HomeMy WebLinkAbout2023-11-13 SSC Agenda PacketDate:Monday, November 13, 2023
Time:5:00 p.m.
Location: City Hall, Bldg. #C, Conference Room B-111
276 Fourth Avenue, Chula Vista
Welcome to your Sustainability Commission Meeting!
Public Comments: Public comments may be submitted to the Sustainability Commission in the
following ways:
In-Person comments during the meeting. Join us for the Sustainability Commission
meeting at the time and location specified on this agenda to make your comments. Please
visit www.chulavistaca.gov/boardmeetings for current mask requirements and other safety
protocols.
•
Submit an eComment. Visit www.chulavistaca.gov/boardmeetings, locate this meeting
and click on the comment bubble icon. Click on the item you wish to comment on, and
then click on "Leave Comment." The commenting period will close one hour before the
meeting. All comments will be made available to the Commission and the public.
•
Mail or email comments. Submit comments via email to SSC@chulavistaca.gov or by mail
to Economic Development Department, 276 Fourth Ave, Chula Vista, CA 91910. Please
send comments early; written comments received within one hour of the meeting may not
be distributed until the following day.
•
Accessibility: Individuals with disabilities are invited to request modifications or accommodations in
order to access and/or participate in a Sustainability Commission meeting by contacting the Office
of the Economic Development at SSC@chulavistaca.gov (California Relay Service is available for
the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting.
Pages
1. CALL TO ORDER
2. ROLL CALL
Commissioners Alatorre, Fairley, Guevara-Gluyas, Knox, Salazar, Sharkey, and
Chair Korgan
3. PUBLIC COMMENTS
Persons may address the Commission on any subject matter within the
Commission’s jurisdiction that is not listed as an item on the agenda. State law
generally prohibits the Commission from discussing or taking action on any
issue not included on the agenda, but, if appropriate, the Commission may
schedule the topic for future discussion or refer the matter to staff. If you wish to
speak on any item, please fill out a "Request to Speak" form and submit it to the
Secretary prior to the meeting or submit an electronic comment per the
instructions on page one of this agenda.
4. PRESENTATIONS
The following item(s) will be presentations given to the Commission. Action on
these item(s) is typically limited to the Commission receiving the presentation
and providing direction or feedback to staff, as appropriate.
4.1 BEAUTIFY CHULA VISTA 2023 EVENT
Presenter: Victor Sanchez, Senior Recycling Specialist
5. ACTION ITEMS
The Item(s) listed in this section of the agenda will be considered individually by
the Commission and are expected to elicit discussion and deliberation. If you
wish to speak on any item, please fill out a "Request to Speak" form and submit
it to the Secretary prior to the meeting or submit an electronic comment per the
instructions on page one of this agenda.
5.1 APPROVAL OF REGULAR MEETING MINUTES OF SEPTEMBER 11,
2023
Recommended Action:
Commission review and approve minutes
5.2 SELECTION OF WILDLIFE ADVISORY GROUP (WAG) COMMISSION
REPRESENTATIVE
Recommended Action:
Discuss, nominate and elect commissioner representative
City of Chula Vista Sustainability Commission
November 13, 2023 Agenda Page 2 of 3
5.3 JOINT WASTE TIRE ABATEMENT GRANT APPLICATION 2023 - 2024
Recommended Action:
Commission discuss and recommend City Council approval
OTHER BUSINESS
6. STAFF COMMENTS
7. CHAIR'S COMMENTS
8. COMMISSIONERS' COMMENTS
9. ADJOURNMENT
to the regular meeting on December 11, 2023 at 5:00 p.m.
Materials provided to the Sustainability Commission related to any open-session
item on this agenda are available for public review by contacting the Economic
Development Department at SSC@chulavistaca.gov.
City of Chula Vista Sustainability Commission
November 13, 2023 Agenda Page 3 of 3
From:donotreply@escribemeetings.com on behalf of donotreply
To:Monica Rodriguez (Economic Development)
Subject:Public Comment Received
Date:Monday, November 13, 2023 3:23:00 PM
WARNING - This email originated from outside the City of Chula Vista. Do not click any
links and do not open attachments unless you can confirm the sender.
PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT
BUTTON or to reportphishing@chulavistaca.gov
User Robert Johnson has enter the following comment(s):
SECTION 1. Article 14.5 (commencing with Section 930) is added to Chapter 4 of Part 1 of
Division 1 of the Public Utilities Code, to read: Article 14.5. Powering Up Californians 930.
This act shall be known, and may be cited, as the Powering Up Californians Act. 931. For
purposes of this article, the following definitions apply: (a) “Electrification” means any new,
expanded, or change in use of electricity related to the policies described in Section 933,
including, but not limited to, in the industrial, commercial, agricultural, housing, or
transportation sectors. (b) “Energization” and “energize” mean connecting customers to the
electrical distribution grid and establishing adequate electrical distribution capacity or
upgrading electrical distribution or transmission capacity to provide electrical service for a
new customer, or to provide upgraded electrical service to an existing customer. The
determination of adequate electrical distribution capacity includes consideration of future load.
“Energization” and “energize” do not include activities related to connecting electrical supply
resources. ONCE YOU READ THIS MADE UP LOOSE WRITTEN STATEMENTS YOU
CANT ENFORCE IT. I WILL TELL YOU INPERSON WHY GOAL OF ALL ELECTRIC
ARE OUT OF THIS WORLD.
for PUBLIC COMMENTS in Sustainability Commission- Regular Meeting 11/13/2023
5:00:00 PM
Please log into eSCRIBE to review the submitted comment(s).
1
REGULAR MEETING OF THE SUSTAINABILITY COMMISSION
Meeting Minutes
September 11, 2023, 5:00 p.m.
City Hall, Bldg. #C, Conference Room B-111
276 Fourth Avenue, Chula Vista
Present: Raymundo Alatorre, Commissioner Guevara-Gluyas, John Knox,
Chair Korgan, Hayley Salazar, Jeanine Sharkey
Also Present: Chief Sustainability Officer Gakunga, Environmental Services
Manager Medrano, Secretary Rodriguez
_____________________________________________________________________
1.CALL TO ORDER
A regular meeting of the Sustainability Commission of the City of Chula Vista was
called to order at 5:02 p.m. in Conference Room B-111 located in City Hall,
Building C, 276 Fourth Avenue, Chula Vista California.
2.ROLL CALL
Secretary Rodriguez called the roll.
3.PUBLIC COMMENTS
No public comments submitted
4.PRESENTATIONS
4.1 INTRODUCTION OF NEW COMMISSIONER - JEANINE SHARKEYDRAFT
2
Commissioner Sharkey provided a brief introduction of herself and shared
she has a master's in landscape architecture.
4.2 SAN DIEGO 350 FEEDBACK FROM THREE CLIMATE AND
SUSTAINABILITY SURVEYS
Youth Coordinator Lexi Rueff with San Diego 350 along with Community
Liaison Intern Abby Costello presented results from a survey conducted
regarding green bins, public health and public transit. The data was
collected at a variety of locations and the participant age range varied.
The presentation was concluded by providing some solutions to the three
topics.
4.3 CHULA VISTA COMMUNITY SHUTTLE PROGRAM UPDATE
Chief Sustainability Officer Gakunga shared an update on the Chula Vista
Community Shuttle program. In June 2021 the city was awarded $991,833
to launch the Community Shuttle Program through the Clean Mobility
Options Voucher Program. The program aims to improve access to safe,
reliable, and affordable clean mobility options for underserved
communities. Between June 1, 2022 - August 31, 2023 a total of 20,455 of
rides were provided to 24,264 passengers saving 22.57 metric tons of
greenhouse gas emissions. Gakunga shared that the program was one of
five projects statewide spotlighted by the Office of the Governor in April
2023. The presentation was concluded with future funding opportunities to
allow the program to continue serving residents.
