V. Code Section 10.24.070) undertake to install such
signalization subject to future reimbursement from the Traffic Signal Fund. Reimbursement of
developer to the extent that their construction cost (including design) exceeds his traffic signal
charge shall have first call on the Traffic Signal Fund. No interest shall accumulate on the
amount to be reimbursed. Reimbursement for any given installation shall commence only when
and if funds are available in the Traffic Signal Fund and when all prior date reimbursement
commitments have been satisfied in full.
11. Any private development which installs a traffic signal that is not required by the City or does
not meet traffic signal warrants as specified in Chula Vista Code Section 10.24.070,may not be
given any credit for the costs of the signal against their required traffic signal fee. The City
reserve the right to grant credits if it concludes after performing an appropriate engineering
analysis, the cost of such analysis being borne by the developer, that the signal will provide
significant benefit to the general public. Such consideration by the City will only be provided
if the signal is installed on a public street, or streets, and any credit will be prorated based on
the affected approaches to the intersection owned by the City. Example, an intersection with a
2019-11-05 Agenda Packet Page 103 of 131
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Participation by Private Developers in the POLICY EFFECTIVE
Financing and/or Installation of Traffic NUMBER DATE PAGE
Signals 478-01 4 OF 4
ADOPTED BY: Resolution No. 9221 DATED: 08/08/78
AMENDED BY: Resolution No. 2001-385 (11/13/01); Resolution No. 2007-231 (09/18/07);
Resolution No. 2014-025 (02/19/14)
private street on one approach and two approaches owned by the City will be potentially eligible
for credit not to exceed two-thirds of the cost of the signals.
The City will not provide reimbursements for any costs incurred by a developer for a signal not
required by the City nor meeting traffic signal warrants.
12. The City may advance funds to the Traffic Signal Fund or provide funds for traffic signal
installation which funds shall be subject to reimbursement in the same manner as provided
herein for a developer.
13. The above change at $23.00 per average weekly daily trip be adjusted, starting on October 1,
2002, and on each October l't thereafter,based on the one year change(from July to July)in the
20 City Construction Cost Index as published monthly in the Engineering News Record. For
reference purposes, the July 2001, 20 City Construction Cost Index is 6404.03. Adjustments to
the Traffic Signal Participation Fee based upon the 20 City Construction Cost Index shall be
automatic and shall not require further action of the City Council.
2019-11-05 Agenda Packet Page 104 of 131
|
MASTER FEE SCHEDULE
Chapter 16—Development & In-Lieu Fees
Development & In-Lieu Fees
CITY OF City of Chula Vista Development Services
| CHULA VISTA 276 Fourth Avenue,Chula Vista,CA 91910
For expa nsion/re n ovation of existing projects,fees apply to the net increase in impact only, as determined by
increase in dwelling units,gross acres,square feet,or vehicular trips. Pursuant to California Government Code
Section 65852.2(f)(3)(A),Junior Accessory Dwelling Units and Accessory Dwelling Units of less than 750 square
feet are exempt from all development impact and in-lieu fees. Accessory Dwelling Units 750 square feet or
larger are charged proportionately to the primary residence, on a square footage basis.
All rates are current as of the date of this Fee Bulletin. Development& In-Lieu fees may beset byOrdinance,
Resolution, orCouncil Policy. Please contact Development Services toconfirm current rate schedule.
PUBLIC FACILITIES DIF TRAFFIC SIGNAL FEE
Applicable:Citywide Applicable:Citywide
Single Family, per dwelling unit(DIJ) Fee per vehicular trip.......................................$40.56
Civic Center......................................................S3,196
Police................................................................$1,92G
See Master Fee Schedule Fee Bulletin 16-200 for
Corporation Yard.................................................$516 Vehicular Trip Generation Table
Libraries ...........................................................$1,837
FireSuppressinnSystem-----------.$1,615 PARKLAND ACQUISITION & DEVELOPMENT
Program Administration .....................................$691
Recreation Facilities.........................................$1,3gG The Parkland Acquisition and Development(PAD)fee
consists �s land �k� d
SindeFanni|VTotal PF0|F,per DU-----'$11,17S cons components: an acquisition
park development.
Multifamily, per DU
Civic Center......................................................$3,028 Applicable: Citywide. Parkland acquisition fees vary
Po|ice---------------------.$2,079 between eastern and western Chula Vista, ozdivided
Corporation Yard.................................................$414 by 1-805. Dcve6opmentfeesare consistent citywide.
Libraries ...........................................................$1,O37 Single Family, per dwelling unit
FineSuppressonSystem-----------.$1'162 Acquisition,west of|-805................................
progmmAdministraton ------------.$654 Acquisition, east of|-80S...............................$12,676
Recreation Facilities.........................................$1`39G Deve|opment, oitywide------------$8,019
Multi Family Total PF0|F, per DU..................51O,56B Total single family fee,west of|'#OS............$13,013
Commercial, per gross acre Total single family fee,east of|-8O5.............$20,695
CivicCenter-----------------.$10,199 Multifamily, per dwelling unit
Po|ice---------------------.$9/093 Acquisition,west of|-805................................$3,707
Corporation Yard..............................................$8'790 Acquisition, east nf|'805.................................
Fire Suppression System..................................$4270 Deve|opment, citywide------------$5,952
Program Administration ..................................$I208 Total multifamily fee,west of 1-805...............$9,659
Commercial Total PFDIF, per acre ��4,5GO
-----' Total multifamily fee,east of|-QOS..............$15,36O
Industrial, per gross acre Mobile Home, per unit
Civic Center......................................................$l223 Acquisition,west of|-8K}E................................$2,337
Police �1,960
---------------------� Acquisition, east of1-O0S.................................$S/932
Corporation Yard �$4'140 Development, citywide
Fire Suppression �8�0
' ------------� Total mobile home fee,west of|-#O5 ............$6,09O
Program Administration .....................................$698 Total mobile home fee,east of|-8O5 .............
