HomeMy WebLinkAboutAgenda Packet 2005/02/15
CITY COUNCIL AGENDA
February 15, 2005 6:00 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
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CllY OF
CHUlA VISTA
City Council
Patty Davis
John McCann
Jerry R. Rindone
Steve Castaneda
Stephen C. Padilla, Mayor
City Manager
David D. Rowlands, Jr.
City Attorney
Ann Moore
City Clerk
Susan Bigelow
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The City Council meets regularly on the first calendar Tuesday at 4:00 p.m.
and on the second, third and fourth calendar Tuesdays at 6:00 p.m.
Regular meetings may be viewed at 7:00 p.m. on Wednesdays on
Cox Cable Channel 24 or Chula Vista Cable Channel 68.
Agendas are available on the City's website at:
www.chulavistaca.gov
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AGENDA
February 15, 2005
6:00 P.M.
CALL TO ORDER
ROLL CALL: Councilmembers Castaneda, Davis, McCann, Rindone, and Mayor Padilla
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
CONSENT CALENDAR
(Items I through 4)
The Council will enact the Consent Calendar staff recommendations by one
motion, without discussion, unless a Councilmember, a member of the public, or
City 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 after Action Items.
1. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING ORDINANCE NO. 2850 AND AUTHORIZING THE LEVY OF A
SPECIAL TAX IN IMPROVEMENT AREA B OF COMMUNITY FACILITIES
DISTRICT NO. 2001-1 (SAN MIGUEL RANCH) PURSUANT TO A REVISED RATE
AND METHOD OF APPORTIONMENT OF SPECIAL TAX (SECOND READING)
This ordinance amends Ordinance No. 2850 and authorizes the levy of special taxes on
taxable properties located in Improvement Area B ofCFD 2001-1, pursuant to the revised
rate and method of apportionment of special taxes. This ordinance was introduced on
February 8, 2005. (Director of General Services, City Engineer)
Staff recommendation: Council adopt the ordinance.
2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND THE SAN DIEGO UNIFIED PORT DISTRICT FOR
TIDELAND MAINTENANCE SERVICES AND AUTHORIZING THE MAYOR TO
EXECUTE THE AMENDMENT
Under an agreement with the San Diego Unified Port District, City forces have
maintained Port District parks and other landscaped areas within Chula Vista since
September 1977. An amendment to the current three-year maintenance agreement
between the City and the San Diego Unified Port District is required to reflect increases
in staff costs. (Director of Public Works Operations)
Staff recommendation: Council adopt the resolution.
Page 1 - Council Agenda
February 15, 2005
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AGREEMENT WITH NSC COMMUNICATIONS FOR
INSTALLATION AND MAINTENANCE OF PAY TELEPHONES AT CITY BUS
STOPS AND OTHER CITY FACILITIES
The City has had a contract since 1995 for the installation and maintenance of pay
telephones at many City bus stops and various other locations. This contract allows NSC
Communications to install pay telephones in the City's right-of-way (bus stops and other
City facilities) for 40 percent of the gross revenue of each phone. The current contract is
about to expire, and staff has renegotiated the contract with NSC Communications for the
same terms and conditions. (Director of Management and Information Services)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROPRIATING FUNDS TO CONDUCT A TRANSIENT OCCUPANCY TAX
COMPLIANCE AUDIT ON HOTELS AND MOTELS LOCATED WITHIN THE CITY
OF CHULA VISTA (4/5THS VOTE REQUIRED)
It is anticipated that conducting Transient Occupancy Tax (TOT) compliance audits will
assist the City in recovering additional TOT revenue, while at the same time educating
hotels and motels to ensure future compliance with the City's ordinances. (Director of
Finance)
Staff recommendation: Council adopt the resolution.
ORAL COMMUNICATIONS
Persons speaking during Oral Communications 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 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 items have been advertised as public hearings as required by law.
If you wish to speak on any item, please fill out a "Request to Speak" form
5. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO THE FISCAL YEAR
2004/2005 ANNUAL ACTION PLAN TO REALLOCATE $2,185,899.47 OF
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
On May 11, 2004, the City Council approved Fiscal Year 2004/2005 CDBG and HOME
program Annual Action Plan and authorized its submittal to the U.S. Department of
Housing and Urban Development (HUD). Subsequently, HUD program monitors
identified issues regarding the City's program. Adoption of the following resolution
resolves those issues. (Director of Community Development)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
Page 2 - Council Agenda
February 15, 2005
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2004/2005 CDBG/HOME ANNUAL
ACTION PLAN TO REALLOCATE $2,185,899.47 OF COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS, AUTHORIZING SUBMITTAL
OF THE 2004/2005 ANNUAL ACTION PLAN AMENDMENT TO THE
UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, AND TRANSFERRING/APPROPRIATING FUNDS
THEREOF
ACTION ITEMS
The items 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.
6. CONSIDERATION OF ADOPTING A COUNCIL POLICY REGARDING ENERGY
CONSERVATION AND RENEWABLE ENERGY GUIDELINES FOR CITY
BUILDINGS AND FACILITIES
The proposed building energy efficiency policy establishes energy conservation and
renewable energy guidelines for City buildings and facilities. Adoption of the policy
results in more efficient and environmentally sustainable City buildings and facilities that
use less energy, save money, and help to protect the environment. (Director of
Conservation and Environmental Services)
Staff recommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING COUNCIL POLICY NO. 840-03, REGARDING ENERGY
CONSERVATION AND RENEWABLE ENERGY GUIDELINES FOR CITY
BUILDINGS AND FACILITIES
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
7. CITY MANAGER'S REPORTS
8. MAYOR'S REPORTS
9. COUNCIL COMMENTS
ADJOURNMENT to an Adjourned Regular Meeting on February 15, 2005, at 7:00 p.m. in
the Council Chambers for the purpose of a workshop with the Planning
Commission; and thence to the Regular Meeting of February 22, 2005, at
6:00 p.m. in the Council Chambers.
Page 3 - Council Agenda February 15, 2005
~ ~ ft.- Mayor and City Council
~ City of Chula Vista
~ 276 Fourth Avenue
...."...,., Chula Vista, CA 91910
CnYOF (619) 691-5044
(HUlA VISTA (619) 476-5379 FAX
MEMO
Tuesday, February 15, 2005
TO:
FROM:
The Honorable Mayor & City Council
Monica Pedraza
SUBJECT:
REQUEST FOR EXCUSED ABSENCE
Council member Jerry Rindone has requested an excused absence
from the regular City Council meeting of February 15, 2005.
ThankYou.
Cc: City Manager
City Attorney
City Clerk
Tom Oriola
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ORDINANCE NO. ~~ ~a
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ORDINANCE OF THE CITY COUNCIL OF ~~ OF CHULA VISTA,
CALIFORNIA, AMENDING ORDINANCE N~~ð AND AUTHORIZING THE
LEVY OF A SPECIAL TAX IN IMPROVEMENT AREA B OF COMMUNITY
FACILITIES DISTRICT NO. 2001-1 (SAN MIGUEL RANCH) PURSUANT TO A
REVISED RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "City
Council"), has initiated proceedings, held a public hearing, conducted an election and received a
favorable vote from the qualified electors authorizing the levy of separate special taxes in separate
improvement areas of a community facilities district, all as authorized pursuant to the terms and
provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1. Division
2, Title 5 of the Government Code of the State of California (the "Act") and the City of Chula Vista
Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula
Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the
"Ordinance") (the Act and the Ordinance may be referred to collectively as the "Co=unity Facilities
District Law"). This Community Facilities District is designated as COMMUNITY FACILITIES
DISTRICT NO. 2001-1 (SAN MIGUEL RANCH) (the "District") and the improvement areas therein
are designated as IMPROVEMENT AREA A and IMPROVEMENT AREA B (individually, an
"Improvement Area" and collectively, the "Improvement Areas"); and
WHEREAS, the City Council, acting as the legislative body of the District, previously enacted
Ordinance No. 2850 to authorize the levy of special taxes within Improvement Area A and Improvement
Area B pursuant to a separate rate and method of apportionment applicable to each respective
Improvement Area; and
WHEREAS, the City Council, has initiated proceedings, held a public hearing, conducted an
election and received a favorable vote from the qualified electors of Improvement Area B authorizing
the levy of special taxes therein pursuant to a revised rate and method of apportionment thereof
The City Council of the City of Chula Vista, California, acting as the legislative body of Community
Facilities District No. 2001-1 (San Miguel Ranch), does hereby ordain as follows:
SECTION 1. This City Council does, by the passage of this ordinance, authorize the levy of
special taxes on taxable properties located in Improvement Area B pursuant to the Revised Rate and
Method of Apportionment of Special Taxes as set forth in Exhibit "A" attached hereto and incorporated
herein by this reference (the "Revised Rate and Method").
SECTION 2. This City Council, acting as the legislative body of the District, is hereby further
authorized, by Resolution, to annually determine the special tax to be levied within Improvement Area B
for the then current tax year or future tax years; provided, however, the special tax to be levied in
Improvement Area B shall not exceed the maximum special tax authorized to be levied pursuant to the
Revised Rate and Method.
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SECTION 3. The special taxes herein authorized to be levied within Improvement Area B, to
the extent possible, shall be collected in the same manner as ad valorem property" taxes and shall be
subj ect to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable
for ad valorem taxes; provided, however, the District may utilize a direct billing procedure for any
special taxes that cannot be collected on the County tax roll or may, by resolution, elect to collect the
special taxes at a different time or in a different manner if necessary to meet its fmancial obligations.
SECTION 4. The special taxes authorized to be levied in Improvement Area B shall be secured
by the lien imposed pursuant to Sections 3114.5 and 3115.5 of the Streets and Highways Code of the
State of California, which lien shall be a continuing lien and shall secure each levy of the special tax.
The lien of the special tax shall continue in force and effect until the special tax obligation is prepaid,
permanently satisfied and canceled in accordance with Section 53344 of the Government Code of the
State of California or until the special tax ceases to be levied by the City Council in the manner provided
in Section 53330.5 of said Government Code.
SECTION 5. This Ordinance shall, upon becoming effective, amend and supercede any and all
provisions of Ordinance No. 2850 pertaining to the authorization to levy special taxes within
Improvement Area B of the District. All provisions of Ordinance No. 2850 pertaining to the
authorization to levy special taxes within Improvement Area A of the District shall remain in full force
and effect.
SECTION 6. This Ordinance shall be effective thirty (30) days after its adoption. Within
fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be published in a
newspaper of general circulation in the City pursuant to the provisions of Gove=ent Code Section
36933.
Introduced at a regular meeting of the City Council of the City of Chula Vista, California, on February
8, 2005;
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Enacted at a regular meeting of the City Council of the City of Chula Vista, California, held on the
day of , 2005, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST
APPROVED AS TO FORM:
Jack Griffm
Director of General Services
1-3
COUNCIL AGENDA STATEMENT
Item~
Meeting Date: 02/15/05
ITEM TITLE:
Resolution Approving the first amendment to the Agreement between
the City ofChula Vista and the San Diego Unified Port District for Tideland
maintenance services and authorizing the Mayor to execute the amendment.
SUBMITTED BY: Director ofPu~ic Works Operations' t/; /
"~ ~A
REVIEWED BY: City Manager f..r I)V . (4/5th Vote __Yes ~ No)
Under an agreement with the Port District, City forces have maintained Port District parks and
other landscaped areas within Chula Vista since September 1977. An amendment to the current
three-year maintenance agreement between the City Of Chula Vista and the San Diego Unified
Port District is required to reflect increases in staff costs.
BOARD/COMMISSION RECOMMENDATION: Not applicable.
RECOMMENDATION: That Council adopt the resolution amending the agreement between the
Port of San Diego and the City Of Chula Vista for FY 2003, 2004 and 2005. And authorize the
Mayor to execute the amendment.
DISCUSSION:
Since 1977, The City has maintained the Port District property at the Chula Vista Bay front
Park, Marina View Park, Bayside Park and landscaped medians on Tidelands Avenue between
Sandpiper Way and West "J" Street, pursuant to written agreements between the City and the
Port District. Maintenance includes mowing, edging, litter control, pruning, weed control,
irrigation repairs and restroom cleaning. Basically, maintain turf and planter areas in accordance
with acceptable green industry and Port District standards. On May 28, 2002, the City Council
approved Resolution No.2002-170, which authorized a three-year Agreement between the City of
Chula Vista and the San Diego Unified Port District to maintain these areas for the period of July
1,2002, through June 30,2005. The resolution approved an agreement amount not to exceed
$1,098,464.
Over the last few months, City and Port District staffs have been working together to address
increases in staff costs for FY 2004 and FY 2005 resulting from rising PERS and Workers
Compensation costs for City employees (See Amendment No.1). Inclusion of these increased
costs exceeds the amount approved by the agreement, and therefore requires an amendment to
the Agreement and additional appropriations by the Port District.
2-1
Page 2 Item ~
Meeting Date: 02/15/05
This amendment will continue to provide the same level of maintenance for the Port District property
with a not to exceed amount of$I,152,659.
FISCAL IMPACT:
The funds received ITom the Port District based on this amendment will fully reimburse the
City's operational expenditures including staff and overhead costs. These increased costs were
already reflected in the City's adopted budgets for FY2004 and 2005. Therefore, there is no
impact to the City's general fund.
Attachment: Amendment No.1
2-2
RESOLUTION NO. 2005-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE FIRST AMENDMENT TO THE
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE
SAN DIEGO UNIFIED PORT DISTRICT FOR TIDELAND
MAINTENANCE SERVICES AND AUTHORIZING THE MAYOR
TO EXECUTE THE AMENDMENT
WHEREAS, since 1977, the City has maintained the Port District property
at the Chula Vista Bayfront Park, Marina View Park, Bayside Park and
landscaped medians on Tidelands Avenue between Sandpiper Way and West "J"
Street, pursuant to written agreement between the City and the Port District; and
WHEREAS, maintenance, according to acceptable green industry and
Port District standards, includes mowing, edging, litter control, pruning, weed
control, irrigation repairs and restroom cleaning; and
WHEREAS, on May 28, 2002, the City Council approved Resolution No.
2002-170, which authorized a three-year Agreement between the City of Chula
Vista and the San Diego Unified Port District to maintain these areas for the
period of July 1, 2002, through June 30, 2005; and
WHEREAS, the resolution approved an agreement amount not to exceed
$1,098,464; and
WHEREAS, City and Port District staffs have been working together to
address increases in staff costs for FY 2004 and 2005 resulting from rising PERS
and Workers Compensation costs for City employees; and
WHEREAS, inclusion of these increased costs exceeds the amount
approved by the agreement, and therefore requires an amendment to the
Agreement and additional appropriation by the Port District; and
WHEREAS, this amendment will continue to provide the same level of
maintenance for the Port District property with a not to exceed amount of
$1,152,659; and
WHEREAS, the funds received from the Port District based on this
amendment will fully reimburse the City's operational expenditures including staff
and overhead costs.