5.ACTION ITEMS
5.1 APPROVAL OF REGULAR MEETING MINUTES OF JULY 10, 2023
Moved by Chair Korgan
Seconded by John Knox
Motion to approve minutes
Yes (5): Raymundo Alatorre, Commissioner Guevara-Gluyas, John Knox,
Chair Korgan, and Hayley Salazar
Abstain (1): Jeanine Sharkey
Result:Carried (5 to 0)
5.2 SELECTION OF WILDLIFE ADVISORY GROUP (WAG) COMMISSION
REPRESENTATIVE DRAFT
3
Item pulled and will be presented on the next commission meeting.
OTHER BUSINESS
6.STAFF COMMENTS
Environmental Sustainability Manager Medrano shared that the NatureScape
event held over the weekend was a great success. Also, per the commissions'
request Medrano spoke on the confusion on the color of containers, trash vs.
recycle and explained how commercials containers differ from residential
containers. The city is working with Republic Services to update the white bins to
avoid any further confusion.
Chief Sustainability Officer Gakunga shared he presented on sustainability and
innovation in the Cities Today Forum which was hosted by the City of Long
Beach. He will also be part of panel in the Clean Mobility Forum taking place in
Los Angeles.
7.CHAIR'S COMMENTS
Chair Korgan gave a strong commendation to Youth for Sustainable Future who
will provide public comments in the upcoming City Council meeting in regard to
the zero-plastic ban.
8.COMMISSIONERS' COMMENTS
Commissioner Salazar shared that having icons on each slide of a presentation
helps reinforce the common international language when it comes to
sustainability.
Commissioner Knox commended Secretary Rodriguez for the CLEAN newsletter.
He then shared that he checked out a kit form the Otay Ranch library and some
of the items did not work even after replacing the batteries, but the kilowatt
reader was a great tool.
9.ADJOURNMENT
The meeting was adjourned at 6:29 p.m.
Minutes prepared by: Monica Rodriguez, Secretary
_________________________
Monica Rodriguez, Secretary DRAFT
CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 1
Exhibit A
Terms and Conditions
Local Government Waste Tire Enforcement
Grant Program Fiscal Year 2023–24
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 Local Government Waste Tire Enforcement 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.
CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 2
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 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 (Exhibit A) and Procedures and
Requirements (Exhibit B) 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.
CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 3
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.
(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
CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 4
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.
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,
CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 5
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 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
CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 6
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.
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.
CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 7
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.
In addition to forfeiture of grant funds, failure to perform as required by this Agreement
may impact Grantee’s eligibility for future grants offered by CalRecycle.
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 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
CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 8
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 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.
CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 9
Limited Waiver of Sovereign Immunity and Consent to
Jurisdiction
The Grantee expressly and irrevocably waives sovereign immunity (and any defenses
based thereon) in favor of CalRecycle, but not as to any other person or entity, as to
any dispute which specifically arises under this Agreement and not as to any other
action, matters or disputes.
The Grantee does not waive its sovereign immunity with respect to (i) actions by third
parties, except for parties acting on behalf of, under authorization from the Grantee or
CalRecycle, or (ii) disputes between the Grantee and CalRecycle which do not
specifically arise under this Agreement. The Grantee further agrees that exhaustion of
tribal administrative remedies, including before any tribal court, shall not be required
prior to proceeding to filing a complaint in the appropriate court of law; and
The Grantee and CalRecycle agree that any monetary damages awarded or arising
under this Agreement shall be exclusively limited to actual direct damages incurred
based on obligations contained in this Agreement that have been demonstrated with
substantial certainty and which do not, in any event, exceed the total amount of the
award under this Agreement. The Grantee and CalRecycle agree not to assert any
claim for damages, injunctive, or other relief which is not consistent with the provisions
of this Agreement; and
The Grantee and CalRecycle may seek, and the Grantee may seek after it has
exhausted any available remedy through the Government Claims Program and the
Program so approves, judicial review for breach of contract in the State Superior Court
for Sacramento County, including any appellate proceedings. The Grantee and
CalRecycle expressly consent to the jurisdiction of such Court, provided that:
(a) No person or entity other than the Grantee and CalRecycle is a party to the action,
unless failure to join a third party would deprive the court of jurisdiction; provided,
however, that nothing herein shall be construed to constitute a waiver of the
sovereign immunity of the Grantee or CalRecycle in respect to any such third party.