Industrial Total PFQ|F,per acre ....................$1O,871
City ofChula Vista xvxvxv:hu|avistaca.gox 6I9.691.5247
November MASTER FEE SCHEDULE N FEE BULLETIN 16-100 Page 2 of 3
2019
EASTERN TRANSPORTATION DIF Madica| Uffice---------------.$223,737
Applicable:East of/005 Lodging (Hotel/Motel), per gross acre unless
Residential, per dwelling unit (DU) otherwise specified
Low Density: 0-6DU/gross acre..................$14,705 Low Rise Lodging: <4stories, per acre..........$89,494
Medium Density: 6.l-18DU/gross acre--$11,764 Low Rise Lodging: <4stories, perroom---.$4/74
High Density: > 18.1DU/gross acre.................$8,82] High Rise Lodging:4+stories inheight........$134,242
Senior Housing: >ODU/gross acre..................5S,88Z
Residential Mixed Use: > 18DU/gross acre ......$5i88Z Industry, per gross acre
Heavy Industry...............................................$5],696
Commercial, per gross acre unless otherwise Warehouse/Storage.......................................$26,A4O
specified Industrial Park................................................$40Z72
Mixed Use, per 20,0UUSF............................$235,281 Light Industrial...............................................$89,494
General:<Gstories inheight.......................$235,2O1
Regional: >6Oacres or800000SF..............$161,756 BAYFRONT TRANSPORTATION DIF
High Rise: >=5stories inheight...................$411,742
Applicable:Bayfront area
Other, per gross acre unless otherwise specified Residential, per dwelling unit(DU)
Office: <5stories inheight..........................$132,34G Low Density:8-6DU/gross acre..................$1U,817
Industrial -----------------'$13Z,345 Medium Density: 61-20DU/gross acre--'$8654
Regional Technology Park............................$117,640 High Density: >2O.1DU/gross acre.................$6/49O
1O'Ho|eGolf Course, per course...............$1/J293G7 Mobile Home...................................................$G/4UO
Medical Center $955831
Commercial, per gross acre unless otherwise
Note:Mixed Use projects are subject to both the Mixed specified
Use Commercial rate for the commercial portion of the Regiona|------------------.$216,359
project AND the Mixed Use Residential rate for the Community..................................................$3029U2
residential units. Neighborhood per 1/}00SF..........................$51/)Z6
Street Front..................................................$173,087
WESTERN TRANSPORTATION DIF
Retail--------------------$173/}87
---------------------------------------' Wholesale Trade..........................................$259,63U
Applicable: West of1-8O5, except Bayfront area
Residential, per dwelling unit (DU) Office, per gross acre unless otherwise specified
Low Density: 0-6DU/gross acre....................$4,474 High Rise Office: 6+stories inheight...........$649U77
Medium Density: 61-20DU/gross acre........$3,G79 Low Rise Office: <6stories, per acre...........$324,S]8
High Density: >Z01DU/gross acne-----'$Z,684 Low Rise Office: <6stories, per 1/]UUSF......$21,635
Mobile Home...................................................$2,Z]7 Medical Office..............................................$540897
Commercial,per gross acre unless otherwise specified Lodging (Hotel/Motel), per gross acre unless
Regional .........................................................$O9/94 otherwise specified
Community..................................................$1ZSZ9Z Low Rise Lodging: <4stories, per acre........$216,359
Neighborhood per 1l0OSF..........................$21/47A Low Rise Lodging: <4stories, per room........$10,817
Street Front....................................................$71,595 High Rise Lodging:4+stories inheight........$324,G38
Retail..............................................................$71,S95
Wholesale Trade--------------$1O7393 Industry, per gross acre
Heavy Industry.............................................$129,Q1S
Office, per gross acre unless otherwise specified Warehouse/Storage-------------$64/9O7
High Rise Office: 6+stories inheight...........$Z68,484 Industrial Park................................................$9l361
Low Rise Office:<6stories, per acre...........$134242 Light Industrial.............................................$216,3S9
Low Rise Office:<6stories, per 11X)0SF........$O,949
City ofChula Vista xvxvxv:hu|avistaca.gox 6I9.691.5247
November MASTER FEE SCHEDULE N FEE BULLETIN 16-100 Page 3 of 3
2019
PEDESTRIAN BRIDGE DIFS
OtaV Ranch Village 1,2,5,and 6 Pedestrian Bridge DIF
Applicable:OtayRanch Villages 12, 5, and 6
Single Family, per DU..........................................$931
Multifamily, per DU ............................................S690
OtaV Ranch Village 11 Pedestrian Bridge DIF
Applicable:OtoyRanch Village 22
Single Family, per DU.......................................$2,641
Multifamily, per DU .........................................$1,QSA
EUC(Millenia) Pedestrian ridge DIF
Applicable:Mi8eniaEastern Urban Center Project
Single Family, per DU.....................................$615.13
Multifamily, per DU .......................................$456.1U
SEWER & DRAINAGE DIFS
Poggi Canyon Sewer, Gravity Flows
Applicable:PoggCanyon sewer basin
Fee per equivalent dwelling unit(EDU)..............$26S
Salt Creek Sewer,Gravity Flows
Applicable:Salt Creek and Wolf Canyon sewer basins
Fee per equivalent dwelling unit(EDU)...........$1,G0O
City ofChula Vista xvxvxv:hu|avistaca.gox 6I9.691.5247
2019'//'05 Agenda Packet Page m7"r's/
Written Communications
Item # 7
Sheree Kansas
Subject: FW: Important:Council agenda item#7, removing owner-occupied restrictions for ADUs
From:Jill Galvez
Sent: Monday,September 30,2019 3:40 PM
To: Kerry Bigelow<KBigelow@chulavistaca.gov>
Subject: FW: Important: Council agenda item#7, removing owner-occupied restrictions for ADUs
Hi Kerry,
Can you attach Ms. Dillon's comments below to the record for item#7 and distribute them?