2-3
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of
Chula Vista does hereby approve the first amendment to the Agreement between
the City of Chula Vista and the San Diego Unified Port District for Tideland
maintenance services,
IT IS FURTHER RESOLVED the City Council of the City of Chula Vista
does hereby authorize the Mayor to execute the amendment.
Presented by:
Approved as to form by:
David Byers
Director of Public Works Operations
J:\attorney\reso\amendment\Port -Tideland maintenance
2-4
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Dated: February 9,2005
FIRST AMENDMENT TO THE AGREEMENT WITH
THE SAN DIEGO UNIFIED PORT DISTRICT FOR
TIDELAND MAINTENANCE SERVICES
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AMENDMENT NO.1
SAN DIEGO UNIFIED PORT DISTRICT
and
CITY OF CHULA VISTA
for
TIDELANDS MAINTENANCE SERVICES
Agreement No. 18-2002
The parties to Amendment NO.1 to the Agreement are the SAN DIEGO UNIFIED
PORT DISTRICT, a public corporation (District) and the CITY OF CHULA VISTA, a
municipal corporation (City),
Recitals:
District and City are parties to an Agreement whereby City provides tidelands
maintenance services on District property located within the City of Chula Vista, California,
The Agreement is on file in the office of the District Clerk as Document No, 44326, dated
October 21,2002,
The Parties AQree:
1, Section 1, SERVICES TO BE PROVIDED, subsection A, shall be deleted in
its entirety and replaced with the following:
A. City shall provide personnel, supervision, equipment, and materials
as necessary to provide cleaning, landscape maintenance, and minor
facilities maintenance of District tidelands as specified in attached
Exhibit A and incorporated herein, Specified District tidelands are
located in the area of "J" Street Marina at the Bayside Park, Chula
Vista Bayfront Park, Marina View Park, and other landscaped areas,
medians, floats, parking lots, piers, ramps, and riprap.
2, Section 3, CONSIDERATION, subsection A, shall be deleted in its entirety
and replaced with the following:
~
Agreement: 18-2002, Amendment No, 1
City: City of Chura Vista,
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2-6
A. In consideration for the foregoing performance by the City, District
shall pay City the amount of $347,734.00 for Fiscal Year 2002/03
(July 1, 2002 - June 30, 2003), This amount represents a reduction
of $3,257.00 from the original projected budget amount of
$350,991,00, for a new not to exceed actual costs of $347,734,00 for
Fiscal Year 2002/03,
In consideration for the foregoing performance by the City, District
shall pay City the amount of $383,248,00 for Fiscal Year 2003/04
(July 1, 2003 - June 30, 2004), This amount represents an increase
of $17,470,00 from the original projected budget amount of
$365,778.00, for a new not to exceed actual costs of $383,248,00 for
Fiscal Year 2003/04.
In consideration for the foregoing performance by the City, District
shall pay City $421,677.00 for Fiscal Year 2004/05 (July 1, 2004 -
June 30, 2005), This represents an increase of $39,982.00 from the
original projected budget amount of $381,695.00, for a new projected
budget amount not to exceed $421,677,00 for Fiscal Year 2004/05,
3. Section 3, CONSIDERATION, subsection D, shall be deleted in its entirety
and replaced with the following:
D. Payment for the Fiscal Year shall be paid in quarterly installments
upon the City's written request to District anytime after the first day of
each calendar quarter of the term of the Agreement. District agrees
to reimburse City within thirty (30) days of receipt of a properly
prepared request for reimbursement. The City's request for
reimbursement shall be based on successful completion of services
provided in Exhibit S, Maintenance Specifications, Scope of Work and
be documented in detail, by each line item.
Agreement 18-2002, Amendment No.1
City: City of Chula Vista,
Rn;¡rn n.::ltP.· Fp.hnJ;:'Irv?? ?nn.~
2-7
4, Section 5, STATEMENT OF ACTUAL COSTS INCURRED, subsection B,
shall be deleted in its entirety and replaced with the following:
B. If the approved actual costs are greater than the Fiscal Year's projected
budget amount as described in Paragraph 5.A above, an amendment to
the Agreement shall be required. Within 30 days of receiving District's
Board approval and a fully executed amendment increasing the total
Agreement amount, the City shall be reimbursed for their additional
expenses,
5. Section 5, STATEMENT OF ACTUAL COSTS INCURRED, subsection C
shall be added in its entirety:
C. If District does not receive a final accounting in the form of a
Statement of Actual Cost Incurred for providing subject services for
the prior year, by September 30, the District shall assume that the
City's actual cost incurred are either equal or less than the City's
projected budget amount for the Fiscal Year in question.
6, Section 5, STATEMENT OF ACTUAL COSTS INCURRED, subsection D
shafi be added in Its entirety:
D, Per subsections 3,B and 3.C; District shall receive written notification
in order to adjust any line item amount. All fine item adjustments shall
be approved by the District prior to the completion of the Fiscal Year.
7, Exhibit C BUDGET SUMMARY shall be deleted in its entirety and
replaced with attached Exhibit C.1,
-
Agreement: 18-2002, Amendment No.1
City: City of Chura Vista.
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2-8
-- ~"...._-_._._--_._----~~_...... .._.-----~---_.,'---,-
8, All other terms, covenants, and conditions in the original Agreement shall
remain in full force and effect and shall be applicable to this amendment.
Effective Date: February 23, 2005
SAN DIEGO UNIFIED PORT DISTRICT
CITY OF CHULA VISTA
Pete Cruz, Director
General Services
Stephen C. Padilla, Mayor
City of Chula Vista
PORT ATTORNEY
CITY ATTORNEY
ATTEST:
CITY CLERK
Agreement: 18-2002, Amendment No.1
City: City of Chula Vista.
Rn::¡rrl n::¡tR" FF'hnr,qrv?? ?nns
2-9
EXHIBIT C.1
MAINTENANCE AGREEMENT WITH CITY OF CHULA VISTA
(FY 2003 and FY 2004)
Object Description FY03 FY03 FY04 FY04
Projected Actual Projected Actual
Budget Costs Budget Costs
6001 Salaries $150,412 $ 138,078 $ 154,511 $ 151,467
6005 Wages-Hourly 13,532 12,480 14,209 15,970
6101 Overtime-Regular 3,603 3,677 3,693 1,631
6122 Differential-Bilingual 2,070 925 2,070 1,638
6125 Differential- Certification Pay 0 0 0 931
6151 Sick in Lieu 0 355 0 0
6201 Flex/Insurance 26,534 25,490 29,187 30,477
6551 PERS 11,949 19,994 13,613 34,230
6222 PARS 507 468 533 561
6231 Medicare 2,457 1,769 2,530 2,524
6281 Workers Comp 623 1,228 664 23,960
Personnel $ 211,548 $ 204,464 $221,010 $ 263,389
Services Totals
6401 Other Contractual Services $10,188 $ 5,491 $ 10,697 $4,138
6499 Laundry and Cleaning 900 630 945 863
6543 Training 890 0 935 25
6571 Phone Service 900 546 945 684
6573 Trash Collec, & Disp, 1,256 0 1,319 769
6574 Water 6,007 992
6632 Main!.-Other Equip, 370 0 389 778
6641 Fleet Main!. Charges 13,962 13,962 14,660 12,658
6642 Equip, Replcmt. Chgs, 8,147 8,117 8,523 8,694
6811 Janitorial Supplies 4,000 4,148 4,200 2,551
6814 Landscape Supplies 8,897 9,476 9,342 10,400
6831 Small Tools 210 282 221 654
6881 Wearing Apparel 500 817 626 941
6888 Safety Equipment<$1000 800 154 840 407
69111 Mats to Main-Bldgs, & Grounds 16,000 16,080 16,800 14,381
Supplies & Services Totals $ 66,990 $ 65,710 $ 70,340 $ 57,943
TOTAL $ 278,538 $ 270,174 $ 291,350 $ 321,332
Administrative Overhead $ 72.453 $ 77.560 $ 74.428 $ 81,561
(Credit Adjustment) $-19,645
GRAND TOTAL $ 350,991 $ 347,734 $ 365,778 $ 383,248
Agreement: 18-2002, Amendment NO.1
City: City of Chula Vista.
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2-10
EXHIBIT C.1
MAINTENANCE AGREEMENT WITH CITY OF CHULA VISTA
(FY 2005)
Object Description FY05 FY05 FY05
Original New Actu a I
Projected Projected Costs
Budget Budget
6001 Salaries $ 159,930 $ 158,948
6005 Wages-Hourly 14,919 14,494
6101 Overtime-Regular 3,822 3,463
6122 Differential-Bilingual 2,070 1,200
6125 Differential- Certification Pay 0 0
6151 Sick in Lieu 0 0
6201 Flex/Insurance 32,106 30,222
6551 PERS 14,084 42,063
6222 PARS 559 544
6231 Medicare 2,621 2,550
6281 Workers Comp 688 24,182
Personnel $ 230,800 $ 277,666
Services Totals
6401 Other Contractual Services $11,232 $ 10,638
6499 Laundry and Cleaning 992 900
6543 Training 981 890
6571 Phone Service 992 900
6573 Trash Collec, & Disp, 1,385 1,256
6574 Water 0 0
6632 Main!.-Other Equip. 408 370
6641 Fleet Main!. Charges 15,393 10,942
6642 Equip, Replcm!. Chgs, 8,949 8,868
6811 Janitorial Supplies 4,410 4,000
,,8-14 Landsoape Supplies 9,809 8,914
6831 Small Tools 232 210
6881 Wearing Apparel 551 500
6888 Safety Equipment<$1000 882 800
69111 Mats to Main-Bldgs, & Grounds 17,640 18,258
Supplies & Services Totals $ 73,856 $ 67,446
TOTAL $ 304,657 $ 345,112
Administrative Overhead $ 77.039 $ 76,565
GRAND TOTAL $ 381.695 $ 421,677
Agreement: 18·2002, Amendment No.1
City: City of Chula Vista.
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COUNCIL AGENDA STATEMENT
Item
Meeting Date
3
02/15/05
ITEM TITLE: COUNCIL RESOLUTION Approving Agreement with NSC Communications
for the installation and maintenance of pay telephones at City
bus stops and other City facilities.
SUBMITTED BY: Director of Management & Information service~
REVIEWED BY: City Manager&}ol 91 (4/5ths Vote: Yes No-.!....)
The City has had a contract since 1995 for the installation and maintenance of
pay telephones at many City bus stops and various other locations (including
City facilities). This contact allows the vendor to install pay telephones in
the City's right-of-way (bus stops) for 40% of the gross revenue of each phone.
This contract is about to expire and staff has renegotiated the contact with
NBC Communications for the same terms and conditions as the previous contract.
RECOMMENDATION: That Councii adopt resolution approving the contract with NSC
for the installation and maintenance of pay telephones at selected City bus
stops and other City facilities.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable
DISCUSSION:
In 1995 staff issued a Request for Proposal (RFP) to find interested/qualified
vendors to install and maintain pay telephones at various bus stops throughout
the City. Staff completed the process and in September of 1995 Council
approved a contract with Dillon Telephone Company, who was the highest rated
vendor and provided the City with the greatest revenue potential. During the
past ten years the pay telephone industry has been shrinking, mostly due to the
increased use of cellular phones. Not surprisingly, Dillon Telephone has
merged twice in the past ten years, first with Pacific Coin and just recently
with NBC communications. Throughout this time the City has continued to
receive the same service as well as the same revenue terms as stated in our
contract. Staff has negotiated a new contract with NSC Communications with the
same terms and conditions as the previous contract.
During the past ten years the City's share of revenue from these phones has
been over $80,000. In addition, the pay phones provide a service to citizens
that do not have access to cell phones. While it is generally expected that
amount of revenue from pay telephones will gradually decline over time, the
City can still anticipate revenues in the range of $4,000 - $5,000 per year
from this contract.
-
3-1
Page 2, Item
Meeting Date
3
02/15/05
Fiscal Impact
There will be no expenditure of funds by the City for this project. All of the
purchase, installation, and maintenance of the telephones will be provided by
the vendor. It is estimated that revenues generated from this project will be
about $4,000 - $5,000 per year.
3-2
RESOLUTION NO,2005-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF-
CHULA VISTA APPROVING AGREEMENT WITH NSC
COMMUNICATIONS FOR THE INSTALLATION AND
MAINTENANCE OF PAY TELEPHONES AT CITY BUS STOPS
AND OTHER CITY FACILITIES
WHEREAS, in 1995 staff issued a Request for Proposal (RFP) to find interested/qualified
vendors to install and maintain pay telephones at various bus stops throughout the City; and
WHEREAS, staff completed the process and in September of 1995 Council approved a
contract with Dillon Telephone Company, who was the highest rated vendor and provided the City
with the greatest revenue potential; and
WHEREAS, Dillon Telephone Company has merged twice in the past ten years, first with
Pacific Coin and just recently with NSC Communications; and
WHEREAS, throughout this time, the City has continued to receive the same service as well
as the same revenue terms as stated in our contract; and
WHEREAS, staff has negotiated a new contract with NSC Communications for the period
Febmary 1, 2005 through January 31,2008, with the same terms and conditions as the previous
contract; and
WHEREAS, during the past ten years, the City's share of revenue ftom these phones has
been over $80,000; and
WHEREAS, the pay phones provide a service to citizens that do not have access to cell
phones; and
WHEREAS, the City anticipates revenues in the range of$4,000 - $5,000 per year ftom this
contract.
NOW, THEREFORE, BE IT RESOLVED the City Council ofthe City ofChula Vista does
hereby approve the Agreement with NSC Communications for the installation and maintenance of
pay telephones at City bus stops and other City facilities and authorizes the Mayor to execute said
Agreement on behalf of the City,
Presented by
Louie Vignapiano
Director of Management and
Information Services
J :\Attomey\RESO\agreements\NSC contract
3-3
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Dated: February 9,2005
AGREEMENT WITH NSC COMMUNICATIONS
FOR THE INSTALLATION AND MAINTENANCE
OF PAY TELEPHONES AT CITY BUS STOPS
-
3-4
Agreement Between
City of Chula Vista and NSC Communications
To Provide Pay Phone Services at Various Locations on City·Owned Property
This agreement ("Agreement"), dated on . 20_ for the purposes of reference only, and effective as
of the date last executed is between the two Parnes: City of Chula Vista, as such C'CIty'), a municipal chartered corporation of the
State of California, and NSC Communications Pubiic Services Corporation, as such ("Vendor'),
NOW, THEREFORE, BE IT RESOLVED that the City and Vendor do hereby mutually agree as follows:
1, Term. This Agreement is for a term of three (3) years, beginning on the 1 st day of February 2005 and ending the 31" day of
January 2008, After the initiai term expires, the agreement shall defauit to successive one (1) year terms, The one (1) year
terms shall be terminable at any time and at either Party's convenience (with or without cause) once the Party desiring to
terminate has given thirty (30) calendar days written notice, After the final term of this Agreement expires, Vendor shall compiy
with Section 13 (B) and (C) of this Agreement.