(b) The judgment so entered has the same force and effect as, and is subject to all the
provisions of law relating to, a judgment in a civil action, and may be enforced like
any other judgment of the court in which it is entered.
Nothing in this Agreement shall be construed to constitute a waiver of the sovereign
immunity of the Grantee with respect to intervention by any additional party not deemed
an indispensable party to the proceeding. Unless otherwise agreed by the Grantee and
CalRecycle, any dispute resolution meetings or communications, or mediation, shall be
in the context of a settlement discussion to potential litigation and remain confidential to
the extent not prohibited by applicable law.
CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 10
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 (Exhibit A), Procedures and Requirements (Exhibit B), 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:
(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.
CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 11
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 to 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 (Exhibit B).
(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).
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
CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 12
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. Grantee’s violation of this provision shall result
in Grantee’s reimbursement to CalRecycle of the amount of grant funds used to
purchase said equipment and supplies.
(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:
(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.
CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 13
(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 the events listed in Section 17050 of Title 14, California Code of
Regulations, Natural Resources (https://www.calrecycle.ca.gov/laws/regulations/title14),
Division 7, has occurred with respect to the contractor or subcontractor within the
CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 14
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
CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 15
this section may result in forfeiture by the grantee of any funds retained pursuant to
CalRecycle’s 10 percent retention policy.
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.
CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 16
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.
From:donotreply@escribemeetings.com on behalf of donotreply
To:Monica Rodriguez (Economic Development)
Subject:Public Comment Received
Date:Monday, November 13, 2023 2:54:47 PM
WARNING - This email originated from outside the City of Chula Vista. Do not click any
links and do not open attachments unless you can confirm the sender.
PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT
BUTTON or to reportphishing@chulavistaca.gov
User Robert Johnson has enter the following comment(s):
WHY IS IT THE MONEY COMES IN WITH NO OUTLOOK TO THE THE WORK. ALSO
WHY IS THERE NO GRANT LETTER? I SEE TERMS TERMS FOR WHAT ? THERE
ISNT ENOUGH INFORMATION TO COMMENT ON.
for JOINT WASTE TIRE ABATEMENT GRANT APPLICATION 2023 - 2024 in
Sustainability Commission- Regular Meeting 11/13/2023 5:00:00 PM
Please log into eSCRIBE to review the submitted comment(s).
JOINT WASTE TIRE ABATEMENT GRANT
APPLICATION 2023 -2024
Manuel Medrano, Environmental Services Manager
Background:
•California generates 51 million waste
tires generated each year.
•25,000 waste tires are estimated to
remain in stockpiles throughout
California.
•These stockpiles potentially threaten
public health, safety, and the
environment.
How is this issue being addressed?
•The California Tire Recycling Act of 1989 (AB
1843)
•A fee is assessed on the sale of new tires
•California’s waste tire management and
recycling efforts are divided into two
functional areas:
a)Permitting and enforcement activities
b)Recycling and market development
activities.
Local solution:
•Regional/Joint grant with the
City of San Diego
•Education & Outreach
•5-year duration
•Illegal dumping abatement
•Otay Valley Regional Park
Thank you
www.chulavistaca.gov/sustainability
Printed on Recycled Paper, Naturally!