I don't know if my comments below hers should be attached or not.Thank you!
Warm regards,
Jill M.GalvezI CouncilmemberI District 2, Northwest
276 Fourth Avenue I Chula Vista,CA 191910
Phone: 619.691.5177 1 Cell: 619.997.10161 Email: imgalvez@chulavistaca.gov
GAMMA
MTS RIDE-FREE DAY IS WEDNESDAY,OCTOBER 2nd ...Pass it on...
From:Terri Dillon [mailto: ]
Sent: Monday, September 30, 2019 3:07 PM
To: Jill Galvez
Subject: Re: Important: Council agenda item #7, removing owner-occupied restrictions for ADUs
Warning:
External Against it. Will contribute to additional congestion of traffic,parking, schools,utilities,trash,
Email evictions, distraction of first responders and so forth. Even selling properties, effecting sellers
ability to sell now having to respect tenant rights.
R1 zoning needs to stay R1. This is not a multiple dwelling code.
TERRI DILLON, Broker
TDillon(a,RealtyExecutivesDillon.com
Lic#01129216
On Sep 30, 2019, at 2:56 PM,Jill Galvez<jm alg veznchulavistaca.gov>wrote:
Hello neighbor,
1
2019-11-05 Agenda Packet Page 108 of 131
I'm writing to you because you had questions about ADUs in the past, or because you're a homeowner
in our beautiful city.
Tomorrow night at Spm(October 1St),the council will vote on removing owner-occupancy
requirements for Accessory Dwelling Units(aka Granny Flats)and Junior Accessory Dwelling Units(aka
Garage Conversions).
Do you have any thoughts on this topic?
I am concerned that there might be an unfair advantage to existing landlords which might lead to over-
speculation on traditional housing stock in Chula Vista.
On the other hand,allowing non-owner occupied multifamily housing on existing parcels could provide
additional low-income rental housing throughout Chula Vista,which is a problem for our entire region.
I do not know what other cities or what the state will be doing in this regard. I've heard that the state
will be issuing new regulations mid-October.
Note:the council is not considering changing fee structures or providing pre-approved plans to make
building ADUs easier at this time.
Please come to the meeting or email me with your thoughts/concerns.
Warm regards,
Jill M.GalvezI CouncilmemberI District 2, Northwest
276 Fourth Avenue I Chula Vista,CA 191910
Phone:619.691.5177 Cell: 619.997.10161 Email: imgalvez@chulavistaca.gov
<image001.jpg>
MTS RIDE-FREE DAY IS WEDNESDAY,OCTOBER 2nd ... Pass it on...
<Ordinance removing owner-occupied restrictions for ADUs.pdf>
<Staff Report-ADU-remove owner req.pdf>
2
2019-11-05 Agenda Packet Page 109 of 131
Sheree Kansas
Subject: FW: Important:Council agenda item#7, removing owner-occupied restrictions for ADUs
From:Jill Galvez
Sent:Tuesday,October 1,2019 9:06 AM
To:Kerry Bigelow<KBigelow@chulavistaca.gov>
Subject: Fwd: Important: Council agenda item#7, removing owner-occupied restrictions for ADUs
For distribution,thank you!
Jill Galvez
Councilmember, District 2
City of Chula Vista
(619)997-1016 cell
Begin forwarded message:
From: Lasha Allen<>
Date:September 30,2019 at 9:56:42 PM PDT
To:Jill Galvez<imgalvez@chulavistaca.gov>
Subject:Re: Important:Council agenda item#7, removing owner-occupied restrictions for ADUs
Would this cause a rezoning...as in 2 on 1 leading to apartments? Where I am,absolutely for NO rezoning. Next door,
they just built a granny flat... this house already has 4 cars, no garage as it's too small for today's cars(plus it's full of
"stuff"). We already have too many renters with no concern about how the yards look,or noisy parties,or one house
with 4 dogs(that are not cleaned up after they go on our yards). These flats turn into non grannys...out to make a buck
like bnbs(spelling?)
How many on council have renters,granny flats,garage conversions,etc.next to them?
I'm flying out of town in a couple days, I won't be able to attend.
PS what are the owner-occcupancy requirements?
kasha Allen
2019-11-05 Agenda Packet Page 110 of 131
Sheree Kansas
Subject: FW: Important:Council agenda item#7, removing owner-occupied restrictions for ADUs
From:Jill Galvez
Sent:Tuesday,October 1, 2019 9:06 AM
To: Kerry Bigelow<KBigelow@chulavistaca.gov>
Subject: Fwd: Important:Council agenda item#7, removing owner-occupied restrictions for ADUs
For distribution,thank you!
Jill Galvez
Councilmember, District 2
City of Chula Vista
(619)997-1016 cell
Begin forwarded message:
From: Bill Sears<>
Date:September 30,2019 at 10:06:52 PM PDT
To:Jill Galvez<Imgalvez@chulavistaca.gov>
Subject:Re: Important:Council agenda item#7,removing owner-occupied restrictions for ADUs
Warning:
External I oppose garage conversions because it tends to create neighborhood parking Issues. I live on a court with
Email seven homes.One home has someone living in their garage and that home has five vehicles.Another home
has converted their home into a workout gym and they have six vehicles.They double park driveway and sticking out
into the street. None will park their cars on the cross street(Nacion).When we have guests coming to visit there's no
where for them to park. It's also a real battle on trash can eve.