2, Revenue/Commissions Due Citv,
A, As consideration for performance of the duties described herein, every month Vendor shall pay City forty percent (40%)
of the non-adjusted gross coin revenue attributed to each phone, Payment for a parncular month is due thirty (30) days
after the end of that month,
8, If City fails to receive the aforementioned commissions, fees, or sponsorships within fifteen (15) calendar days of the due
date specified for each item listed above, the payment shall be considered delinquent and a penalty of 10% of the amount
due shall be applied and collected, For any payments not received within thirty (30) days after being bliled, an additional
penalty of 1,5% per month multiplied by the amount due and any accrued penalties shall be applied and collected,
3, VENDORS Duties.
A. Vendor shall provide pay phone services by installing pay phone equipment at the locations listed in Exhibit A, Installation
of the pay phone equipment shall be completed within thirty (30) days of the effective date of this Agreement. Exhibit A
may be amended from time to time with the written concurrence of both Parnes, When replacing or initially installing pay
phone equipment, Vendor shall use new equipment or equipment less than four (4) years old,
8, Notwithstanding the written concurrence requirement found in Section 3(A), City may order the removal of a particular pay
phone without the consent of Vendor, Such order must be in writing and Vendor must remove the specified equipment
within one week of receiving the order. Vendor shall not be entitled to any damages or compensation, including, but not
limited to loss of expected profits, caused by the City's order of removal.
C, ANY cost associated with the installation, maintenance and operation of the pay phone service/equipment including, but
not limited to: delivery, assembly, set-up, coin collection, repairs, telephone blils, local exchange carrier charges, and taxes
shall be borne solely by Vendor, Security enclosures, and their design, require written City approval before being installed.
D, Vendor retains ownership and title to all pay phone equipment placed on City premises, The City shall not be responsible
for any theft, damage, vandalism, tampering, or other loss to machines provided,
E, Vendor is responsible for removing all monies from the pay phones, Smart cards, debit cards, bankcards, vouchers, or
tokens may be used in conjunction with cash, Vendor shall further be responsible for handling all refunds and consumer
complaints,
F, Vendor shall keep pay phone equipment clean and operational. Other than simple operating instructions and product
identification~ong distance service markings, no edvertising shall be displayed without obtain the City's approval in writing,
G, Vendor personnel or agents shall be courteous to the public and City staff, Service technicians shall wear clothing (shirts,
caps, etc,) and drive vehicles that clearty identify them as Vendor employees,
Chula VistalNSC Communications
Pay Phone Services Agreement
3-5
Page 1 of?
H, The cost to make a local call shall be set by mutual agreement. Should both parties fail to reach a consensus on sale
prices, Vendor agrees to Institute a price point no higher than the average rate charged by Vendor at all other locations
in California,
I. Vendor agrees to repair, replace or remove malfunction pay phone equipment within forty-eight (48) hours of being notified
by City or any other party of the malfunction,
J. Vendor shall process all requests for refund within seventy-two (72) hours of being notified by City or pay phone user. If
due, the refund must be mailed (first class) or made available at a place of business within Chula Vista before the end of
the aforementioned seventy-two (72) hour period,
K. Monthly usage reports shall be provided for each machine installed, Monthly statements and remittance shall be submitted
not later than thirty (30) days after the end of the calendar month for which the accounting is made, The City reserves the
right to audit the accounts,
4, CITY's Duties,
A. City shall provide Vendor with adequate space for equipment as may be required by Vendor to carry out its contractual
obligations.
B. Notwithstanding Section 3(C) of this Agreement, City will allow the Vendor to use City's electricity to operate its payphone
equipment. If an electrical hook-up is not available at a site where Vendor wishes to locate a machine, then Vendor may
request installation of wiring, The City retains sole discretion as to whether or not additional hook-ups will be provided,
5, Non-Exclusive Aareement. Vendor understands that this Agreement does NOT provide Vendor with an exciusive right to use
City-owned property to locate its pay phone equipment. City may install its own equipment/service or allow other pay phone
providers to locate equipment on City property,
6. Requirements Contract. Vendor signiffes its understanding and agreement by signing this document, that this Agreement is
a requirements contract. This Agreement does not guarantee any services will be required, Orders will only be placed when City
identifies a need and issues an approval order to supply food or drink or locate vending services at a particular location,
7, Standard of Care, In performing any of Vendor's Duties under this agreement, Vendor shall peiform and provide them in a
manner consistent with that level of care and skill ordinarily exercised by members of the profession currentiy practicing under
similar conditions and in similar locations,
8, Insurance. Vendor represents that it and its agents, staff, and subcontractors (if permitted) empioyed by it in connection with
the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following
categories, and to the limits specified, policies of which are issued by insurance Companies that have a Besrs Rating of 'A,
Class V' or better, or shall meet with the approval of the City:
A. Statutory Workers Compensation Insurance,
B, Empioyers Liability Insurance coverage with a limit of not less than $1,000,000 for each accident, $1,000,000 disease for
each employee, and $1,000,000 disease policy limit.
C, Commercial General Liability Insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000
general aggregate limit, combined limit for bodily injury, broad form property damage, personal injury, and blanket
contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this
Agreement, which names City as an Additional Insured, and which is primary to any policy which the City may otherwise
carry ('Primary Coverage'), and which treats the employees of the City in the same manner as members of the general
public ('Cross-liability Coverage'), The policy shall contain a severability of interest provision, and shall not contain a
sunset provision or commutation clause, or any provision that would serve to limit third party action over claims,
D. Business Automobile Insurance coverage with a limit of not less than $1,000,000, combined limit for bodily injury and
property, which names City as an Additional Insured, and which is primary to any policy which the City may otherwise carry
Chula VistalNSC Communications
Pay Phone Services Agreement
3-6
Page 2 all
('Primary Coverage'), and which treats the employees of the City in the same manner as members of the general public
('Cross-liability Coverage"),
E, Product Liability Insurance coverage with a limit of notless than $1,000,000, combined iimit for bodily injury and property,
which names City as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary
Coverage'), and which treats the employees of the City in the same manner as members of the general public ("Cross-
liability Coverage"), The policy shall contain a severability of interest provision, and shall not contain a sunset provision
or commutation clause, or any provision that would serve to limit third party action over claims.
The Vendor shall be soleiy responsible for any deductible and/or seif-insured retention and the City, at its option, may
require the Vendor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and
unconditional ietter of credit.
9, Proof of Insurance CoveraQe. Vendor shall provide the following insurance-related certificates and documentation:
A. Certificates of Insurance, Vendor shall demonstrate proof of coverage herein required, prior to the commencement of
duties required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating
that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured, At any time,
the City reserves the right to request and to receive, within ten (10) working days, certified copies of any or all of the herein
required insurance policies and/or endorsements, The City shall not be obligated, however, to review such policies and/or
endorsements or to advise City of any deficiencies in such policies and endorsements, and such receipt shall not relieve
, City from, or be deemed a waiver of the City's right to insist on strict fuifillment of City's obligations under this Agreement.
B, Policv Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and
Cross-liability Coverage required under Vendor's Commerciai Generai liability Insurance Policy, Vendor shall deliver a
policy endorsement to the City demonstrating same, which shall be reviewed and approved by the City's Risk Manager,
10, Administration of Contract. Each party designates the individuals ('Contract Administrators') indicated beiow as said party's
contract administrator who is authorized by said party to represent them in the routine administration of this agreement.
City:
Louie Vignapiano, Director of MIS, City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910, (619)
476-5319
Vendor:
Phyllis Washington, NSC Communications Public Services Corporation, PO Box 336, Pieasanton, CA
94566, (800) 559-1040
11, Promise Not to Acquire ConflictinQ Interests and Dutv to Notlfv, Vendor further warrants and represents that Vendor will
not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act. Furthermore, regardless of whether Vendor is designated as an FPPC
Fiier, Vendor further warrants and represents that Vendor will immediately advise the City Attorney of City if Vendor leams of
an economic interest of Vendor's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and
regulations promulgated thereunder.
12, Hold Harmless, Vendor shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and
empioyees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees)
arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the
Vendor, and Vendor's employees, subcontractors or other persons, agencies or firms for whom Vendor is legally responsible
in connection with the execution of the work covered by this Agreement, except only for those ciaims, damages, liability, costs
and expenses (including without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of the
City, its officers, employees, Also covered is liability arising from, connected with, caused by or claimed to be caused by the
active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with
the active or passive negligent acts or omissions of the Vendor, its employees, agents or officers, or any third party,
With respect to losses arising from Vendor's professional errors or omissions, Vendor shall defend, indemnify, protect and hold
harmless the City, its eiected and appointed officers and employees, from and against all claims for damages, liability, cost and
expense (including without iimitation attorneys fees) except for those claims arising from the negligence or willful misconduct
of City, its officers or employees, .
Chula VistalNSC Communications
Pay Phone Services Agreement
3-7
Page 3 of7
Vendor's indemnification shall include any and all costs, expenses, attomeys fees and liability incurred by the City, Its officern,
agents or employees in defending against such claims, whether the same proceed to judgment or not Vendor's obligations
under this Section shall not be limited by any prior or subsequent declaration by the Vendor, Vendor's obligations under this
Section shall survive the termination of this Agreement.
13. Termination of AQreementfor Cause,
A. This Agreement may be terminated if either Party fails to perform or observe any other material term or condition of the
Agreement, and such failure continues for more than fourteen (14) calendar days after receipt of written notice of such
failure, or if Vendor becomes insolvent or generally fails to pay its debts as they mature, If the breaching Party fails to
comply with the same term of this Agreement on more than one occasion, the fourteen (14) calendar day 'cure period" shall
be oniy seventy-two (72) hours after the breaching Party is notified of its non-compliance.
B, By the termination date, Vendor shall remove all of its equipment from City-owned property and leave City's property in
as good order, repair, and condition as the property was in at the beginning of the term of this Agreement, except for
reasonable wear and tear and ioss. Vendor shall repair any damage to City property caused by removal of Vendor's
equipment at the termination of this Agreement within thirty (30) days, at Vendor's sole expense,
C, Vendor hereby expressly waives any and all claims for damages or compensation arising under this Agreement due to eariy
termination of the Agreement by City.
14, AssiQnabilitv, The services of Vendor are personal to the City, and Vendor shall not assign any interest in this Agreement,
and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City.
Furthermore, Vendor shall not subcontract to another party for performance of the terms and conditions hereof without the
written consent of the City,
15. Retention of Records. Vendor agrees to retain all financial books, records, and other documents relevant to this Agreement
for three (3) years after final payment or until after the resolution of any audit questions which could be more than three (3)
years, whichever is longer. The City, Federal or State auditors and any other persons duly authorized by the Department shall
have full access to, and the right to examine, copy and make use of, any and all said materials, If the Vendors books, records
and other documents relevant to this Agreement are not sufficient to support and document that requested services were
provided, the Vendor shall reimburse City for the services not so adequately supported and documented.
16. IndeDendent Contractor, City is interested only in the results obtained and Vendor shall perform as an independent contractor
with sole control of the manner and means of performing the services required under this Agreement. City maintains the right
only to reject or accept Vendor's work products, Vendor and any of the Vendors agents, employees or representatives are, for
all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none
of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement
benefits, workers compensation benefits, injury leave or other leave benefits, Therefore, City will not withhold state or federal
income tax, social security tax or any other payroll tax, and Vendor shall be solely responsible for the payment of same and shall
hold the City harmless with regard thereto,
17, Administrative Claims ReQuirements and Procedures, No suit or arbitration shall be brought arising out of this agreement,
against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in
accordance with the procedures set forth in Chapter 1,34 of the Chula Vista Municipal Code, as same may from time to time
be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and
procedures used by the City in the implementation of same,
Upon request by City, Vendor shall meet and confer in good faith with City for the purpose of resolving any dispute over the
terms of this Agreement.
18, Miscellaneous Provisions,
A, Vendor not authorized to ReD resent Citv, Unless specifically authorized in writing by City, Vendor shall have no authority
to act as City's agent to bind City to any contractual agreements whatsoever,
Chula VistalNSC Communications
Pay Phone Services Agreement
3-8
Page40f7
8, Notices, All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in
writing. Ali notices, demands and requests to be sent to any party shall be deemed to have been properly given or served
if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or
certified, with return receipt requested, at the addresses identified herein as the piaces of business for each of the
designated parties,
C, Attornev's Fees, Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party
shail be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred,
The "prevailing party' shail be deemed to be the party who is awarded substantially the relief sought.
D, Entire AQreement. This Agreement, together with any other written document referred to or contemplated herein, embody
the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement
nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed
by the party against which enforcement of such amendment, waiver or discharge is sought.
E, Capacity of Parties. Each signatory and party hereto hereby warrants and represents to the other party that it has iegal
authority and capacity and direction from its principal to enter into this Agreement, and that ail resolutions or other actions
have been taken so as to enabie it to enter into this Agreement.
F, GoveminQ LawNenue. This Agreement shall be governed by and construed in accordance with the laws of the State
of California, My action arising under or relating to this Agreement shall be brought only in the federal or state courts
located in San Diego County, State of Califomia, and if applicable, the City of Chula Vista, or as ciose thereto as possibie,
Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista,
[end of page. next page is signature page]
Chula Vista/NSC Communications
Pay Phone Services Agreement
3-9
Page 50f7
Signature Page
to
Agreement Between
City of Chula Vista and NSC Communications
To Provide Pay Phone Services at Various Locations on City-Owned Property
IN WITNESS WHEREOF, City and Vendor have executed this Agreement thereby indicating that they have read and
understood same, and indicate their full and complete consent to its terms:
Dated:
,20_
City of Chuta Vista
by:
Stephen Padilla, Mayor
Approved as to form:
Ann Moore, City Attorney
Dated: tj"'Y/n-
NSC Communications Public Services Corporation
BY:)/( 4-- ~
,
Chula VistalNSC Communications
Pay Phone Services Agreement
Page 6 of?