276 FOURTH AVENUE CHULA VISTA CALIFORNIA 91910 (619) 409-3893 FAX (619) 476-5310
MEMO
Office of Sustainability
DATE: November 9, 2023
TO: Sustainability Commission
FROM: Cory Downs, Conservation Specialist
VIA: Monica Rodriguez, Sustainability Commission Secretary
RE: Building Decarbonization Working Group Update
Chula Vista Decarbonization Working Group Recommendation to the Sustainability
Commission
To help reduce greenhouse gas emissions, local air pollution and help achieve the Climate
Action Plan objectives 3.2 clean energy sources and objective 3.3 energy efficiency upgrades,
which have the goals of transitioning new buildings to a Zero Net Energy design and increasing
the amount of energy efficient appliances being installed in homes, City staff leveraged resources
provided by the Statewide Reach Code team (https://localenergycodes.com) to evaluate studies
looking at the impacts of adopting various reach codes that go beyond the state’s minimum
code. Because the studies indicated that, for Chula Vista, an all-electric home with a larger than
required solar system helps lower the upfront price of homes and has lower annual energy utility
bills than a mixed fuel home, City staff initiated the Chula Vista Building Decarbonization
Working Group to solicit feedback from diverse community stakeholders. The working group
had 23 members and held 11 meetings and one public forum from July 2021 through August of
2022. Further analysis for the 2024 Climate Action Plan Update indicates that decarbonizing the
building stock is a key emission reduction strategy for reaching net-zero by 2045 goals and
focusing on new construction is a low impact early step because of the upfront and monthly bill
savings that can be achieved.
New Construction Decarbonization Policy Update
Shortly before presenting the Chula Vista Building Decarbonization Working Group
recommendations to the Sustainability Commission on May 8, 2023, the Ninth Circuit Court of
Appeals ruled that The City of Berkeley’s natural gas ban was preempted by the Federal Energy
Policy and Conservation Act (EPCA). The City of Berkeley is appealing this ruling but because
of the potential legal risk, City staff are not currently able to move forward with the working
group recommendation but will be monitoring Berkeley’s legal appeal and will update the
working group and commission if anything changes. To keep pursuing building decarbonization,
staff will review new studies released by the Statewide Reach Code team and different options
adopted by other jurisdictions, specifically the High-Performance Design approach (more info in
additional resources) and evaluate potential incentives for builders.
To get more input regarding this change, staff met with some working group members including
Climate Action Campaign, SDG&E and the Building Industry Association. Staff held individual
meetings with Brookfield, Baldwin and Sons and HomeFed to gather input from local builders as
Printed on Recycled Paper, Naturally!
276 FOURTH AVENUE CHULA VISTA CALIFORNIA 91910 (619) 409-3893 FAX (619) 476-5310
new construction, occurring primarily in eastern Chula Vista, would be most impacted by any
potential decarbonization requirements imposed by the City. Staff wanted to discuss alternate
measures that would reduce greenhouse gas emissions, such as adopting CALGreen tier 1 or 2
standards, increased electric vehicle charging, an electric-preferred ordinance or additional
energy efficiency requirements for mixed fuel buildings. Some of the feedback staff received is
listed below.
Feedback from Builders
Meetings with these stakeholders were productive and informative. Overall, builders are finding
financial reasons to build multifamily electric projects when feasible within their proformas, but
they did express a desire for incentives with costly development elements such as pool heating in
apartment complexes or servicing mixed-use development (i.e., commercial ground floor with
residential above). Some of their comments included:
• The need to expand the working group scope to include existing homes as that is the
source of most of the energy usage and emissions in Chula Vista’s residential building
stock.
• Concerns with the ability of the electrical grid to support more electricity usage and
request for input from an SDG&E specialist on grid reliability.
o The next SB100 Joint Agency Report will focus on grid reliability, but some
initial findings are found in the 2021 SB100 Joint Agency Report, linked below.
o After meeting with SDG&E, City staff learned that SDG&E can serve all-electric
new buildings because they have an obligation to serve them and that Electric
Distribution Operations, Design and Project Management, Electric Construction,
Customer Success and Regional Public Affairs are the SDG&E departments that
support grid reliability.