1
2019-11-05 Agenda Packet Page 111 of 131
Sheree Kansas
Subject: FW: Important:Council agenda item#7, removing owner-occupied restrictions for ADUs
From:Jill Galvez
Sent:Tuesday,October 1,2019 9:05 AM
To:Kerry Bigelow<KBigelow@chulavistaca.gov>
Subject: Fwd: Important:Council agenda item#7, removing owner-occupied restrictions for ADUs
For distribution,thank you.
Jill Galvez
Councilmember, District 2
City of Chula Vista
(619)997-1016 cell
Begin forwarded message:
From: Michael Mace<>
Date:October 1,2019 at 8:40:34 AM PDT
To:<imgalvez@chulavistaca.gov>
Subject:Re:Important:Council agenda item#7,removing owner-occupied restrictions for ADUs
Warning:
External Good morning Jill,
Email
Much of the same as mentioned in my response to your other mailing on basically the
same subject. Only with this additional option, of course there can be other results. Of course
depending on the power of the $$ and interest in the area as an investment.
Most of the newer homes (built in the past 10 years) don't have sufficient property to do much of
anything. I would never do it, but if it was zoned to allow it or by this new agenda item, I could easily
build two apartments in my back yard and still have room for a garden. Not much of any in the East
Lake area would do that unless Pacific Islander families as they have. The point being that this will be
restricted to older areas on the most part. One area as an example where building has been done
without permits (that is what I have been told) in the residential areas just north of Harborside
Elementary School and all around that area. Next to where my daughter and son in law live which is
less than 300 feet from that school is pretty ghetto. The streets are very narrow, already grossly
overpopulated from the building and the streets packed with cars to beyond it's capacity. In my
daughters back yard, there is an apartment, a two car garage, and room for a couple more
apartments. The apartment is used like for storage. But the driveway can hold up to 4 cars or trucks.
The point is that outside investors could and would build and use them as multi rental locations for
income and it would be a ghetto as is that area I reference. Not an area for people with a desire to
move on up. There are certainly some positive aspects, but seems it is probably an answer to the
need of low income housing. Or seems that way in the long run. I could go on and on with both the
positive and negative, but for the most part it is negative for Chula Vista west of 805 as well as east to
the end of Chula Vista. A bit ghetto....
Good luck in solving this issue, Michael
i
2019-11-05 Agenda Packet Page 112 of 131
-----Original Message-----
From:Jill Galvez<jmgalvez(a)_chulavistaca.gov>
To: 'Michael Mace'< >
Sent: Mon, Sep 30, 2019 4:14 pm
Subject: RE: Important: Council agenda item #7, removing owner-occupied restrictions for ADUs
Thank you, Michael. This rule change would allow for multiple tenants, not related, with the owner of the
property being an investor/corporation/out-of-state landlord.
Do you have any thoughts on that?
Warm regards,
Jill M. Galvezl Councilmemberl District 2, Northwest
276 Fourth Avenue I Chula Vista, CA 191910
Phone: 619.691.51771 Cell: 619.997.10161 Email: jmgalvez(a�chulavistaca.gov
MTS RIDE-FREE DAY IS WEDNESDAY, OCTOBER 2nd ... Pass it on...
From: Michael Mace 0
Sent: Monday, September 30, 2019 4:10 PM
To:Jill Galvez
Subject: Re: Important: Council agenda item #7, removing owner-occupied restrictions for ADUs
Warning:
External HI Jill,
Email
Thanks for thinking of me. I agree that it could cause a huge problem and at the
same time in some ways Alleviate some problems.
Pluses;
*Enable the building of a granny flat for family or other family members, even up to two
stories for even both.
*Enable an owner to build for rental purposes to increase income in retirement...up to two
stories too. For family members.
*Add substantial value to the property if and when the property is sold. Especially if
property is large as in Bonita.
**Add to the city tax base so the city has a greater income from property tax, building
permit fees and more.
**Add to the tax base for education and more from the increase in property value. For the
city, county and more.
Negatives;
*Over population of people, pets, all requiring more police and city services.
2
2019-11-05 Agenda Packet Page 113 of 131
*Parking, parking, parking. Overload of cars on the streets, wear and tear on the area
streets , congestion and more.
*Trash, trash, trash. 25%-50% increase of trash, air pollution, and need for disposal.
Costs greatly increase.
*Utilities; Greater use of water, electricity, gas, sewer.
*Greater crime; Possible holding areas for illegal immigrants, drug manufacturing, Storage
of???
*Public services; Increase by 25% to 50 to include possible greater increase in school
age kids.
*If the property is built and is in some way connected to the original house, then the
increase in permits and more will be far less because it will be considered an addition and
not a separate building. Makes a huge difference in skirting fees... Codes are codes.
see or for see headaches, headaches and more unless really controlled and
monitored.....oh gosh, that would create a substantial need for city employees in all areas
from code control, police, fire service and more......OMG..
Hope I have come up with a bit more than you have already thought of. Sadly most is
not good.
Be well and good luck... Michael
3
2019-11-05 Agenda Packet Page 114 of 131
Sheree Kansas
Subject: FW: Important:Council agenda item#7, removing owner-occupied restrictions for ADUs
From:Jill Galvez
Sent:Tuesday,October 1,2019 9:04 AM
To: Kerry Bigelow<KBigelow@chulavistaca.gov>
Subject:Fwd: Important:Council agenda item#7, removing owner-occupied restrictions for ADUs
For distribution-thank you!