3-10
EXHIBIT A
LIST OF INITIAL PAY PHONE SITES
Site Name location and/or Address
1, .cOCV/l Street Facility 465 l Street
2. COCV/Axiom Coin 312 E Street
3, COCV/Carl's Jr. 502 Broadway
4, COCV/Carrow's 570 H Street
5, COCV/Comie Store 351 3rd Ave
6, COCV/Park Way 378 3rd Ave
7, COCV/Pharmaey 299 3rd Ave
8, COCV/Ree Center & Pool 1420 Lema lane
9, COCVNogue Theatre 226 3rd Ave
10, COCV/Community Park 1060 Eastlake Pkwy
11, COCVlDiscovery Park 400 Buena Vista Way
12, COCV/Euealyptus Park 20 4th Street
13, COCV/Llbrary 365 F Street
14, COCV/Llbrary 389 Orange Ave
15, COCV/Memorial Park #1 385 Park Way
16, COCV/Public Sve & Police Oept 276 4th Ave
17, COCV/Hilltop & Orange 1401 Hilltop Or
18, COCV/Rohr Park 4548 Sweetwater Rd
19, COCVNoyager Park 1100 E J Street
. 20. COCV/Otay Mesa Ree Center 3554 Main Street
21 COCV/Police Oept. 315 4th Ave
-
Chula VistalNSC Communications
Pay Phone Services Agreement
3-11
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Page 7of7
COUNCIL AGENDA STATEMENT
Item
Meeting Date 2/15/2005
4
ITEM TITLE: Resolution appropriating funds to the Finance Department to conduct a
Transient Occupancy Tax compliance audit on hotels and motels
located within the City of Chula Vista
SUBMITTED BY: Director of Finance/Treasur~
REVIEWED BY: City Manage~t O(\' (4/5ths Vote: Yes _No_I
It is anticipated that conducting Transient Occupancy Tax (TOT) compliance audits
will assist the City in recovering additional TOT revenue, while at the same time
educating hotels and motels to ensure future compliance with the City's ordinances.
RECOMMENDATION: That Council appropriate $28,000 from the available balance
of the General Fund to the Supply and Service budget of the Finance Department for
Transient Occupancy Tax compliance auditing services on hotels and motels located
within the City.
BOARDS/COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION:
The Chula Vista Police Department, Finance Department and various other
departments have been working together to resolve continuing compliance problems
with the City's hotels and motels. The Police and Finance Departments jointly
conducted two seminars aimed at educating hotel/motel owners and operators
regarding compliance with local, State and Federal laws. The seminars were well
attended and feedback indicated that they provided useful information.
In addition to an educational program, it was determined that an audit of all
hotels/motels within the City should be conducted as part of an ongoing compliance
program. MBIA MuniServices Company's (MMC) will perform a Transient Occupancy
Tax (TOT) compliance audit, which will assist the City in collecting TOT revenue and
educating hotels/motels of City ordinances.
MMC has a two-tiered approach to the TOT auditing process. They will conduct an
analysis and compliance review of each of the twenty-eight motel/hotels located in
Chula Vista. The cost for this analysis is $500 per hotel/motel. This phase of the
program will analyze lodging provider information in order to identify unusual or
questionable reporting and/or activities that warrant further review; as well as
discovery services to identify and locate I~dging providers not properly registered
4-1
Page 2. Item 4-
Meeting Date 1/11/2005
with the City and not appearing on the City rolls as TOT remitters.
MMC will provide a detailed report identifying lodging providers who might require
additional review to determine their compliance with the City's TOT ordinance. The
total cost for the first phase of the program is $14,000.
Those properties identified as warranting further investigation will move on to the
second phase of the audit. MMC will conduct a Lodging Provider Audit on these
properties which may include examining records pertaining to TOT, and conducting
unobtrusive on-site collection of information on each selected property, including
number of rooms, occupancy rate, condition of property and business dynamics. The
total cost for the second phase of the audit may be up to an additional $14,000 for a
total estimated cost of $28,000.
MMC's approach is to balance the City's need to ensure compliance while
maintaining goodwill within the lodging community. This process will cause minimal
interruption to compliant businesses and allow resources to be focused where they
are most needed. An agreement with MMC will be entered into at a later date.
FISCAL IMPACT: The fiscal impact to the General Fund is $28,000 in FY 2005. It is
anticipated that in the long term these funds will be more than offset due to
improved collections. This audit is a one-time change in MMC's scope of work. Any
ongoing TOT reviews will be included as part of the annual financial audit.
4-2
RESOLUTION NO, 2005-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROPRIATING FUNDS TO CONDUCT A TRANSIENT OCCUP ANCY TAX
COMPLIANCE AUDIT ON HOTELS AND MOTELS LOCATED WITHIN THE
CITY OF CHULA VISTA
WHEREAS, the Chula Vista Police Department and Finance Department jointly conducted
two seminars aimed at educating hotel/motel owners and operators regarding compliance with local,
State and Federal laws; and
WHEREAS, in addition to an educational program, it was determined that an audit of all
hotels/motels within the City should be conducted as part of an ongoing compliance program; and
WHEREAS, MBIA MuniServices Company (MMC) will perform a Transient Occupancy
Tax (TOT) compliance audit, which will assist the City in collecting TOT revenue and educating
hotels/motels of City ordinances; and
WHEREAS, MMC has a two-tiered approach to the TOT auditing process: 1) conduct an
analysis and compliance review of each of the twenty-eight motels/hotels located in Chula Vista and
providing a detailed report identifying lodging providers who might require additional review to
determine their compliance with the City's TOT ordinance; and 2) upon identification of those
properties warranting further investigation, MMC will conduct a Lodging Provider Audit, which may
include examining records pertaining to TOT, and conducting unobtrusive on-site collection of
information on each selected property; and
WHEREAS, the total cost for the first phase of the audit process is $14,000; the total
estimated cost of the second phase of the audit may be up to an additional $14,000, for a total
estimated cost of$28,000; and
WHEREAS, MMC's approach is to balance the City's need to ensure compliance while
maintaining goodwill within the lodging community with minimal interruption to compliant
businesses; and
WHEREAS, an agreement with MMC will be entered into at a later date; and
WHEREAS, the fiscal impact to the General Fund is $28,000, which may be recovered
through improved TOT revenue collection,
4-3
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby appropriate $28,000 from the available balance of the General Fund for Transient
Occupancy Tax compliance auditing services on hotels and motels located within the City ofChula
Vista,
Presented by
Maria Kachadoorian
Director of Finance
J:\attcrney\reso\ tìnance\apprc.priati(J'l for motels-hotels compliance audit
4-4
PAGE I, ITEM NO.:
MEETING DATE:
5
02/15/05
CITY COUNCIL AGENDA STATEMENT
ITEM TITLE: PUBLIC HEARING TO AMEND THE FISCAL YEAR 2004-2005
ANNUAL ACTION TO REALLOCATE $2,185,899.47 OF COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2004-05 CDBG/HOME ANNUAL
ACTION PLAN TO REALLOCATE $2,185,899.47 OF COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING
SUBMITTAL OF THE 2004-2005 ANNUAL ACTION PLAN
AMENDMENT TO THE UNITED STATES DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT, AND TRANSFERRING/
APPROPRIATING FUNDS THEREOF
SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR \ß ~v(>l"
REVIEWED BY: CITY MANAGER
4/51HS VOTE: YES [!] NO D
BACKGROUND
On May 11, 2004, the City Council approved the FY 2004-05 CDBG and HOME program
Annual Action Plan ("Action Plan") and authorized its submittal to the u.s. Department of
Housing and Urban Development (HUD). HUD received the City's Action Plan on May 16, 2004.
Subsequent to that time, staff has met with HUD program monitors who have identified two
primary issues regarding the City's program:
1. That a portion of the allocated funds for capital projects have not been spent, leaving the City
with a greater projected unspent balance than HUD timeliness guidelines allow; and,
2. That certain other block grant funds were allocated to organizations which have been found
not to meet HUD qualifications.
In response to these issues, staff has:
1. Identified capital projects which qualify for expenditures, in order to utilize the capital
funds in accordance with HUD timeliness guidelines;
2. Identified programs within the City's General Fund budget, which are qualified recipients
of HUD funds, in order to offset the unq~alified grant allocations. This approach will
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MEETING DATE:
7
02/15/05
allow the City to fulfill its current year funding pledge to these organizations with a zero
net effect on the General Fund.
RECOMMENDATION
That City Council adopt the fiscal year 2004-2005 Annual Action Plan Amendment to the United
States Department of Housing and Urban Development and thereby:
· Create a new Western Chula Vista Street, Sidewalk and Drainage capital improvement
project;
· Create a new non-ClP South Bay Community Services ~ Coso Nueva Vida project;
· Reallocate $1,586,982 of CDBG funds to the Western Chula Vista Street, Sidewalk and
Drainage Improvement Project;
· Reallocate $332,311 of CDBG funds to the South Bay Community Services - Coso Nueva
Vida proiect;
· Appropriate $1,188,123 of unprogrammed entitlement funds to the capital category of the
CDBG Fund;
· Reallocate $3,850 of CDBG funds to the Greg Rogers Elementary School Special
Needs/Disabled Services CDBG program;
· Appropriate $3,850 of unprogrammed entitlement funds to the other expenses category of
the CDBG fund;
· Reallocate $163,000 of CDBG funds to the Planning and Building Department Housing
Inspection Program and transfer same amount from the capital category to the other
expenses category of the CDBG fund;
· Reallocate $99,756 of CDBG funds to the Planning and Building Department Community
Appearance Program and transfer same amount from the capital category to the other
expenses category of the CDBG fund; and,
· Appropriate $262,756 from the available balance of the General Fund to the capital
category of the Non-Departmental budget based upon unanticipated CDBG reimbursement
revenues.
BOARDS/COMMISSIONS RECOMMENDATION
Not applicable.
DISCUSSION
CDBG and HOME programs are central to supporting our non-profit partners in developing
affordable housing, supporting essential social services, and contributing towards community
enhancement and economic development programs. The Action Plan is developed using
significant public and non-profit input and it describes the City's spending priorities. It also serves
as the primary document that addresses three of HUD's grant programs.
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PAGE 3, ITEM NO.:
MEETING DATE:
s
02/15/05
Under the prOVISions of 24 CFR 570.902 of the Community Development Block Gront
regulations, the City is required to expend its funds in a timely manner. The City is considered to
be timely if the balance in its line-of-credit (total amount available from all progroms combined)
does not exceed 1.5 times the amount of the annual grant (2.3 million). Exceeding a 1.5 ratio
will result in the recapture the excess funds by HUD. The City currently has a fund balance of
$5.2 million and that amount will exceed the 1.5 ratio by $2 million on April 30, 2005. The City
must amend the 2004-2005 Action Plan to expend $2 million from its fund balance.
In addition, HUD identified two areas where it is requiring the City to make changes to its annual
plan. First, HUD has disallowed CDBG funding for Boys and Girls Club, Chula Vista American
Little league and Chula Vista Fastpitch. HUD determined that their facilities were not located
within low/moderate income census tracts. Second, the City's annual plan exceeds a mandated
cap on expenditures for public services by $99,756. This means that alternate funding sources
are required to satisfy the City's commitment to some of the agencies. This can be accomplished
by swapping funding for two city programs that are currently funded through the City's General
Fund but are eligible for CDBG funding resulting in no impact to the general fund. The Boys and
Girls Club, Chula Vista American Little league and Chula Vista Fast-pitch have been apprised of
their status per the HUD guidelines and concur with this action.
As mentioned above, the City is required to expend approximately $2 million from its $5 million
CDBG line of credit by April 30, 2005. There are several sources of funds that staff has identified
that are appropriate for immediate expenditure. As outlined below, Attachment No.1 to this staff
report itemizes the funds for reallocation.
I. In prior years, the City has realized Program Income from the repayment of loans
(Community Housing Improvement Loan Program) and earned interest. Program Income
of approximately $103,000 has not been allocated to any specific CDBG project or
program.
II. The City General Services Department has identified various projects with remaining
balances, which are identified as Interproject Transfers and are available for reallocation to
a new capital project, the Western Chula Vista Street, Sidewalk and Drainage Improvement
Project.
III. Ineligible Program funds were identified for funding in the City's previously adopted FY04-
05 Action Plan, but have been determined to be ineligible for funding under the CDBG
program. The proposed projects included renovations of facilities operated or used by
local non-profit organizations. In order to meet eligibility requirements, organizations must
demonstrate how they will document that 51 % of the participants/beneficiaries are
low/moderate-income persons. Additionally, facilities must also demonstrate that they are
located within a low/mod census tract area and are open to the general public.
In addition, CDBG regulations allow cities to expend a maximum of 15% of the annual
entitlement on Public Services activities. HUD determined that the City exceeded its Public
Service cop by $99,756. The City is obligated to reduce the public service activity
obligations to be within the cap. Staff has identified alternate funding sources for three
r 2
;)J
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Building Energy Efficiency Policy POLICY EFFECTIVE
NUMBER DATE PAGE
XXX-XX XX-XX-XX 3 of 3
I ADOPTED BY: Policy No. 2004-XXX I DATED: XX-XX-XX I
I Final Draft I
· Enerqv Star Products Guideline: All new City buildings and
facilities should be equipped with Energy Star qualified products. Existing
buildings and facilities will be upgraded in aggregate as higher energy
efficiency technology becomes available.
C. General Services and Conservation & Environmental Services staff will
coordinate evaluation of energy conservation, renewable generation and
renewable energy supply proposals based on their ability to:
. Generate operational savings,
. Result in C02 emissions reductions,
. Result in air quality improvements, and
. Acquire grants and incentives to offset project costs.
REFERENCE DOCUMENTS:
1. C02 Reduction Plan
2. Energy Strategy and Action Plan
~' --"
'/.- / -" -) /'7
(1./ -- '--'
PAGE 4, ITEM NO.:
MEETING DATE:
5
02/15/05
programs, which will allow the City to fall below the 15% cap. The three identified projects
are itemized in Attachment No.1 to this staff report.
IV. Staff has identified approximately $756,828.66 in Unexpended Prior Year Entitlement
Funds. These funds were originally allocated to specific programs. A portion of the balance
is available from completed programs and the remaining balance is from programs, which
were never enacted; therefore, it is prudent to reallocate the funds at this time.
V. Unprogrammed Prior Year Entitlement Funds are available through the City's HUD line of
credit. These funds have never been allocated to any specific project or program.
Attachment No. 1 to this Staff Report details the proposed allocation of these funds. The projects
include:
· The rehabilitation of South Bay Community Services' Coso Nueva Vida homeless shelter
($332,311 );
· The City's Western Chula Vista Street, Sidewalk and Drainage Improvement Project
($1,514,971);
· The City's Housing Inspection Pragram ($163,000);
· The City's Community Appearance Program ($99,756);
· And, the Greg Rogers Elementary School Special Needs/Disables Services Program ($3,850).
