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HomeMy WebLinkAbout2008/10/21 Agenda Packet . "I,~;....lc~!81JIid8r })i:.mG.ii:y C): P8fJLdJ' li:,..H i ,-,-,.1 ,mployed by the City oi Ctlula Vista in Hie .Jtfice of the City Clerk and that I posted this~ ~ f..; document on the bulletin board according~ ~ ,ct requirements, ~ ~...;..~ /O(17/og . ~~- = Signed 'BJ1$l Cheryl Cox, Mayor Rudy Ramirez, ,Council member Scott Tulloch, Interim City Manager John McCann, Councilmember Bart Miesfeld, Interim City Attorney Jerry R. Rindone, Cou!,,!cilmember Donna Norris, City Clerk Steve Castaneda, Councilmember October 21, 2008 6:00 P.M. Council Chambers City Hall 276 Fourth Avenue CALL TO ORDER ROLL CALL: Councilmembers Castaneda, McCann, Ramirez, Rindone, and Mayor Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE CONSENT CALENDAR (Items I through 9) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or staff requests that an item be removedfor discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. I. APPROVAL OF MINUTES of August 12 and September 9, 2008. Staffrecommendation: Council approve the minutes. 2. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTERS 20.04 AND 5.02 OF THE CHULA VISTA MUNICIPAL CODE BY ADDING SECTIONS 20.04.025 A.ND 20.04.050 AND A CROSS REFERENCE IN SECTION 5.02 (FIRST READING) Page 1 - Council Agenda httD://\VW\v. c hula v istaca. Q"ov October 2 I, 2008 On July 10,2008 City Council approved the Climate Change Program's implementation plans for seven new measures to reduce Chula Vista's citywide greenhouse gas or "carbon" emissions by lowering energy and water consumption, installing renewable energy systems, promoting alternative fuel vehicles and designing pedestrian and transit- friendly communities. Climate Change Program Measure #3's implementation plan directs staff to create a new municipal ordinance that encourages businesses to participate in a free energy and water assessment of their facilities. Adoption of the ordinance assists businesses with identifying opportunities to reduce their monthly utility costs through a no-cost, voluntary assessment program, which will be integrated into the business licensing process. (Conservation & Environmental Services Director) Staff recommendation: Council hold first reading of the ordinance. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR AUTO PARK NORTH TENTATIVE PARCEL MAP 03-03 The proposed amendment will allow and obligate Chula Vista Auto Park Association, a California nonprofit mutual benefit corporation, to perpetually maintain curb inlet inserts within the public right-of-way. (City Engineer/Engineering Director) Staffrecommendation: Council adopt the resolution. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE EXECUTION AND DELIVERY OF A SECOND SUPPLEMENTAL BOND INDENTURE IN CONNECTION WITH THE CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 07-1 (OTAY RANCH VILLAGE II) 2004 SPECIAL TAX BONDS Aj~D 2006 SPECIAL TAX BONDS Community Facilities District No. 07-1 was formed to provide the financing for streets and infrastructure for Otay Ranch Village II (WindingWalk). The developer, Brookfield Shea Otay, has requested that funds, previously budgeted for major roads on the perimeter of the project (within the Transportation Development Impact Fee program), be used for backbone roads within the project. The Second Supplemental Bond Indenture provides for this action. (City Engineer/Engineering Director, Finance Director) Staff recommendation: Council adopt the resolution. 5. FISCAL YEAR 2007/2008 ANNUAL FINANCIAL STATUS REPORT This report is provided in order to meet the City Charter requirement of publishing the City's Combined Statement of Revenues, Expenditures and changes in Fund Equity in the local newspaper within 120 days of the close of the fiscal year. The statement is scheduled for publication in the October 24th issue of The Star News, which is the City's adjudicated newspaper of general circulation. (Finance Director) Staff recommendation: Council accept the report. Page 2 - Council Agenda httu :/i 'INWW .chula v is taC:.J. gov October 21, 2008 6. . RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDfNG FISCAL YEAR 2007/2008 BUDGET IN ACCORDANCE WITH THE COUNCIL POLICY ON FINANCIAL REPORTING AND TRANSFER AUTHORITY (4/5THS VOTE REQUIRED) The Council Policy on