Jill Galvez
Councilmember, District 2
City of Chula Vista
(619)997-1016 cell
Begin forwarded message:
From:Savannah Sturges<s>
Date:October 1,2019 at 6:53:48 AM PDT
To:Jill Galvez<imgalvez@chulavistaca.gov>
Subject:Re:Important:Council agenda item#7,removing owner-occupied restrictions for ADUs
Warning:
External I agree with you. I think we should maintain owner occupancy. I would not to live next door to a home with
Email multiple rentals within and a landlord no where in sight!
On Mon,Sep 30, 2019 at 4:53 PM Jill Galvez<imgalvez@chulavistaca.gov>wrote:
Hi Savannah,
Thank you for sharing your thoughts. My concern is that the vote on the ordinance is to change two sections of the
municipal code to say:
19.58.022(c)(12) "The property owner(s)shall not be required to reside on the lot on which the accessory dwelling unit
is located or constructed."
19.58.023(B)(2)"Owner-Occupancy is not required in the single family residence in which the junior accessory dwelling
unit will be permitted."
There is no vote on fees.
i
2019-11-05 Agenda Packet Page 115 of 131
I fear that the changes to our municipal code might squeeze out home ownership and cause homeowners like yourself
frustrations.
What happens if the house next door to yours builds an ADU or more, rents out rooms,and is owned/managed by
someone out of state? How does that impact public safety, preserve the right of our future generations to hope to own
a home in our city to build wealth for themselves?
Warm regards,
Jill M.GalvezI CouncilmemberI District 2, Northwest
276 Fourth Avenue I Chula Vista,CA 19191
Phone: 619.691.5177 1 Cell:619.997.10161 Email: jmalvez@chulavistaca.�ov
1!7
MTS RIDE-FREE DAY IS WEDNESDAY,OCTOBER 2nd ... Pass it on...
From: Savannah Sturges [mailto:]
Sent: Monday, September 30, 2019 4:47 PM
To:Jill Galvez
Subject: Re: Important: Council agenda item #7, removing owner-occupied restrictions for ADUs
Warning:
External
Email Thanks Jill,
We feel owners should be able to establish an accessory dwelling. Particularly for the need for our generation to care
for our elderly parents eventually. I know I would consider building a granny flat when the time comes to care for my
parents. However,We feel this should be limited to one accessory dwelling(ex garage conversion or Granny flat).This
would prohibit an owner from renting a back granny,a garage,a room in the house,etc which would cause
overcrowding in neighborhoods.Thanks for asking our opinion.
2
2019-11-05 Agenda Packet Page 116 of 131
Savannah Sturges
Savannah Sturges
3
2019-11-05 Agenda Packet Page 117 of 131
Sheree Kansas
Subject: FW: Important:Council agenda item#7, removing owner-occupied restrictions for ADUs
From:Jill Galvez
Sent:Tuesday,October 1,2019 9:04 AM
To: Kerry Bigelow<KBigelow@chulavistaca.gov>
Subject: Fwd: Important: Council agenda item#7, removing owner-occupied restrictions for ADUs
For distribution-thank you!
Jill Galvez
Councilmember, District 2
City of Chula Vista
(619)997-1016 cell
Begin forwarded message:
From:Jo Anne Springer<>
Date:September 30,2019 at 11:06:50 PM PDT
To:Jill Galvez<imgalvez@chulavistaca.gov>
Subject:Re:Important:Council agenda item#7,removing owner-occupied restrictions for ADUs
Warning:
External Jill,
Email
I'm out of town and won't be returning til Wed. evening, so can't attend the council
meeting. I share your concerns about granny flats. I have no problem with providing
family members with residences close enough to allow for family care while maintaining
independence. I'm opposed to them being used as real estate income. I think we have
enough housing in this city, regardless of what the state or other council members want.
We are pushing the limits of maintenance of infrastructure as it is, not to mention the
strain on natural resources and traffic glut.
Jo Anne
>
2019-11-05 Agenda Packet Page 118 of 131
Sheree Kansas
Subject: FW: Important:Council agenda item#7, removing owner-occupied restrictions for ADUs
From:Jill Galvez
Sent: Monday,September 30, 2019 7:38 PM
To: Kerry Bigelow<KBigelow@chulavistaca.gov>
Subject: Fwd: Important: Council agenda item#7, removing owner-occupied restrictions for ADUs
Hi Kerry,
Can you distribute this?Thank you!
Jill
Begin forwarded message:
From: Jerilyn Brown<>
Date: September 30,2019 at 7:36:22 PM PDT
To: Jill Galvez<jm alg veznchulavistaca.gov>
Subject: Re: Important: Council agenda item#7,removing owner-occupied restrictions for ADUs
Warning:
External Hi Jill,
Email Thank you for all your hard work for our city!
My feelings are that if the property owner is not on the premises,two tenants in two structures could be
irresponsible neighbors. Buyers could buy multiple properties here on the west side where our lots are often
deeper and build granny flats,rent all properties and the renters don't feel any stake in the community or for the
property. Our nice quiet single family neighborhoods will be no longer nice and quiet.
Thank you for considering my concerns and representing me at the council meeting. We are unable to attend
because of a previous commitment.
David and Jerilyn Brown
Sent from my iPhone
1,
2019-11-05 Agenda Packet Page 119 of 131
Sheree Kansas
Subject: FW: Important:Council agenda item#7, removing owner-occupied restrictions for ADUs
From:Jill Galvez
Sent:Tuesday,October 1,2019 3:27 PM
To:'David Butler'<>; Kerry Bigelow<KBigelow@chulavistaca.pov>
Subject: RE: Important: Council agenda item#7, removing owner-occupied restrictions for ADUs
Dear Mr.and Mrs. Butler,
Thank you for sharing your thoughts on this topic. I am copying the city clerk so that she may distribute your comments
before the meeting.The council meeting begins at 5pm and this is item#7.