FISCAL IMPACT
CDBG Funds totaling $2,185,899.47 from Program Income, Copital Improvement Project
Transfers, Ineligible and Newly Categorized Projects, Unexpended Prior Year Funds, and
Unprogrammed Entitlement funds will be reallocated as indicated in this staff report and as
specifically detailed in Attachment No. 1 to this Staff Report. The reallocation of funds will allow
for the City to expend the money on worthy programs within the time requirements established by
the U.S. Department of Housing and Urban Development. In addition, $262,756 will be
allocated from the General Fund to pay for projects previously approved in the City's Action Plan,
but that have been determined to be ineligible for funding under the CDBG regulations. To offset
this impact to the General Fund, CDBG funds will be used to pay for programs that have
previously been budgeted for in the General Fund. Therefore, there will be no net impact to the
General Fund or the CDBG program.
AnACHMENT5
1. Community Development Block Grant Reallocation of Funds Detail Sheet
2. Action Plan Amendment
J:\COMMDEV\STAFF.REP\2005\Q2-15-05\CDBG Amendment Staff Report.doc
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING THE FISCAL YEAR 2004-05 CDBG!HOME
ANNUAL ACTION PLAN TO REALLOCATE $2,185,899.47 OF
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND
AUTHORIZING SUBMITTAL OF THE 2004-2005 ANNUAL ACTION
PLAN AMENDMENT TO THE UNITED STATES DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT, AND TRANSFERRING!
APPROPRIATING FUNDS THEREOF
WHEREAS, on May 11, 2004, the City Council approved submittal of the Community
Development Block Grant (CDBG) and the HOME Investment Partnership (HOME) Program Annual
for Fiscal Year 2004-05, respectively, to the U.S. Department of Housing and Urban Development;
and,
WHEREAS, it is the City's goal to maximize the City's expenditure of CDBG funds; and
WHEREAS, the City has identified $2,185,899.47 of Program Income, Interproject Transfers,
Ineligible and Newly Classified Projects, Unexpended Prior Year Entitlement Funds, and
Unprogrammed Prior Year Funds to reallocate as further described in Exhibit No. 1 to this
Resolution; and
WHEREAS, significant programmatic and funding changes to the Plan constitute an
amendment to the Plan and therefore requires a 30-day public review and comment period in
compliance with the Federal regulations governing the CDBG Program and the City's Citizen
Participation Plan; and
WHEREAS, the 30-day public comment period began on January 14, 2005, with a Public
Notice of the Amendment published in the Star News, and ended on February 14, 2005 with no
comments received.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it
hereby approves the following actions as further detailed in Exhibit 1.
1. Create a new Western Chula Vista Street, Sidewalk and Drainage capital improvement
project;
2. Create a new non-CIP South Bay Community Services - Casa Nueva Vida project;
3. Reallocate $1,586,982 of CDBG funds to the Western Chula Vista Street, Sidewalk and
Drainage Improvement Project;
4. Reallocate $332,311 of CDBG funds to the South Bay Cornmunlty Services - Casa Nueva
Vida project;
5. Appropriate $1,188,123 of unprogrammed entitlement funds to the capital category of the
CDBG Fund;
6. Reallocate $3,850 of CDBG funds to the Greg Rogers Elementary School Special
NeedslDisabled Services CDBG program;
7. Appropriate $3,850 of unprogrammed entitlement funds to the other expenses category of
the CDBG fund;
8. Reallocate $163,000 of CDBG funds to the Planning and Building Department Housing
Inspection Program and transfer same amount from the capital category to the other
expenses category of the CDBG fund;
C:\Documents and Settings\ehul1\Local Settings\Temp~rary Internet Fg~o/"K70\CDBG Amendment ResQ.doc
9. Reallocate $99,756 of CDBG funds to the Planning and Building Department Community
Appearance Program and transfer same amount from the capital category to the other
expenses category of the CDBG fund; and,
10. Appropriate $262,756 from the available balance of the General Fund to the capital category
of the Non-Departmental budget based upon unanticipated CDBG reimbursement revenues
Presented by
Approved as to form by
Laurie Madigan
Director of Community Development
,,'- /'
¿. {. /a·b¿¡~
Ann Mo . e
City Attorney
~u - tJuJ( (jL
C:\Documents and Settings\ehull\Local Settings\Temporary Internet Files\OLK70\CDBG Amendment ResQ.doc
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OlYOf
CHUIA VISTA
Council Agenda Statement
ITEM TITLE:
Item:
Meeting Date: Februarv 15, 2005
Resolution Adopting Council Policy No, 'is' L1 0 - 03
Regarding Energy Conservation And Renewable Energy
Guidelines For City Buildings And Facilities,
h
SUBMITTED BY:
Director Conservation and Environmental Services
Director General Services
Environmental Resource Manager: tl~
~. v 11
City Managerù1 . i)
i'1)rJ . (4I5ths Vote Yes _ No 2Q
~
REVIEWED BY:
The Building Energy Efficiency Policy establishes energy conservation and renewable
energy guidelines for City bUildings and facilities. Adoption of this Policy will result in
more efficent and enviromentally sustainable City buildings and facilities that use less
energy, save money and help to protect the environment.
RECOMMENDATION:
Staff recommends Council approve the resolution adopting the Building Energy
Efficiency Policy to reaffirm and clarify the City's commitment to energy conservation
and renewable energy.
Upon adoption, it will be the City Council's Policy to pursue City buildings and facilities
that are more energy efficient than current State energy conservation standards
(California Code of Regulations; Title 24), to incorporate non-fossil fuel based
renewable generation into City buildings and facilities and to purchase non-fossil fuel
based renewable energy for all City buildings and facilities. (Attachment 1).
BOARD AND COMMISSION RECOMMENDATION:
At their January 3, 2005 meeting, the Resource Conservation Commission (RCC)
unanimously endorsed City Council adoption of the Building Energy Efficiency Policy,
DISCUSSION:
The purpose of this staff report is to propose a City Council Policy that establishes
energy conservation and renewable energy guidelines for City buildings and facilities,
,
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Item:
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Enerav Conservation and Renewable Power Proiects
Since 1993, the City of Chula Vista has proactively implemented energy conservation
projects and installed renewable power (Solar) on City buildings and facilities to reduce
the City's reliance on fossil fuel-generated electricity and to help protect the
environment.
To date, the City has implemented approximately $1,4 million in energy efficiency
projects. The City has invested approximately $1 million in City funds and received
$400,000 in offsetting grants and incentives. As a result of the projects, the City has
avoided approximately $2.75 million in energy cost, saved approximately 33 MW-hrs of
electricity and avoided 25,000 tons of C02 emissions,
The City saves enough electricity to power approximately 500 homes for one year.
The City's major building conservation projects include the following:
· Replaced of Civic Center Library chillers in 1993
· Retrofitted lighting at the old Police building in 1994
· Retrofitted lighting in all City buildings in 1995/1996
· Replaced chillers in the old Police building in 1997
· Replaced old water heaters in the old Police building in 1998
· Installed cool roofs, skylights, energy efficient lighting and energy efficient HVAC
equipment at the John Lippitt Public Works Center in 2002
· New Police building designed and constructed at least 20% more efficient than
State energy conservation standard (California Code of Regulations: Title 24).
The City's facility conservation projects include the following:
· Replacement of red-incandescent traffic signal lights with efficient red-light
emitting diodes (LED) in 1998
· Replacement of green traffic signal lights with more efficient green LEOs in 2001
· Upgraded 30 refrigerators with energy conserving Energy Star models
The City has also installed solar hot water heaters and solar power at the following City
locations:
,
6-2
Item:
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Paae: 3 of 6
· Solar hot water heaters installed at City recreation center pools in mid 1980's
· Four kW Solar system installed at Household Hazardous Waste Facility in 2002
· 30 kW solar power system installed at new Police Headquarters in April 2004
· Six kW solar power system installed at the Nature Center in September 2004
Additionally, the City has implemented community wide projects to help residents and
businesses conserve energy, These include the following:
· Renewable power purchase literature provided to the community in the late
1990's.
· Solar power permit fees reduced to $45 flat fee from an average of $600, based
on a proposal from the Planning and Building Department.
· More than 800 homes participated in the City's GreenStar Building Efficiency
program that provides incentives for homes that are more energy efficient than
State conservation standards. The Planning and Building Department expanded
this program to new developments in 2003,
· At the height of the energy crisis, the Community Development Department and
the Police Department conducted community outreach campaigns to assist
businesses comply with a State executive order setting outdoor lighting
standards.
· At the height of the energy crisis, the City successfully reached and assisted
1,800 households and 20 small businesses with lighting retrofits. The City
provided energy audits and compact fluorescent lights to residents for committing
to recycling practices, and funded mini-grants (up to $2,500) for small businesses
to implement energy efficient lighting retrofits.
· In July 2004, the City began purchasing half a (.5) megawatt of electricity for the
Civic Center Campus from Shell/Coral Energy at rates below those available
from the local utility.
The City Council memorialized these accomplishments by formally implementing the
C02 Reduction Plan ("C02 Plan") and the Energy Strategy & Action Plan ("Energy
Plan") adopted in November 2000 and May 2001 respectively.
>
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C02 Reduction Plan
The City of Chula Vista became a founding charter member of the International Council
for Local Environmental Initiatives (ICLEI) in 1992, ICLEI's goal is to assist cities
reduce their impact on global warming by promoting development and adoption of
carbon dioxide reduction plans. In 1994, with guidance from a local citizen task force,
the City began developing a C02 Reduction Plan (C02 Plan), The City's plan focuses
on reducing C02 emissions by reducing the City's reliance on fossil fuel and by
improving the City's energy efficiency at City buildings. In 1997, the City completed the
C02 Plan. Council officially adopted the C02 Plan in November 2000 (Attachment 2),
The City has made progress on most of the 20 measures identified in the C02 Plan by:
1) working with developers to master plan communities that are more pedestrian- and
mass transit- friendly; 2) demonstrating and purchasing alternative fuel vehicles; and
implementing energy conservation retrofits. Energy efficiency and renewable power
measures from the C02 Plan were subsequently incorporated into the City's Energy
Strategy and Action Plan that Council adopted in May 2001. The applicable C02
Measures include:
. Measure #2 Green Power: This measure requires City staff to continually seek
Green power purchase options from altemative suppliers for City buildings and
installation of non-fossil fuel based alternative power - such as Solar power - on
City bUildings.
· Measure #5 Municipal Buildinq Upqrades and Trip Reduction: This measure
requires staff to identify energy efficiency projects with a goal of exceeding
California Code of Regulations; Title 24 by 15% to 20% for City' buildings,
EnerQV StrateQV and Action Plan
The City Council adopted the City's Energy Strategy and Action Plan ("Energy Plan") to
protect the community from the energy crisis (and from energy industry market
manipulation). The Energy Plan incorporated C02 Plan measures that require City
buildings and facilities to exceed State conservation standards (California Code of
Regulations: Title 24) and to plan for renewable electricity at new and major renovation
buildings and facilities (Attachment 3). The applicable Action Items include the
following:
. Action #1, This Action requires City staff to position the City to purchase power
for all City buildings - for up to the City's entire load - from an alternative supplier
once the option is available,
· Action #2. This Action requires City staff to pursue onsite generation - such as
solar power - for specific City buildings,
· Action #7, This Action requires City staff to continue energy conservation
6-4
Item:
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PaQe: 5 of 6
projects for City buildings and to be more efficient than California Code of
Regulations; Title 24 standards.
Buildin!:! EnerQY Efficiency Policy Implementation Guidelines
The Building Energy Efficiency Policy will be implemented in accordance with the
guidelines below:
Conservation and Environmental Services staff will provide support and technical
assistance to General Services, Purchasing and other departments that may be
responsible for these projects.
A. The Building Energy Efficiency Policy guidelines will apply to new and major
renovation City buildings and facilities projects. Facilities include but are not
limited to parks, ball fields, streetlights, traffic signal lights and sewer pump
stations,
B. Staff will strive to achieve the following guidelines:
· Passive Heatina and Coolina Guideline: All new buildings and
facilities should be designed to take maximum advantage of passive and
natural sources of heat, cooling, ventilation and light.
· Buildina Eneray Efficiency Guideline:, New and major renovation
buildings over 4,500 square feet should be at least 20% more energy efficient
than State conservation standards (California Code of Regulation; Title 24);
· Facilities Eneray Efficiency Guideline: All facilities should be
upgraded in aggregate as higher energy efficiency technology becomes
available.
. Renewable Enerav Generation Guildeline: All new and major renovation
buildings and facilities should incorporate on-site generation using non-fossil..
fuel based renewable technology. New buildings and facilities should be
designed to meet a goal of generating up to 20% of the energy requirement.
The overall goal is to provide 20% or more of the energy demand for City
owned facilities with renewable energy on a citywide basis,
. Renewable Eneray Purchase Guildeline: Up to 100% of the energy
purchased for City buildings and facilities should be supplied from non-fossil
fuel renewable energy sources. Renewable energy will be purchased for
buildings and facilities as they become available and as long as costs are
equivalent to or below local utility rates.
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6-5
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· Enerov Star Products Guideline: All new City buildings and
facilities should be equipped with Energy Star qualified products. Existing
buildings and facilities will be upgraded in aggregate as higher energy
efficiency technology becomes available
C. General Services and Conservation & Environmental Services staff will
coordinate evaluation of energy conservation, renewable generation and
renewable energy supply proposals based on their ability to:
· Generate operational savings,
· Result in C02 emissions reductions,
· Result in air quality improvements, and
· Acquire grants and incentives to offset project costs,
EnerQV Conservation Is Fiscallv and Environmentally Responsible
The City's cumulative savings of $2,75 million from energy conservation and renewable
projects have resulted in approximately 100% return on investment in 11.5 years from a
total initial investment of $1.4 million. The City's energy conservation and renewable
energy projects has generated positive economic results for the City and at the same
time has benefited the environment through reduced C02 emissions,
FISCAL IMPACT:
Adopting the Building Energy Policy will result in energy conservation and renewable
generation projects, Implementation of energy conservation and renewable projects will
require expenditures that will result in a fiscal impact to the General Fund,
Grants and incentives developed by Conservation and Environmental Services staff will
be used to offset expenditures, Actual cost and projected savings from energy
conservation and renewable projects will be presented to Council for consideration on a
project-by-project basis before implementation.
ATTACHMENTS:
1) Building Energy Efficiency Policy Document
2) C02 Reduction Plan
3) City Energy Strategy and Action Plan
.