Financial Reporting and Transfer Authority requires all departments complete the fiscal year with a positive balance in each budget summary category (Personnel Services, Supplies and Services, Other Expenses and Capital). In order to comply with the intent of this policy, the transfers discussed in the report are recommended for approval. All General Fund transfers can be accomplished using existing appropriations. (Finance Director/Treasurer) Staff recommendation: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO ADOPTING THE PURCHASING ENVIRONMENT ALLY PREFERABLE PRODUCTS POLICY The City's Finance Department has an Environmentally Preferable Purchasing Policy (EPP) designed to encourage departments to purchase, whenever practical, environmentally preferable products. (Finance Director, Government Relations Liaison, Public Works Director) Staff recommendation: Council adopt the resolution. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING UPDATES AND CHANGES TO THE RECYCLING AND SOLID WASTE PLANNING MANUAL AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO APPROVE FUTURE UPDATES TO THE MANUAL On January 24, 2007, the Regional Water Quality Control Board adopted the National Pollutant Discharge Elimination System (NPDES) Municipal Permit, which requires jurisdictions within San Diego County to develop and enforce actions that prohibit the discharge of pollutants into the City's storm drains. Adoption of the resolution updates the City's Recycling and Solid Waste Planning Manual and includes requirements for recycling and solid waste enclosures and storage areas in new industrial, commercial, and multi-family developments to be designed with solid roofs to prevent storm water contact with trash and recyclables. It also includes allowing future updates to the manual to be made administratively with the approval of the City Manager or designee. (Public Works Director) Staffrecommendation: Council adopt the resolution. 9.A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM "0" STREET TO "I" STREET AND "H" STREET BETWEEN SECOND AND FOURTH A VENUES AND PORTIONS OF INTERSECTING STREETS FOR THE ANNUAL STARTLIGHT PARADE ON DECEMBER 6, 2008 FROM I P.M. TO 10 P.M. Page 3 - Council Agenda huu :/l \VWW .chu 13 vistaca .~~ October 21, 2008 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN CITY OF CHULA VISTA AND THIRD AVENUE VILLAGE ASSOCIATION FOR THE 46TH At"-iNUAL STARLIGHT PARADE ON DECEMBER 6, 2008 The annual Starlight Parade is a long standing holiday tradition in the community and will be held for the 46th year in Chula Vista. For the parade, the Third Avenue Village Association requests the closure of Third Avenue between "D" and "I" Streets, between Second and Fourth Avenues and portions of intersecting streets from I p.m. to 10 p.m. on Saturday, December 6. (Communications Director) Staffrecommendation: Council adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARINGS The following item(s) have been advertised as public hearing(s) as required by law. If you wish to speak on any item, please fill out a "Request to Speak"form (available in the lobby) and submit it to the CiLy Clerk prior to the meeting. 10. CONSIDERATION OF AMENDING THE CITY'S MASTER FEE SCHEDULE AND ESTABLISHING NEW GREENS FEES AT CHULA VISTA MUNICIPAL GOLF COURSE American Golf Corporation (AGC) is requesting rate changes to greens fees for the Chula Vista Municipal Golf Course. In accordance with the lease agreement, AGC can submit rate changes on an annual basis for the City's review and approval. The current greens fees have been in effect since August 1,2006. This item was continued from the meeting of October 14, 2008. (Public Works Director) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER VIII (GREENS FEES, CHULA VISTA MUNICIPAL GOLF COURSE) OF THE CITY'S MASTER FEE SCHEDULE AND ESTABLISHING NEW GREENS FEES AT CHULA VISTA MUNICIPAL GOLF COURSE Page 4 - Council Agenda htto ://www.chulavistaca.2:0v October 21, 2008 ACTION ITEMS The ltem(s) listed in this section of the agenda will be considered individually by the Council, and are expected to elicit discussion and deliberation. If you wish to speak on any item, pleasejill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 11. CONSIDERATION OF APPROPRIATION OF PARK ACQUISITION AND DEVELOPMENT FUNDS TO DEVELOP MASTER PLANS FOR