Warm regards,
Jill M.GalvezI Councilmemberl District 2, Northwest
276 Fourth Avenue I Chula Vista,CA 191910
Phone: 619.691.5177 1 Cell: 619.997.10161 Email: im>;alvezCc@chulavistaca.>?ov
C HUDOMA
MTS RIDE-FREE DAY IS WEDNESDAY,OCTOBER 2"d ...Pass it on...
From: David Butler []
Sent: Tuesday, October 01, 2019 3:24 PM
To: Jill Galvez
Subject: Re: Important: Council agenda item #7, removing owner-occupied restrictions for ADUs
Warning:
External Jill
Email Suellen and I are strongly against this. First it would largely impact west Chula Vista where the
lots are typically larger. Why would we want our beautiful neighborhoods to become more dense?
It is a backhanded way of changing a single family zoned neighborhood into a multi family neighborhood
without changing zoning. Parking and traffic are already a problem in many neighborhoods. This would make it
worse. Our quality of life would be negatively impacted. I am a landlord with 3 single family dwellings and
could greatly benefit financially but the negatives far outweigh any financial benefit. This short term solution to
a perceived housing problem would lead to long term negative impacts on west Chula Vista
neighborhoods. Please oppose this measure.
David and Suellen
Sent from my iPhone
1
2019-11-05 Agenda Packet Page 120 of 131
Sheree Kansas
Subject: FW: Item#7, 10/1/2019: Removing owner-occupancy requirements for ADU's
-----Original Message-----
From:Suellen Butler [mailto:]
Sent:Tuesday,October 01,2019 4:01 PM
To:Mary Salas;John McCann; Mike Diaz; Steve C.Padilla;Jill Galvez
Subject: Item#7, 10/1/2019: Removing owner-occupancy requirements for ADU's
Warning: External Email
Dear Mayor Salas and Council-members,
My husband David and I are life long Chula Vista residents,we want to go on record as strongly opposing this
agenda item. First it would largely impact west Chula Vista where the lots are typically larger.Why would we want
our beautiful neighborhoods to become more dense? It is a backhanded way of changing single family zoned
neighborhoods into a multi family neighborhoods without changing zoning.Parking and traffic are already a
problem in many neighborhoods,this would only make it worse.Our quality of life would be negatively impacted.
My husband and I own 3 single family rental properties on the west side of town and we would greatly benefit
financially if this item were to pass,but we feel the negatives far outweigh any flnancial benefit.This is short term
solution to a perceived housing problem which would lead to long term negative impacts on west Chula Vista
neighborhoods. I feel this council needs to begin looking at the long term issues their legacy will leave for the
future residents of Chula Vista.
I urge you to reflect on the beloved movie"It's a Wonderful Life",do you want to be remembered by future Chula
Vistan's as a council full of Mr.Potter's who created the slums of Potters Field,or do you want to be a George Bailey
who gave people pride in their town and roots for their children to grow. Please oppose this measure.
Thank you,
Suellen R. Butler
Sent from my iPhone
Sent from my iPad
i
2019-11-05 Agenda Packet Page 121 of 131
Written Communications
Sheree Kansas Item-# 7
Subject: FW: Important:Council agenda item#7, removing owner-occupied restrictions for ADUs
Attachments: image001 jpg
From:Jill Galvez
Sent:Tuesday,October 1,2019 5:02 PM
To: Kerry Bigelow<KBigelow@chulavistaca.gov>
Subject: Fwd: Important: Council agenda item#7, removing owner-occupied restrictions for ADUs
Please distribute-thank you!
Warm regards,
Jill M. Ga1vez1 Councilmemberl District 2,Northwest
276 Fourth Avenue I Chula Vista, CA 191910
Phone: 619.691.51771 Cell: 619.997.1016 Email: jm alvez(?chulavistaca.gov
Begin forwarded message:
From: <>
Date: October 1, 2019 at 4:58:17 PM PDT
To: 'Jill Galvez'<jmgalvezaa,chulavistaca.gov>
Subject: RE: Important: Council agenda item#7,removing owner-occupied restrictions
for ADUs
Warning:
External Hi Jill
Email I believe there is a real problem with removing the owner occupancy requirements. There are already
many non-owner occupied properties in chula vista and many of those are not well taken care of. In
general, renters just do not care about the neighborhood the way that owners do. I believe this will cause a flood of
non-owner occupied building additions and effectively doubling the density of our current neighborhoods and create
slums. Also,there is not enough street parking as it is. Every street is full of parked cars. Please,at least maintain the
requirement for parking on the property.
Thanks
Tim Smith
1
2019-11-05 Agenda Packet Page 122 of 131
=s.r
ti
r —
OFFICE OF THE MAYOR
Mary Casillas Salas
M-E M
October 22, 2019
TO: Kerry Bigelow, City Clerk
CC: Sheree Kansas, Deputy City Clerk II
VIA: Adrianna Hernandez, Sr. Council Aide
FROM: Mayor Mary Casillas Salas
RE: Boards and Commissions Appointments
The Mayor would like to recommend Lee Kohse for appointment to the Cultural Arts
Commission and Bryan Ehm for appointment to the Board of Appeals and Advisors. Lee Kohse
will replace Karen Daniels and Bryan Ehm will replace Leslie Smith.
Please place these items on the November 5, 2019 Council agenda for ratification and schedule
the oaths of office for the following council meeting.
Thank you.