6-6
ATTACHMENT 2
COUNCIL AGENDA STATEMENT
Item No.: ~
Meeting Date: 11/14/00
TITLE:
Resolution Adopting the Carbon Dioxide Reduction Plan (CO2
Reduction Plan) and Directing Staff to Continue to Implement the
Recommended Measures Within the Plan.
Director of Planning and BUilding~ . "
Special Operations Manager·~
G'· -'
City Manager ?Q' (4/51bVote:Yes_No.1l)
The C02 Reduction Plan (Attachment A) is the result of a planning effort by staff and Ii city task '
force representing a broad array of interests. Staff and the task force worked with a consultant
to develop strategies to reduce carbon dioxide emissions on a local level. Since the City
Council's conceptual approval of the CO2 Reduction Plan in February 1997 many of the
measures have been successfully implemented. Those measures that remain to be implemented
fall into two general categories; I) Environmental resource management and education, and 2)
land use issues, The Environmental Resource Manager has had overall responsibility for the
CO2 Reduction Program and is now assigned to the Special Operations Program in the City
Managers office, With the Support of the Special Operations Manager the Environmental
Resource Manager will continue to focus his energies on those components of the plan that apply
to City facilities, assist Departments with the implementation of their respective components of
the program, monitor all programs and report the Program's progress to Council and the
International Council for Local and Environmental Initiatives (ICLEI). The land use related
measures would be implemented primarily by the Planning & Building Department (Attachment
B),
SUBMITTED BY:
REVIEWED BY:
"Smart Growth" is defined by SANDAG as a compact, efficient, and environmentally sensitive
pattern of development that provides people with additional travel, housing, and employment
choices by focusing future growth away ITom rural areas and closer to existing and planned job
centers and pubJic facilities. The City of Chula Vista has been a regional leader in creating and
implementing these principles long before the term Smart Growth was popularized, Examples
include the neo-traditional pedestrian oriented development in Otay Ranch and the draft C02
Reduction Plan. In an effort to improve implementation of the C02 Plan, staff recommends that
the City Council formally adopt the amended C02 Reduction Plan and fold the land use measures
into a future "City of Chula Vista Sustainable Development Program". The Sustainable
Development Program would also address water conservation and other land use related
environmental considerations, The program would include important measures identified in the
C02 Reduction Plan as well as other significant environmental issues embraced by ICLEI and the
Smart Growth movement. Implementation would fall under three tiers:
.
6-7
· Page 2, Item No.:
Meeting Date: 11/14/00
l. Citywide Level - "Sustainable Development" planning will be accomplished through the
City's General Plan Update.
2. Sectional/Community Planning Level - "Sustainable Development" planning concepts
would be developed and implemented in new SPA Plans and Community Plans.
3. Proiect Level- This level would advocate energy efficiency and C02 reduction in
individual residential and non-residential construction projects.
In 1998, a Negative Declaration (IS-98-29) was prepared and presented to the Resource
Conservation Commission (Attachment C). It was also posted with the County Recorder's
Office for public review and comment. No comments were received and the Negative
Declaration was never adopted by the City Council. Since that time an Addendum to the
Negative Declaration (included in Attachment C) was prepared addressing the changes that have
occurred in the implementation of the Plan. Staff is now recommending that the City Council
adopt the Negative Declaration and the Addendum to IS-98-29.
RECOMMENDATION: That Council:
1. Adopt the Negative Declaration and addendum to 18-98-29.
2. Adopt the CO2 Reduction Plan and direct staff to continue to implement recommended
measures within the Plan, including the incorporation of the land use related measures
into the City's Sustainable Development program.
BOARD/COMMISSION RECOMMENDATIONS:
Since its inception, the Economic Development Commission, the Resource Conservation
ComllÙssion, the Growth Management Oversight Commission, the Planning Commission and
City Council have reviewed the C02 Reduction Plan. AIl Boards/Commissions voiced support
for the Plan although the Economic Development Commission wanted to ensure that the Plan
would "not reduce the City's competitive position in terms of recruiting, retaining and growing
local business." A synopsis of the Board/Commission recommendations is shown in Attachment
D.
DISCUSSION:
The C02 Reduction Plan (hereafter referred to as the "Plan") was developed in ]996 as a tool to
reduce the effects of Carbon Dioxide on the environment. Development of the Plan included
citizen participation through a task force representing the development and business community,
local and state government and City staff.
The Plan conSists of twenty action measures intended to promote clean fuel vehicles, altematives
to driving, transportation efficient land use planning, and energy efficient building construction.
In February 1997 the City Council approved the C02 Reduction Plan in concept and directed
-
6-8.
Page 3, Item No.:
Meeting Date: 11/14/00
conceptually approved Plan. This agenda statement identifies alternative measures that have
been implemented and those measures that are not recommended for implementation.
Since February 1997 the City has been successful in implementing eleven C02 reduction
measures. This includes alternative measures that were approved by the City Council in lieu of
others listed in the Plan. Specifically, the original Measure 2 (private Fleet Clean Fuel Vehicle
Purchases) was replaced with "Green Power," and original Measure 10 (Reduced Commercial
Parking Requirements) was replaced with "Green Power Public Education Program."
The remaining nine unimplemented measures have been further reviewed by staff to determine
which ones should be pursued, based upon the greatest reduction in C02, the availability of
funding, and ease of implementation. Included in this list are also measures that are not
recommended for implementation due to their very low cost/bene:fit ratios. Staff will continue to
analyze alternative means to efficiently and effectively achieve the C02 reduction goals these
measures represented,
Com DIeted or On2oinl! Measures Monitored bv the Environmental Resource Coordinator:
To date staff has commenced or completed eight measures, which are implemented by the
applicable Department as noted on Attachment B.
1, Measure 1 - Purchase of Alternative Fuel Vehicles (ON-GOING) This measure is being
implemented through Council approval of a Compressed Natural Gas (CNG) fueling and
maintenance facilities in the future Corporation Yard as well as the purchase of
alternative fuel vehicles during the past three years. The CNG facilities will make it
possible to replacement the current fleet of diesel-powered buses and other vehicles in the
fleet with CNG powered vehicles. The City's inventory of Alternative Fuel Vehicles
currently includes four CNG vans, one car and one propane forklift, The City is also
continuing to work with Metallic Power toward the development of a zinc fuel cell
demonstration light-duty truck. This effort is funded under a $300,000 grant ITom the
California Energy Commission,
2, Measure 2 - Green Power (ON-GOING) In June 1998 the City joined the SANDAG
Power Pool and switched approximately 12 of the highest load consumption meters to
"green power" or electricity generated from renewable resources. This resulted in a
reduction in C02 emissions in addition to a savings in energy costs, In June 1999 the
agreement was renewed and Council authorized the Energy Service Provider (ESP) to
switch additional meters to green power. Due to the large number of meters under the
Power Pool, the ESP was not able to execute the switch out, As of July 2000, the Power
Pool has ceased to operate as an aggregator of renewable energy and all of the switched
meters defaulted back to SDG&E. Staff is currently in the process of working with
several ESP's to identify green electricity purchase options available to the City of Chula
Vista. As a result of the land use pennit to site a "peeker," power plant, the City has also
negotiated with PG&E to receive up to $30,000 in funding and in-kind services to
develop photovoltaic (solar) electricity at one City facility,
6-9
Page 4, Item No.:
Meeting Date: 11/14/00
3. Measure 3 - Municipal Clean Fuel Demonstration Proiect (ON-GOING) The City
continues to work with the California Energy Commission (CEC) and SunLine Transit
Agency to demonstrate a hydrogen fuel ceIl transit bus in Chula Vista, In December
1999, the City Council approved a Memorandum of Understanding to implement a multi-
year demonstration project. The CEC awarded a $500,000 grant to the City of Chula
Vista. The City Council also approved $36,000 in transit funds to further develop the
program and pursue Department of Energy funds. In February 2000 the U,S. Department
of Energy (DOE) awarded the CEC $500,000 in grant funding to demonstrate hydrogen
generation technology in California. The CEC in turn will award an additional $500,000
in matching funds to the City of Chula Vista for the demonstration project,
3. Measure 4 - Telecommuting and te!ecenters (CLOSED) In 1993 the San Diego Air
Pol1ution Control District proposed a mandatory rule for employers to develop a
Transportation Demand Management Plan, In response to the impending rule a pilot
Telecommuting Program for City employees was developed. The program resulted in
several City employees that currently telecornmute today and continues to be encouraged.
In 1993 the City initiated its involvement in the statewide Caltrans sponsored
Neighborhood Telecenters Program, In 1994 the H Street Telecenter opened followed by
the opening of the Downtown Telecenter in 1995, At its height, both Telecenters served
approximately 50 participants fÌ'om over 25 organizations. After fours years of operation,
the Telecenters were not able to generate enough revenue to be self-sufficient. Outside
funding was exhausted and the facilities were closed. Staff will continue to pursue the
development and implementation of an alternate means of generating the C02 reduction
]ost by the cancellation of this component of the program.
5. Measure 5 - Municipal Building U9f?:rades and Trip Reduction (ON-GOING) Retrofits
were implemented at all city facilities by upgrading lights, many HV AC systems and
other appliances with energy-saving devices that have resulted in reduction of energy
costs and consumption. Additional HV AC· and other improvements will be made, as
major capital items are schedule to be replaced or refurbished, Staff continues to work
with SDG&E, the San Diego Energy Office and other contractors to identify energy
efficiency opportunities for new construction and renovation projects with a goal of
exceeding Title XXIV requirements by 15% ,to 20%, Contributing to the reduction of
vehicle miles traveled by City employees and customers is the addition of the Building
Departments eastern office and permitting process via the Intemet, Staff is also in the
process of expanding opportunities for the public to use the City's website to access
information and communicate with staff without traveling to the Civic Center and other
City facilities. The Environmental Resource Manager will. include as a part of his work
plan the development and implementation of a Van/Car Pool Program for City
Employees.
6. Measure 10 - Green Power Public Education Program (COMPLETED) In June 1998
staff was directed to develop a public education program for Chula Vista residents, Theaprogram provided information about renewable power choices specifically relating to
green power. Information was published in the local newspaper, sent with trash biIls and
is still today provided at various special events, In the future that information will be
.
6-10
Page 5, Item No.:
Meeting Date: 11/14/00
available on the City's web site where it can be updated and linked to information
regarding other C02 reduction options for their home and business, In addition, a global
warming education module has been successfully implemented in the Chula Vista
Elementary School District. This moduJe educates elementary aged school children
about the harmful effects of CCh in the atmosphere.
7. Measure 16 - Traffic Silmal and Svstem Uperades (ONGOING) The City changed all
1874 red lamps in its traffic signals to LED lamps, resulting in a 33% savings in energy
costs and a reduction of 1,599 tons C02. Using light-emitting diode technology to
replace incandescent lamps in traffic signals has saved the City over $80,000 per year,
This effort also involved the City purchase of street lamps rrom SDG&E. The payback
was approximately 2,5 years on a total investment of $250,000, Traffic Division staff
continues to work with SDG&E to identify change out opportunities for green lamps.
8. . Measure 17 - Student Transit Subsidy (NOT IMPLEMENTED) This measure
encourages transit subsidies for post-secondary students to mitigate new development
related to area impact. Funding continues to be difficult to obtain. Staff will pursue an
outside funding source and potentially more cost-effective ways to achieve the CCh
projected from this component. .
9. Measure 19 - Municipal Life-Cycle PurchasilllZ Standards (ONGOING) This
measure involves the inclusion of life-cycle energy costs as a selection criteria in a
comprehensive purchasing policy for energy-consuming equipment. The policy has lead
to the purchase of a number of green star appliances and building design or equipment
changes that promote energy efficiency,
Measures Recommended for Imolementation Throul!'h Prol!'rams Administered bv
Planninl!' and Buildinl!' Deoartment
A number of the measures found in the C02 Reduction Plan are directly related to land use and
can be implemented under one of three levels within the proposed "Sustainable Development
Program," Citywide, Sectional/Community Planning, and Project levels.
At the Citywide level, the feasibility of the land use measures win be reviewed as a part of the
upcoming General Plan update. The final work program for the General Plan update is being
developed and will go forward to the City Council for review and approval in the near future. As
part of this work program, staff will be proposing a Citywide "Land Use Distribution Study"
which will evaluate possible locations for development near transit stations or other major
activity centers, where mixed uses and higher density residential development will be
considered,
At the Sectional/Community Planning Level, staff will be updating the guidelines for preparation
of Air Quality Improvement Plans, which are already required to be prepared for all new projects
at the SPA plan level of review,
,
6-11
Page 6, Item No.:
Meeting Date: 11/14/00
A major component of the Program at the Project Level will be the development of programs
such as the Energy Efficient Building Program (also known as the Chula Vista GreenStar
Building Incentive Program), This program is being designed to significantly reduce carbon
dioxide emissions by utilizing construction materials and practices, which raise energy
efficiency.
It is recommended that the City Council direct staff to include the following ten measures in
future planning efforts including the General Plan update and implementation,
l. Measure 6 - Enhanced Pedestrian Connections to Transit (CITYWIDE LEVEL)
Installation of direct, convenient walkways and crossings between bus stops and
surrounding land-uses,
2. Measure 7 - Increased HousinlZ Densitv Near Transit (CITYWIDE LEVEL)
Consideration of increases in residential land use designations to reach an average of 14 _
18 dweIlíng units per acre or more within a quarter mile of major transit routes and stops,
where adequate public services can be provided.
3, Measure 8 - Site DesÎlm with Transit Orientation (CITYWIDE LEVEL) Placement of
buildings and circulation routes to emphasize transit, including bus turn-outs and other
stop amenities,
4, Measure 9 - Increased Land Use Mix (CITYWIDE LEVEL) Consideration of greater
dispersion of a wide variety of land uses, such as siting of neighborhòod commercial uses
in residential areas, and inclusion of housing in commercial and light industrial areas
where adequate public services can be provided.
5. Measure 11 - Site design with PedestrianlBicvcle Orientation (SECTIONAL /
COMMUNITY PLANNING LEVEL. ONGOING) . Staff has been implementing this
measure in several areas of the City through applicable land use standards, It encourages
the placement of buildings and circulation routes in key areas and includes bike paths,
bike racks and pedestrian benches,
6, Measure 12 - Bicvcle Integration with Transit and EmpJovrnent (ONGOING) This
measure encourages employers and transit providers to provide bike storage at major
transit stops and employment areas and includes bike racks on buses. Employers ar.e also
encouraged to provide showers at major transit nodes,
7. Measure 13 - Bicycle Lanes. Paths and Routes (SECTIONAL/COMMUNITY
PLANING LEVEL. ON-GOING) Staff bas continued to implement the City's Bikeway
Master Plan, adopted ín 1996. To date 67 miles of the planned 150 mile bikeway system
have been completed with an additional 93 miles of lanes necessary to complete the
existing Master Plan. In order to incorporate current information and accommodate
future needs an update to the Bikeway Master Plan will be required. In addition a
Bikeway Feasibility Study for the Chula Vista Greenbelt Master Plan will be developed,
,
6-1-2
Page 7, Item No.:
Meeting Date: 11/14/00
8. Measure 14 - EnerllV Efficient Lan:dscapin~ (SECTIONAL/COMMUNITY PLANNING
LEVEL) This measure promotes the "strategic planting," of shade trees for new single-
family residences as part of an overall city-wide tree planting effort to reduce ambient
temperatures, smog formation, energy use and C02. The development of energy efficient
landscape amendments and an update of the landscape manual are necessary to
accomplish this measure.