• Local developers are currently voluntarily building limited all-electric buildings and
some examples include:
o Village 13
o Vista Mar
o Escaya Phase II (Lennar)
• Concerns over electric appliances and other equipment availability
o Redwood Energy publishes electrification equipment guides, linked below
• A desire for expedited permitting for all-electric projects
• A desire for permit processing to adhere to review times as advertised (3-2-2)
• A desire for incentives on pool heating for apartment complexes
• Interest in CALGreen, Green Point and the National Green Building Standards, but need
to check with lenders if there are benefits on financing
• All builders communicated a desire to let the market drive the electric transition; there
can also be cultural considerations for the transition (i.e., Chinese and Korean buyers
prefer gas infrastructure)
• Concern over the voting structure of the working group, with environmentalist votes
outweighing builder votes
Recommendations
1. Track the City of Berkeley’s appeal to the Ninth Circuit Court of Appeals decision
2. Study potential City incentives for decarbonized buildings
Printed on Recycled Paper, Naturally!
276 FOURTH AVENUE CHULA VISTA CALIFORNIA 91910 (619) 409-3893 FAX (619) 476-5310
3. Review the Statewide Reach Code’s High Performance Design approach report when
released and follow up with working group if a cost-effective ordinance is identified that
encourages decarbonized new construction
Next Steps
Staff will continue to study the legal framework around electrification ordinances and issues
raised by stakeholders and pass along decarbonization solutions to working group members.
Additionally, staff will be reaching out to developers to learn more about the existing all-electric
projects to spotlight these early actions. If you are aware of any all, or mostly all-electric
projects not listed above, please inform Office of Sustainability staff. The Climate Action Plan
is currently being updated and staff is planning for community input on the draft, expected in the
first half of 2024. The working group will be updated on various ways to provide input during
the commenting period (online and in-person events being planned). Staff will engage the
working group to update members and begin evaluation options for existing buildings shortly
thereafter.
Additional Resources
Decarbonization Working Group Page
• https://chulavistaca-
my.sharepoint.com/:w:/g/personal/cdowns_chulavistaca_gov/EcFa7rZC0wNJoNd2puim
EyQBsx2ME5pgwh2QX859X23uVw?e=964nK3
o New Share Point link is only accessible to working group members, if you
would like access, please email cdowns@chulavistaca.gov
High Performance Design Presentation
• www.youtube.com/watch?v=64flzaVIyOc
SB 100 Joint Agency Report
• www.energy.ca.gov/publications/2021/2021-sb-100-joint-agency-report-achieving-100-
percent-clean-electricity
SB 410 – Sets reasonable average and maximum project energization times and requires a third-
party audit utility planning for planned demand growth.
• Bill Text - SB-410 Powering Up Californians Act
Redwood Energy Electrification Guides
• www.redwoodenergy.net/research
Zero Emission Building Tracker
• https://buildingdecarb.org/resource/zero-emission-building-ordinances-tracker
Electrification contractor and rebate information
• https://switchison.org/
SDG&E - The Path to Net Zero: A Decarbonization Roadmap for California
• www.sdge.com/netzero
Printed on Recycled Paper, Naturally!
276 FOURTH AVENUE CHULA VISTA CALIFORNIA 91910 (619) 409-3893 FAX (619) 476-5310
Joint Agency Reliability Planning Assessment: SB 846 Second Quarterly Report | California
Energy Commission
• www.energy.ca.gov/publications/2023/joint-agency-reliability-planning-assessment-sb-
846-second-quarterly-report
Jo
Climate Action &
a movie
18 November
2023
Learn about actions you can take to reduce
greenhouse gas emissions and watch the movie
“2040”, a story of hope that looks at the very real
possibility that humanity could reverse global
warming and improve the lives of every living thing
in the process.
More Info
Conservation@chulavistaca.gov
www.chlavistaca.gov/sustainability
11:00 to 2:00
Civic Center Library
365 F St, 91910
619-476-2442
Light vegan lunch provided before
the movie. Movie starts at noon
Join Us!
Test out a loaner induction cooktop. Benefits include:
* Faster cooking time * Cooler kitchen
* Accurate control * Energy efficient
* Safer - no flames, no dangerous, unhealthy gases
BORROW AN INDUCTION
COOKTOP FOR FREE!
Visit ehomecooktops.com
for more information.