276 Fourth Avenue-Chula Vista-California 91910®(619) 691-5044 -Fax (619)476-5379
2019-11-05 Agenda Packet msalas@Chulavistaca.gov Page 123 of 131
0§MM-C.—n—Re,�' ed Puper
Angela Larson
From: Webmaster
Sent: Saturday, September 14, 2019 7:08 PM
To: CityClerk; Adrianna Hernandez
Subject: City of Chula Vista: Board of Appeals &Advisors Application - Web form
A new entry to a form/survey has been submitted.
Form Name: Board of Appeals&Advisors Application
Date&Time: 09/14/2019 7:08 PM
Response#: 13
Submitter ID: 66439
IP address: 72.199.81.72
Time to complete: 50 min., 19 sec.
Survey Details
Page 1
Application for membership on the Board of Appeals&Advisors
1. Prefix
(o) Mr.
2. First and Last Name
Bryan Ehm
3. E-mail
4. Home Address
S. City
Chula Vista
6. ZIP code
91911
7. Primary Phone
8. Secondary Phone
Not answered
1
2019-11-05 Agenda Packet Page 124 of 131
9. Are you registered to vote in Chula Vista?
(o)Yes
10. Do you live within the City limits of Chula Vista?
(o)Yes
11. How Long?
Approximately 25 years
12. Present employer
San Diego Unified School District
13. Occupation
Manager, Physical Plant Operations(PPO)Support Services
14. Are you currently serving on a Chula Vista Board/Commission?
(o) No
15. Which one(s)?
Not answered
16. Have you previously served on a Chula Vista Board/Commission?
(o)Yes
17. Which ones?
Board of Appeals and Advisors
18. Per Chula Vista Municipal Code Section 2.25.030, 1 understand:
-If I am currently serving on a board or commission,I must resign from my current board or commission if I am
appointed.
-1 must have served at least 12 months on my current board or commission in order to be appointed to another board or
commission.
(o) I have read and acknowledged the above statement.
19. Are you or have you been involved in any local,civic or community groups?
(o) No
20. Which ones?
Not answered
21. Please describe your training and experience on matters pertaining to building construction,including applicable building
codes,regulations,and ordinances.
I've been blessed to serve California K-12 education for over 30 years in varied capacities, both in the public and private
sector. I started my career at San Diego Unified San Diego Unified (SDUSD) in the districts Architects Office of the Facilities
Planning and Construction department in 1989.Worked in varied capacities including Architectural Drafting Technician,
Planner/Estimator/Inspector, Project Manager, Program Coordinator, Facilities Planning Coordinator, Maintenance Planning
Supervisor and in my current capacity as Manager, PPO Support Services for the school district. I have a carpentry
2
2019-11-05 Agenda Packet Page 125 of 131
background and have also worked for California K-12 education in the private sector as Construction Manager, Deputy of
Construction Management and Program Director. I am familiar with California building codes and regulations,as well as City
and County ordinances and the Division of the State Architect(DSA) requirements.
22. What are your principal areas of interest in our City government,and what experience or special knowledge can you
bring to those areas?
To serve and support the community I live in.Currently to serve on the Board of Appeals and Advisors. Experience and
Knowledge as outlined above.
23. What would you hope to accomplish in the role of a Member of the Board of Appeals&Advisors?(250 words or less)
To support and serve our community to the best of my ability.To help resolve disputes utilizing my knowledge and
experience.Once I have had a chance to serve my term, I would be open to helping in any other areas in which I can be of
service.
I am filing this out on my phone at home and would like to submit my resume on Monday when I get in the office.
24. You may upload a resume in addition to your application(optional).
25. The City understands meeting schedules and individual's availability may change.We ask that you consider the meeting
schedule when submitting an application.
(o) I have reviewed the Board of Appeals&Advisors regular meeting date,time and frequency.
26. 1 understand if I am selected to serve on this board or commission I will need to disclose certain economic interests(Form
700)in accordance with the City of Chula Vista's Conflict of Interest Code.
(o) I have reviewed the City of Chula Vista's Conflict of Interest Code.
27.
(o) I am familiar with the responsibilities of the Board of Appeals&Advisors. I attest that the information I have provided is
accurate and true.
Thank you,
City of Chula Vista
This is an automated message generated by the Vision Content Management System".Please do not reply directly to this email.
3
2019-11-05 Agenda Packet Page 126 of 131
Angela Larson
From: Webmaster
Sent: Saturday, August 31, 2019 2:35 AM
To: CityClerk; Adrianna Hernandez; Lynnette Tessitore; Erwin Magbanua
Subject: City of Chula Vista: Cultural Arts Commission Application - Web form
A new entry to a form/survey has been submitted.
Form Name: Cultural Arts Commission Application
Date&Time: 08/31/2019 2:34 AM
Response#: 29
Submitter ID: 65956
IP address: 104.63.111.82
Time to complete: 11 min.,47 sec.
Survey Details
Page 1
Application for membership on the Cultural Arts Commission
1. Prefix
(o) Mr.
2. First and Last Name
Lee
3. E-mail
4. Home Address
S. City
Chula Vista
6. ZIP code
91910
7. Primary Phone
8. Secondary Phone
Not answered
1
2019-11-05 Agenda Packet Page 127 of 131
9. Are you registered to vote in Chula Vista?
(o)Yes
10. Do you live within the City limits of Chula Vista?
(o)Yes
11. How Long?
20+years
12. Present employer
Self
13. Occupation
Artist/Illustrator
14. Are you currently serving on a Chula Vista Board/Commission?
(o) No
15. Which one(s)?
Not answered
16. Have you previously served on a Chula Vista Board/Commission?
(o) No
17. Which ones?
Not answered
18. Per Chula Vista Municipal Code Section 2.25.030, 1 understand:
-If I am currently serving on a board or commission,I must resign from my current board or commission if I am
appointed.