9, Measure 15 - Solar Pool Heatine: (UNDER REVIEW) This measure calls for a mandatory
building code requirement for solar heating or optional motorized insulated pool covers
for new pools, Staff has found that in the majority of pools being constructed, heating is
only utilized for the spa, due to the high cost associated with both installation and
utilization. Solar heating cannot produce the temperatures necessary to heat a spa and the
benefit of a mandatory requirement is questionable. Staff will develop a list options that
will help new pool permit applicants meet the C02 reduction goals should they choose to
heat their pool.
10. Measure 18 - Ener~ Efficient BuiJdim! Proe:ram (PROJECT LEVEL) Reduces carbon
dioxide emissions by developing building programs that are a minimum of 20% more
energy efficient than Title 24 Energy Code requirements, Builders are encouraged to
voluntarily incorporate energy efficient features in their projects and are rewarded for
their commitment with priority permit processing and recognition awards, This program,
also known as the "GreenS tar" Building Incentive Program requires third party energy
inspections and C02 measurements to gauge the success of the program once completed,
11. Measure 20 - Increased Emvloyment Density Near Transit (CITYWIDE LEVEL)
Increase in land use and zoning designations to focus employment- generating land uses
within a quarter mile of major transit stops,
FISCAL IMPACT:
The ongoing costs of implementation of the "Smart Growth" program are difficult to determine
since most of the measures are currently or will be a part of other City activities. The majority of
the costs incurred will be in staff time ,
In the spring of 1997 the City was awarded an $80,000 grant ITom the Environmental Protection
Agency to develop the GreenStar Building Incentive Program. The grant provided funds that are
enabling a contract employee to design and administer the program, Future implementation of
"GreenS tar" will require outside assistance in order to provide accurate CQ:¡ measurements
within participating project sites; however, the grant provides for such contractual services.
A grant of $500,000 was also secured to fund the majority of the costs associated with the
Municipal Clean Fuel (Bus) Demonstration Project. A matching grant of $500,000 is anticipated
ITom the California Energy Commission in the near future,
6-13
Page 8, Item No.:
Meeting Date: 11/14/00
Staff will return"to Council early next year with further information as to how implementation
will be programmed.
Attachments
A C02 Reduction PIan
B. C02 Reduction PIan Measures
C. Negative Declaration 15-98-29 and Addendnm to 18-98-29
D. Board/Commission Recommendations
(MTM: C02 Progr.nn-CA5-Adopt-co2,plan)
6-14
EXHIBIT A
On file in the City Clerk's Office
6-15
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ATIACHMENT 3
ATTACHMENT 1
Energy Strategy and Action Plan
6-17
~~~
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, -- -- -- -
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~~---~
ellY OF
CHUIA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
,
t Background and Overview
I
In light of the State's energy crisis, the City
of Chula Vista secured the services of
MRW and Associates to provide an
assessment of energy management options
which may allow the City to gain a measure
of control over the City's demand and
supply of energy as well as the financial
costs of the City's energy use over time.
MRW provided broad general
options/recommendations with staff
recommending a variety of action items to
implement or advance them to the extent
possible or feasible. The MRW report along
with the staff analysis, formed the basis for
this adopted City of Chula Vista Energy
Strategy and Action Plan ("Energy
Strategy"). Included as Exhibit A, is the
staff prepared Executive Summary of the
MRW report. Included as Exhibit B, is the
final Assessment of Chula Vista's Energy
Management Options report prepared by
MRW.
The Energy Strategy consists of eight (8)
broad-based effqrts that collectively seek to
take proactive steps to advance the
interests of the City of Chula Vista and its
residents and businesses in the areas of
energy conservation, supply, and
procurement. The broad-based efforts
include individual short-term action plans
and the assigned staff - responsible' for
implementing them.
Staff's recommendations attempt to make
progress, to the extent the City can, on
both the demand and supply sides of the
energy market. Certainly the City has the
ability to immediately affect the demand
side to a much greater degree than the
supply side; particularly in the short run.
The recommendations reflect the City's
commitment to expand our strong record in
energy conservation and the promotion and
use of renewable energy sources.
Energy Strategy and Action Plan
6-19
Relative to the supply sic!e, it is important
to note that there are a significant number
of new plants, both major power plants and
smaller peaker plants, in various stages of
development and approval that will make a
tremendous difference on supply statewide
over the next several years. The California
Energy Commission ICEC) is currently
reporting that it has in its application
process, 13 projects expected to deliver a
net capacity amount of 6,187 MW of new
power supply. This includes the 510 MW
Otay Mesa plant. Additionally, CEC reports
that there are currently 29 peaker plant
applications statewide being processed
under the Governor's emergency siting
authority. These peakers are expected to
deliver a total of 3,219 MW of peak load
generation capacity including the Otay
Mesa Larkspur project (90 MW) and the
proposed second peaker on Main Street in
Chula Vista (57 MW). However, these
plants will be primarily utilizing natural gas
and therefore further taxing the limited
supply of natural -gas to the State and San
Diego region (Section 2.6 of report). Long-
term supply issues need to address natural
gas supply, and in the process, could pave
the way for greater market potential for
renewable energy sources.
It is important to note that the Energy
Strategy does not contain an easy or quick
solution to the energy crisis for Chula ViSta.
If such a solution exists, it lies in the hands
of state and federal authorities, not the
City. The Energy Strategy does include
however, the best-known options at this
time to respond to the unique opportunities
and needs for Chula Vista. It is hoped that
through these efforts, as well as future
efforts that may emerge, - the City can
prevent energy from being a limiting factor
in the economic futute and sustainable
growth of our community.
Page 1
~
1. Monitor the energy market and legal restrictions and; be prepared
to enter into an Electrical Services Contract with an Energy
Services Provider (ESP) or power generator as allowed by law.
Rationale
. AS 1 X currently prohibits direct energy purchases for as long as the state has
outstanding long-term contracts. This law needs clarification, and may be
overturned, but for now, has squelched this market opportunity.
. There is some risk that if market conditions improve in the next 1-3 years, a
long-term commitment to an ESP will burden the City with higher cost
electricity.
. Subject to removal of existing legal restrictions, seek Council authorization to negotiate
contract within the following parameters:
Pledge up to City's entire load (14MW)
Term: Shortest time possible, but not to exceed 3 years
Price: Establish a maximum fixed price beneath which staff has the authority to
negotiate
Give authority to explore different pricing mechanisms and energy derivatives
Timeframe:
City Manager's Office - Administration
Administration - Special Operations
Administration - Legislative
Ongoing
Staffing: Lead:
Support:
Energy Strategy and Action Plan
Page 2
6-20
2.
Pursue Distributed Generation and "district"
opportunities for specific facilities and technologies.
generation 1
Rationale
· Distributed generation can b~ used as a source of energy at peak periods when
power is most expensive.
· Some types of distributed generation offer significant environmental benefits to
the local area.
· Because distributed generation can be accomplished with a low capital
investment (relative to large-scale power plants), the financial risk to the City of
this option is more manageable than pursuing the development of a City-
financed power plant.
· Current and proposed funding and incentive programs that are available for
distributed generation projects enhance the attractiveness of this option vis-à-
vis other options. In particular. the Legislature's Special Session could lead to
new funding for distributed generation and potentially an easing of regulatory
and market barriers to distributed generation.
· Distributed generation can power just City facilities, or, depending upon
capacity and location, could be utilized with adjacent industrial sites in an 'over-
the-fence" transaction. The City also should identify potential landfill gas
resources and explore development of those resources, as has been done in the
County at the Miramar, Sycamore and Otay landfills that use landfill methane
gas to manufacture energy. In a hypothetical application of distributed
generation at the Chula Vista Police Department, a best-case scenario for
distributed generation provides power to the Police Department at about 7-8
cents per kWh at historical natural gas prices and 11-13 cents per kWh at
current eievated prices.
Note,: In terms of downside risk, there is some risk the CPUC will rule in favor of
the utilities' position on distribution stranded costs or other issues that could limit
the financial attractiveness of distributed generation.
1 "Distributed Generation" refers to small power generation units (generally up to 30 MW) located at or
near load centers that could include multiple end users through "over the fence" transactions.
Technologies include simple cycle gas turbines, fuel cells and photovoltaics. "Districf' generation refers
to the efficient use of hot water, steam or cold water between entities to reduce consumption of
electricity or gas, -
Energy Strategy and Action Plan
Page 3
6-21
· Solicit site specific proposals for:
0) City Facilities (New Corporation Yard; Civic Center/Police Facility;
Library and Recreation facilities)
b) Economic Development Opportunities (Goodrich Co.; Maxwell Road
site; LandSank site)
· Pursue Solar Energy and Distribution Generation Grant Program offered through
California Energy Commission (CEe¡ and other sources
· Monitor CPUC proceedings and encourage decisions that facilitate the program
Staffing: (City facilities) Lead: Administration - Special Operations
Support: Public Works - Operations
Administration - Special Operations
Administration - Legislative
{Econ. Dev.1 Lead: Community Development - Administration
Support: Administration - Special Operations
Timeframe: Six (6) months for City facilities
Ongoing for Economic Development opportunities due to general real
estate development uncertainties.
Energy Strategy and Action Plan
Page 4
6-22
3. Partner with a third-party to build and operate power generation
facilities.
Rationale
· The City has an excellent opportu·nity to pursue this option with Duke Energy as
part of the modernization of the South Bay plant.
· A partnership can be structured in numerous ways to share the risks and benefits of
development and operation, and to leverage what each party brings to the table.
For example, in consideration for facilitating the redevelopment of the South Bay
plant, the City could obtain rights to receive a dedicated share of the plant's
capacity, a share of plant revenues, and/or other public benefits such as Bayfront
infrastructure, City facility energy projects, etc.
· Proposed legislation may expedite the licensing and permitting process for new
power plants (primarily peaking plants) and for the repowering of existing power
plants. Because this legislation will likely have sunset provisions (Le., dates upon
which they expire), the next one to three years may provide an ideal window to
push through the development and siting of a power plant.
· Competing legislation may reduce the attractiveness of owning or sharing in the
development of a power plant. For example, legislation, if passed, may require the
owner of a power plant to sell its electricity only to in-state customers, limiting the
potantial market for the plant's output (legislation pushing far this 'California First"
policy has been softened in latest versions and now is framed in terms of price
parity far California vis-à-vis out of state customers). A mare draconian measure
proposed in new legislation would make any owner of a power generation facility a
public utility subject to the jurisdiction of the CPUC (although the legal validity of
such legislation is uncertain),
· California's electricity market structure is still in a state of flux and there is
considerable uncertainty as to how the market will operate in the future. This
regulato.rv uncertainty is significant.
· Monitor discussions and negotiations between the Port District and their operating
contractor (Duke Energy) and continue positive and proactive negotiations with them
regarding terms for the redevelopment of the South Bay Plant
Initial areas for investigation and analysis include but may not necessarily be
limited to:
· Project description and scoping
· Site planning; issue definition
· Shared risks and benefits
Energy Strategy and Action Plan
Page 5
6-23
Staffing: Lead:
Support:
Timeframe:
City Manager's Office - Administration
Community Development - Administration
Adminis1ration - Special Operations
Ongoing
Energy Strategy and Action Plan
6-24
, ,
Page 6
4. Develop an emissions offsets program based on mobile sources
Rationale
. Some City Conservation programs could be utilized to obtain emission offset credits
from conversion of diesel/gasoline-powered vehicles to Natural Gas power. These
could be sold or utilized to facilitate local alternative sources of power generation or
fund the conversion of City fleet vehicles to cleaner air vehicles.
· Work with air quality officials to realize the benefits of any City investment in
alternative fuel vehicles
· Work with future generators and the APCD to ensure any mitigation funds generated
are invested locally
· Develop portfolio of potential offset projects to make available to new generation
sources requiring offsets
Staffing: lead:
Support:
Administration - Special Operations
None
Six (6) months
Timeframe:
Energy Strategy and ActJOn Plan
Page 7
6-25
5. Take initial steps. to more specifically assess the costs and
benefits of forming and operating as a Municipal Utility to
own/operate all or portions of the local distribution system
Rationale
· A municipal utility has preferential access to cheap federal hydropower (but there is
a 'waiting list" for access to this power! and potentially other alternative power
supply sources. It does not pay federal income taxes, and it has access to tax-
exempt debt to finance capital projects.
· A municipal utility may be able to provide distribution services at a lower cost than
the incumbent utility, Note, however, distribution costs are not the primary driver
of current high power costs,
· By operating the distribution system the City would have the ability to structure
rates in a manner that rewards conservation, encourages the use of off-peak power,
and provides the City with control over how and where . public benefit,'
conservation funds are invested.
· With the structure of California's electricity market in flux, the outlook for a
municipal utility is uncertain. It is unclear at this stage whether municipal utilities,
particularly ones yet to be established, will be able to buy power from DWR. If they
cannot, a City utility would have to procure power on the open market.
· Lassen Municipal Utilities District is the most recent example in California of a
formation of a new municipal utility. LMUD now faces significant rate increases due
to power procurement decisions that, with hindsight, were ill advised. SMUD also is
planning to raise its electricity rates; however, this will be the first rate increase in
ten years and rates will still be lower than PG&E's electricity rates before this recent
round of PUC approved rate increases,
· Present ordinance to declore City 0 Municipal Utility
· Commence negotiations with SDG&E to identify mutuolly beneficiol partnerships
· After formal Council approvol of 0 consuitant cantrad, condud preliminary appraisal and
pre-feasibility consultant services necessary to evaluate rough facility acquisition costs and
other reloted studies that will provide a business model to tesl the economics of City
ownership and aperalion (estimoted $50,000). The pre-feasibility analysis is the first maior
step necessary to begin the formal process of establishing on integrated municipal utility,
· Coordinate any effort on this strategy with other jurisdidions
Timeframe:
City Manager's Office - Administration
Community Development - Administration
Administration - Special Operations
Consultant selection - three (3) months
Pre-feasibility analysis completed - six (61 months
Staffing: Lead:
Support:
Energy Strategy and Action Plan
Page 8
6-26
6.