-1 must have served at least 12 months on my current board or commission in order to be appointed to another board or
commission.
(o) I have read and acknowledged the above statement.
19. Are you or have you been involved in any local,civic or community groups?
(o) No
20. Which ones?
Not answered
21. What are your principal areas of interest in our City government,and what experience or special knowledge can you
bring to those areas?
I would love to help Chula Vista create a positive and inspirational environment for working artists.There are not many
galleries in Chula Vista and there are very few art programs. I have worked in the community for years,displaying art at pop-
up events,or teaching art in schools as a volunteer. I also work with the founders of San Diego Comic-Con to create
programing and content that specializes in teaching aspiring artists how to make a living being creative at Pop Culture
events.
2
2019-11-05 Agenda Packet Page 128 of 131
22. IF you are an artist,educator,and or possess professional qualifications and experience in disciplines of arts and cultures
(see definitions of these terms below),please indicate which discipline(s)apply:
Definitions:
• Artist:A practitioner of an arts discipline(e.g.performing arts,fine arts,culinary arts,media arts or related arts
disciplines)
• Educator:One who is credentialed in the field of the arts or one who teaches or has experience teaching one or
more disciplines of the arts.
• Professional qualifications:Qualifications based upon one's body of work,one's educational background and
experience in a discipline of the arts.
[x] Fine Arts
[x] Media Arts
23. If you selected one or more of the areas of discipline above,please describe your qualifications and experience.(250
words or less)
I have worked in the entertainment industry for almost 2 decades creating art for various clients including Star Wars,
Indiana Jones,Voltron,Aliens, Lord of the Rings and many more. My specialty is narrative art.Art that tells a story and
engages the viewer. My art hangs in galleries around the world and is part of some notable private collections including
George Lucas,Stephen Spielberg, Frank Darabont,and more.
24. If you are NOT an artist,educator,and/or possess professional qualifications and experience(as described in Question 1,
above),please describe your competence,knowledge,and experience in cultural arts.(250 words or less)
Not answered
25. What would you hope to accomplish in the role of a Cultural Arts Commissioner?(250 words or less)
I would like to explore ways to encourage artists to open more galleries in Chula Vista. Creating an art district to host events
and potentially creating a small Comic-Con style event would not only bring in revenue to the city but can also create an
inspiring environment for students and professional artists alike.
26. 1 understand that to be considered,I must submit a resume along with this application.
LeeKohseResume.pdf
27. The City understands meeting schedules and individual's availability may change.We ask that you consider the meeting
schedule when submitting an application.
(o) I have reviewed the Cultural Arts Commission regular meeting date,time and frequency.
28.
(o) I am familiar with the responsibilities of the Cultural Arts Commission. I attest that the information I have provided is
accurate and true.
Thank you,
City of Chula Vista
This is an automated message generated by the Vision Content Management System".Please do not reply directly to this email.
3
2019-11-05 Agenda Packet Page 129 of 131
Lee
Koh
��'�� ��0�������
__ _ _ - _ _ - -_ _ Lee Kohse
�UK � �m� ^�
m�������@������'
_ -_ y____
SkiKLS Professional illustrator specializing in Narrative Art,and Storytelling
with experience inkey art,storyboards.concept design.
Experience Lucam{i|nm/Freelance Artist
2057 PRESENT.SAN FRAWC|S[O/Remote
Provide illustrations for product designs and licensing. Myfirstproject
for Lucasfi|mwas creating images for ToppsIndiana Jones Heritage
trading cards. Over the years| have progressed with myart being used in
multiple products.Most notably|amcurrently creating original images
for Disney art galleries and theme parks. This art also ends upaslicensed
reproductions displayed ingalleries around the world.
Freelance/Artist and Writer
'1997 FIRES[ INIT' Remnteand onvarious|ncations
Since 1997.| have worked asofreelance illustrator,writer, and concept
designer for ovariety ofcompanies onmultiple properties including
Vo|tron.Aliens,Angel(Buffy).He||boy.Predator,UFC,Lord ofthe Rings/
Hobbit and many more. | have also created storyboards.concept designs
and stories tomultiple indiefilms and previsua|izabonfor film and TV
pitches. Most notably mystories for Vo|troninspired the highly
successful DreamvvorksVo|tron series.
XY/Creative Director
APIR111-2018 AUGUST 2O1.B.5AIN DIEGO
Led the creative team and UX7U|design onvarious web and mobile
applications created tohelp locate things ofinterest.Worked closely
with developers todesign U|and create apositive UXAlso created
custom graphics and illustrations for marketing materials and managed
teams for events such asCES and Comic-Con aswell as live product
tests.
Speed Racer/Creative Director
JANUARY2004 N(}VENBER2D12.SAN D|E(30/LA
Assembled and led the creative teams tocreate aSpeed Racer Universe
that preserved the original source material asmuch aspossible aswell as
filling plot holes insaid original materials.|also led the creation ofseveral
spinoff projects.
20/9'//'05 Agenda Packet Page/m"r's/
Education The Advertising Arts College/Design Certifications
1998 1.999,SAN DEGO
Chula Vista High School/5CPAGraduate
1992CHULAV|51A
Awards Expos6Vol 2-Top Artists|nTheIndustry
1Gold Summit Award for Design
2Silver Summit Awards for Design
Over 5UAwards for art and illustration
Over 3O1st Place Awards Del Mar Art Exhibition
20O3Telly Award Finalist Art Direction
Navy Achievement Medal
Good Conduct Medal
Meritorious Unit Commendation
National Defense Medal
20/9'//'05 Agenda Packet Page/s/ "r's/