Become a municipal "aggregator"2 and acquire
negotiated rates for City facilities and
residents/business customers
electricity at
participating
Rationale
· Municipal aggregation offers the potential for lower electricity costs and certain
non-price benefits as minimal initial capital investment.
· The City of Palm Springs saved customers in its aggregation program $88.000 in
only two years, (The program has since been suspended.)
· Current law requires procedures whereby local residents and businesses must
affirmatively "opt in" to an aggregation plan, This dramatiœlly reduces
participation, and therefore the benefits of aggregation. However, there is
legislation currently under discussion to change this provision and allow municipal
aggregation programs to be done on an "opt-out" basis. If there is a change in the
law, this option is more promising in terms of the potential benefits such a program
couid provide to Chula Vista's residents and businesses.
· Although the risk to the City under this option is less than the above two options,
municipal aggregation is likely to yield very minimal benefits while burdening the
City with administrative and contractual responsibilities.
. Support legislotion thot preserves consumer choices ond authorizes 'opt out' aggregation
programs and be prepared to further anolyze the potential risk and benefits of pursuing such
a progrom
Staffing: Lead:
Support:
City Manager's Office - Administration
Administration - Special Operations
Administration - Legislative
Ongoing
Timeframe:
2 Municipal aggregation allows a municipality to procure electric power on behalf of their residents and
businesses under the presumption that consolldating or pooling numerous individual pUl'Chasers into a
single purchasing "load" will command more fayorable rates on the energy commodity market.
Energy Strategy and Action Plan
Page 9
J'"
6-27
7. Continue I expand energy conservation projects for City facilities
and promote energy efficient and renewable energy programs for
businesses and residents
Rationale
·
The City has a good record of implementing conservation programs in City facilities.
Current high prices of electricity and improved conservation technologies make the
paybacks on energy efficiency facilities even more attractive. Therefore, capital
investments in this area face minimal risk and should yield near-term paybacks and
they have the added benefit of complementing the City's C02 reduction plan.
Energy efficient facilities will reduce consumption and therefore reduce relative
ongoing energy costs reoardless of the outcome of market reforms and other state
,or federal actions.
Legislative initiatives will make millions of dollars of funding availabie to lower the
financial costs of energy conservation. Again, funding assistance reduces the City's
risk of pursuing energy efficiency options, Over $500 million in funding was
pledged under AS 1890 to reinvigorate the renewable energy industry in California,
So far, over $162 million has been paid for the development of 500 MW of new
renewable resources. while customers have received about $47 million in bill credits
through October 2000 for buying power from renewable energy providers.
Making information on the power crisis readily available and supporting energy
conservation or other energy management efforts may be a critical factor in
convincing businesses where energy costs are a large component of an operating
budget to remain located in Chula Vista. It will also help businesses remain
competitive over the short run. High energy consumption businesses include high-
tech and bio-tech manufacturers, refrigerated food wholesale and retailers, precision
machine shops and aerospace parts manufacturers.
Increased state funding for promotion of conservation options is likely to become
available, The City is in a good position to assist residents in availing themselves of
these funds.
Conservation represents the lowest risk to the investor, and the highest benefit to
the region and the environment. Every kilowatt saved or produced by an alternative
source is a reduction on demand pressures that should result in lower costs for
others, Conservation and alternative energy are also most productive dudng peak
hours when they are needed most.
Conservation and alternative energy have the added benefit of being good for the
environment and complement the City's commitment to climate protection,
An array of proactive energy programs could be critical in assisting business
attraction and retention activities,
·
·
·
·
·
·
City Facilities
. Provide odditional energy design, monagement ond funding support to the City Focilities
Project T eom.
Page 10
Energy Strategy and Action Plan
6-28
· Coordinate grant and other funding sources to implement energy savings.
· Establish a process thot encourages the Ciiy's design and build partners to present energy
options that exceed title 24 standards, and where appropriate, install comparable energy
conservation measures in existing City facilities.
· Coordinate effarts with energy service providers, the San Diego Regional Energy Office,
the California Energy Commission and ather agencies to take advantage af public facility
programs and obtain energy conservation certifications for new and remodeled facilities.
· Establish a modified work schedule for City employees, such as a 9/80 schedule. (Not
recommended at this time.)
NOTE.: As indicated in the memo, staff is not requesting that .Council take adion to
implement a 9/80 work schedule as part af the effort to reduce energy consumption
during peak summer demand. Staff has cancluded that the schedule needed to generate
the energy benefits needed to meet the ten percent (10%) conservation goal would be too'
disruptive to public services. Additionally, there is not enough time to allow families
sufficient time to adjust to the changes that would need ta occur ta the planning and
promotion that has gone into summer programs for seniors, children and other potentially
dependent members of the community that rely on those public services. Staff believes
strongly that there is merit in the 9/80 plan from conservation and other important
perspectives but more planning is needed to fully take advantage of those benefi1s and
minimize the potential impacts to service. Staff will work with 011 City departments and
Council to develop altemative energy conservation measures to replace the energy
savings that are needed to meet the State recommended goals that would have accrued
under 9/80 plan.
Residents and Businesses
· Distribute free energy saving retrofits for existing residences.
· Develop matching fund programs to assist lacal businesses with energy retrofits.
· Analyze available options to provide incentives to businesses that utilize renewable
sources of energy (i.e. solar panels, wind power, distributive, etc.)
IS City matching funds
e Grants or law interest loons (Sec. 108, CDBG, CEC Solar Energy Grant Program)
"" Rebates (in partnership with SDG&E)
.., Free publicity
· Identify ond support state and federal grant opportunities that encourage businesses to
further develop or bring-to-market new energy-related technologies (i.e. wave technology,
fuel cell, etc.)
· Provide public education, information and assistance to residents and businesses so they
may take advantage of rebate, loan and grant programs that assist energy conservation.
This cauld include developing an Energy Conservation Resource Guide. '
· Include energy resource information on the Ci1y's website with links to relevant energy
assistance websites (i,e. U,S. Dept. of Energy, SDG&E Small Business Services, San Diego
Regional Energy Office, etc.)
· Conduct business outreach workshops inviting guest speakers from various consulting
groups and service organizations/agencies to pravide information on energy
Energy Strategy and Action Plan
Page 11
6-29
conservation, renewable/sustainable sources of energy, and govemment progroms that
provide funding/rebates to support these efforts.
. Portner with other service/communily organizations to broadcast energy saving resources
and tips to businesses via newsletters, information pamphlets and websites and
coardinate efforts with the Planning Department.
. Continue to utilize MRW to assist companies with contract negotiations as well as with
general energy-related inquiries,
Staffing: Lead:
Support :
Administration - Special Operations
Community Development - Economic Development
Ongoing
Timeframe:
Energy Strategy and A(;"~,, ""-m
Page 12
'.~
6-30
8. DEVELOP AND IMPLEMENT A LEGISLATIVE STRATEGY THAT
FACILITATES THE CITY'S OVERALL ENERGY PLAN
Rationale
. Energy supply and cost issues will be dramatically affected by federal and state
actions, Issues such as electricity supply costs, transmission reliability, natural gas
supply/reliability. municipal utility operations, distributed energy. aggregation.
environmental protection, power plant siting, direct energy procurement, and
aggregation are all subjects of current Legislation. Favorable state laws couild
enhance and facilitate numerous City Energy Plan Options.
Add a new category to the City's existing Legislative Program that embodies the City's
goals in such key areas as environmental protection, electrical supply costs, transmissin
reliability, natural gas supply and availability and power plant siting. This category would
include the following:
Support measures that:
1. Assist the City and its energy consumers improve supply/demand conditions and
enhance conservation measures.
2. Preserve local options to control and fund the supply and distribution of energy
(including the formation of a municipal utility district) or that fund conservation
programs.
3. Enhance the City's ability to enter into distributed generation agreements without
having to pay stranded transmission or distribution charges.
4. Impose "fair and reasonable" wholesale price caps.
5. Repeal the provision in AB1 X that suspends customer choice, and pass a favorable bill
for customer choice (SB 27X or a similar one).
6. Make municipal aggregation programs available on an "opt-out" basis.
7. Allow public agencies (not just municipal utilities) such as the City to participate in
state power supply programs.
8. Encourage use of real time metering.
9. Increase incentives for photovoltaic and other alternative energy sources.
Oppose measures that:
1. Impinge on or restrict the City's ability to exercise land use review/control with respect
to the generation ortransmission of power.
2. Erode the City's ability .to acquire/generate power from alternative sources, operate as
a municipal utility, or' enter into aggregation and/or distributed generation
arrangements,
Energy Strategy and Action Plan
Page 13
6-31
Staffing: Lead:
Timeframe:
Support:
Administration - Legislative
Administration - Special Operations
Community Development - Economic Development
Ongoing
Energy Strategy and Action Plan
/ & - ;16
6-32
Page 14
RESOLUTION 2005-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING COUNCIL POLICY No._~,:d.o-03
REGARDING ENERGY CONSERVATION AND
RENEWABLE ENERGY GUIDELINES FOR CITY
BUILDINGS AND FACILITIES
WHEREAS, since 1993, the City of Chula Vista has proactively identified
and implemented energy conservation projects and installed renewable power (Solar) on
City buildings and facilities to reduce the City's reliance on fossil fuel-generated
electricity and to help protect the environment; and
WHEREAS, to date, the City has implemented approximately $1.4 million in
energy efficiency projects; and '
WHEREAS, the City has avoided approximately $2.75 million in energy cost,
saved approximately 33 MW-hrs of electricity and avoided 25,000 tons of C02
emissions; and
WHEREAS, the City's energy conservation and renewable energy projects have
generated positive economic results for the City and at the same time have benefited the
environment through reduced C02 emissions; and .
WHEREAS, adopting the Building Energy Policy sets a minimum energy-
efficiency goal for City buildings and facilities and directs staff to present Council ,vith
renewable power generation and supply options for City buildings and facilities; and
WHEREAS, this policy will reduce City's cost to operate buildings and facilities,
reduce the City's energy consumption, and protect the environment.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby adopt COl.illcil Policy No. , regarding Energy Conservation
and Renewable Energy Guidelines for City buildings and facilities,
Presented by
Michael Meacham
Director of Conservation and
Environmental Services
J:\attomey\rcso\Policy\Energy Policy
6-33
ATTACHMENT 1
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Building Energy Efficiency Policy POLICY EFFECTIVE
NUMBER DATE PAGE
XXX-XX XX-XX-XX 1 of 3
~4o-{)3
I ADOPTED BY: Policy No. 2004-XXX ·1 DATED: XX-XX-XX I
I Final Draft I
BACKGROUND
Since 1993, the City of Chula Vista has proactively implemented energy conservation
projects and installed renewable power (Solar) to reduce the City's reliance on fossil
fuel-generated electricity and to help protect the environment.
To date, the City has implemented approximately $1.4 million in energy efficiency
projects. The City has invested approximately $1 million in City funds and received
$400,000 in offsetting grants and incentives. The projects have helped the City avoid
approximately $2.75 million in energy cost, saved approximately 33 MW-hrs of
electricity and avoided 25,000 tons of C02 emissions.
The City saves enough electricity to power approximately 500 homes for one year.
The City memorialized these accomplishments by adopting the C02 Reduction Plan
("C02 Plan") in November 2000 and the Energy Strategy & Action Plan ("Energy Plan")
in May 2001.
This Policy will continue the City's efforts to use less energy, reduce cost to operate
buildings and facilities, and help to protect the environment.
PURPOSE
The purpose of the Building Energy Efficiency Policy is to reaffirm the City Council's
commitment to energy conservation and use of renewable power for city buildings and
facilities.
POLICY
It is the City Council's Policy to pursue City buildings and facilities that are more energy
efficienUhan current State energy conservation standards (California Code of
Regulations; Title 24), to incorporate non-fossil fuel based renewable generation into
City buildings and facilities and to purchase non-fossil fuel based renewable energy for
all City buildings and facilities.
:
6-34
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Building Energy Efficiency Policy POLICY EFFECTIVE
NUMBER DATE PAGE
XXX-XX XX-XX-XX 2of3
, ,
I ADOPTED BY: Policy No. 2004-XXX I DATED: XX-XX-XX I
I Final Draft I
PROCEDURE
Conservation and Environmental Services staff will provide support and technical
assistance to General Services, Purchasing and other departments that may be
responsible for these projects,
A. The Building Energy Efficiency Policy guidelines will apply to new and major
renovation City buildings and facilities projects. Facilities include but are not
limited to parks, ball fields, streetlights, traffic signal lights and sewer pump
stations.
8, Staff will strive to achieve the following guidelines:
· Passive Heatino' and CoolinG Guideline: All new buildings and
facilities should be designed to take maximum advantage of passive and
natural sources of heat, cooling, ventilation and light.
· Buildino EnerGV Efficiencv Guideline: New and major renovation
buildings over 4,500 square feet should be at least 20% more energy efficient
than State conservation standards (California Code of Regulation; Title 24);
· Facilities EnerGV Efficiencv Guideline: All facilities should be
upgraded in aggregate as higher energy efficiency technology becomes
available.
· Renewable Enerqy Generation Guildeline: All new and major renovation
buildings and facilities should incorporate on-site generation using non-fossil
fuel based renewable technology. New buildings and facilities should be
designed to meet a goal of generating up to 20% of the energy requirement.
The overall goal is to provide 20% or more of the energy demand for City
owned facilities with renewable energy on a citywide basis,
· Renewable Eneroy Purchase Guildeline: Up to 100% of the energy
purchased for City bUildings and facilities should be supplied from non-fossil
fuel renewable energy sources. Renewable energy will be purchased for
buildings and facilities as they become available and as long as costs are
equivalent to or below local utility r<Îtes.
6-35
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Building Energy Efficiency Policy POLlCY EFFECTIVE
NUMBER DATE PAGE
XXX-XX XX-XX-XX 30f3
I ADOPTED BY: Policy No, 2004-XXX I DATED: XX-XX-XX I
I Final Draft I
. Enerqv Star Products Guideline: All new City buildings and
facilities should be equipped with Energy Star qualified products. Existing
buildings and facilities will be upgraded in aggregate as higher energy
efficiency technology becomes available.
C. General Services and Conservation & Environmental Services staff will
coordinate evaluation of energy conservation, renewable generation and
renewable energy supply proposals based on their ability to:
· Generate operational savings,
· Result in C02 emissions reductions,
· R.esult in air quality improvements, and
· Acquire grants and incentives to offset project costs.
REFERENCE DOCUMENTS:
1. C02 Reduction Plan
2. Energy Strategy and Action Plan
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