THE OT A Y RAt'\JCH COMMUNITY MASTER PARK AND THE OTAY RANCH VILLAGE II NEIGHBORHOOD PARKS Adoption of the proposed resolutions appropriate funds to develop the Master Plans for the Otay Ranch Community Park (previously referred to as 70-Acre Park), and Otay Ranch Village 2 neighborhood parks. It is anticipated that the master planning process including land parcel acquisition, site analysis, and conceptual design for the Otay Ranch Community Park will take 18 to 30 months. The Master Plan programming and conceptual design for the two Otay Ranch neighborhood parks is each estimated to be completed within 12 to 18 months. Sufficient monies are available in the Park Acquisition and Development Fund to fund these work efforts. (City EngineerlEngineering Director) Staffrecommendation: Council adopt the following resolutions: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT ENTITLED "OTAY RANCH COMMUNITY PARK CIP NO. PR261", AMENDING THE FISCAL YEAR 2008/2009 CAPITAL IMPROVEMENT BUDGET, AND APPROPRIATING $697,764 FROM THE PARK ACQUISITION AND DEVELOPMENT FUND TO CIP NO. PR261 TO DEVELOP A MASTER PLAN FOR THE OTAY RANCH COMMUNITY PARK (4/5THS VOTE REQUIRED) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING TWO NEW CAPITAL IMPROVEMENT PROJECTS ENTITLED "OTAY RANCH VILLAGE 2 NEIGHBORHOOD PARK P-2 CIP NO. PR309" AND "OT A Y RANCH VILLAGE 2 NEIGHBORHOOD PARK P-3 CIP NO. PR308", AMENDING THE FISCAL YEAR 2008/2009 CAPITAL IMPROVEMENT BUDGET, AND APPROPRIATING $122,000 FROM THE PARK ACQUISITION AND DEVELOPMENT FUND CIP NO. PR308 AND APPROPRIATING $122,000 FROM THE PARK ACQUISITION AND DEVELOPMENT FUND CIP NO. PR309 TO DEVELOP MASTER PLANS FOR THE OT A Y RANCH VILLAGE 2 NEIGHBORHOOD PARK P-2 AND THE OTAY RANCH VILLAGE 2 NEIGHBORHOOD PARK P-3 (4/5THS VOTE REQUIRED) C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA EST ABLISHING A NEW CAP IT AL IMPROVEMENT PROJECT ENTITLED "SUNSET VIEW PARK SAFETY NETTING CIP NO. PR303", AMENDING THE FISCAL YEAR 2008/2009 CAPITAL IMPROVEMENT BUDGET, AND APPROPRIATING $150,000 FROM THE PARK ACQUISITION AND DEVELOPMENT FUND FOR SAFETY NETTING AT THE SUNSET VIEW PARK ROLLER HOCKEY RINK (4/5THS VOTE REQUIRED) Page 5 - Council Agenda http:// .."WIN.C hulav is tat3-. gov October 21, 2008 OTHER BUSINESS 12. CITY MANAGER'S REPORTS 13. MA YOR'S REPORTS 14. COUNCIL COMMENTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M. Brown Act (Government Code 54957.7). 15. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 Title: City Manager 16. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUA1"1T TO GOVERNMENT CODE SECTION 54956.9(b): Two cases ADJOURNMENT to the Regular Meeting of October 28, 2008 at 6:00 p.m. in the Council Chambers. N!aterials provided to the City Council related to any open-session item on this agenda are available for public review at the City Clerk's Office, located in City Hall at 276 Fourth Avenue, Building 100, during normal business hours. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, contact the City Clerk's Office at (619) 691-5041 or Telecommunications Devices for the Deaf (TDD) at (619) 585-5655 at least forty-eight hours in advance for meetings and five days for scheduled services and activities. California Relay Service is also available for the hearing impaired. Page 6 - Council Agenda hno:/ /www.chutavistaca.;rov October 2\, 2008 DR.'\FT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA August 12,2008 6:00 P.M. A Regular meeting of the City Council of the City of Chula Vista was called to order at 6:03 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. . ROLL CALL: PRESENT: Councilmembers Castaneda, McCann, Ramirez, Rindone, and Mayor Cox ABSENT: None ALSO PRESENT: City Manager Garcia, Interim City Attorney Miesfeld, Interim City Clerk Norris, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATHS OF OFFICE Catherine Johnson to the Safety Commission Lilia Meza to the International Friendship Commission Emma Abutin to the Human Relations Commission Interim City Clerk Norris administered the oath of office to Commissioners Catherine Johnson and Lilia Meza. Deputy Mayor Rindone then presented them with certificates of appointment. Ms. Abutin was not present auhe meeting. . INTRODUCTION BY AYA IBARRA, CHAIRPERSON OF THE INTERNATIONAL FRIENDSHIP COMMISSION OF EXCHANGE STUDENTS FROM ODA W ARA, JAPAN: ERIKO WATANABE, RISA MINAKUCHI, HARUKA TAKE, MIKU NISHIYAMA; AND CHULA VISTA YOUTH AMBASSADORS: JERIDEL 10 BANKS, KELSEY HOFFMAN, JASON HUTTON AND CHRISTOPHER POMBROL International Friendship Commission Chair Aya Ibarra introduced visiting Odawara exchange students and the Chula Vista Youth Ambassadors. Each of the visiting students and the Chula Ambassadors described their experiences in Chula Vista and Japan respectively. Chair Ibarra also introduced International Friendship Commission members Lilia Meza, Misty Tienken, and Rebecca Kelly. CONSENT CALENDAR (Items I through 4) Councilrnember McCann stated that he would be abstaining from voting on Item lA, and Item 3 was removed from the Consent Calendar for discussion by Councilmember Ramirez. Page 1 - Council Minutes August 12, 2008 /1).-/ DAAFT CONSENT CALENDAR (Continued) 1. WRITTEN COMMUNICATIONS A. Memorandum from Councilmember John McCann requesting an excused absence from the City Council Meeting of August 5, 2008. Staff recommendation: Council excuse the absence. 2. INVESTMENT REPORT FOR QUARTER ENDED JUNE 30, 2008 The quarterly investment report provides information on various cash balances, investment transactions and the status of the pooled investment portfolio in accordance with the Government Code Section 53646 and the Council Investment Policy adopted on February 12,2008. (Finance Director) Staff recommendation: Council accept the report. 3. Item 3 was removed from the Consent Calendar. 4. ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING AMENDMENTS TO CHULA VISTA MUNICIPAL CODE 8.25.095 RECYCLING - CONSTRUCTION ANTI DEMOLITION DEBRIS RECYCLING (FIRST READING) On July 8, 2008, Council directed staff to review the performance deposit structure for the Construction and Demolition Debris R~cycling Program and return with modifications that would have less impact on applicants. (Public Works Director) Staff recommendation: Council hold first reading of the ordinance. ACTION: Mayor Cox moved to approve staffs recommendations and offered the balance of the Consent Calendar, Items 1, 2 and 4, headings read, text waived. Deputy Mayor Rindone seconded the motion and it carried 5-0, except Item lA which carried 4-0-1, 'With Councilmember McCann abstaining. ITEMS REMOVED FROM THE CONSENT CALENDAR 3. MODIFICA nON TO AUDIT SUBCOMMITTEE At the City Council Workshop held on May 1, 2008, the City's auditors presented the Statement on Auditing Standards 114, requiring the establishment of an audit subcommittee for the City. During the workshop, the Mayor and Councilmember Ramirez were appointed for the duration of the Fiscal Year 2007/2008. Staff is now recommending the subcommittee be expanded to include all five Councilmembers for the purpose of communicating with the City's auditors regarding the City's audits. (Finance Director) Staff recommendation: Councilmembers. Council expand the subcommittee to include all five Page 2 - Council Minutes August 12,2008 11/-;;.. DR.A.FT ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) Councilmember Ramirez clarified that it was not his intent that the subcommittee be expanded to include all five Councilmembers for the purpose of communicating with the City's auditors regarding the City's audits, but rather, that he would only agree to participate on the subcommittee if the meetings were conducted in a public forum. ACTION: Councilmember Ramirez moved to approve staffs recommendation and offered Item 3, heading read, text waived. Mayor Cox seconded the motion and it carried 5-0. PUBLIC COMMENTS Ed Herrera, Chula Vista resident, requested that the Council enact a moratorium on the MMC Peaker Plant Proposal and retract its letter to the California Energy Commission, in order to conduct a public forum on the matter. . The following members of the public spoke in opposition to the MMC Peaker Power Plant: Jenny Huerta, San Diego resident, representing Environmental Health Coalition Caroline Ramos, Chula Vista resident Sharon Ward, Chula Vista resident Jaime Esquivel, Chula Vista resident Carlos Lopez, Chula Vista resident, representing Chula Vistans for Social Justice Alissa Calderon, Chula Vista resident Joy Willianls, National City resident, representing Environmental Health Coalition Ruth Heifetz, San Diego resident, representing Environmental Health Coalition Maria Moya, Chula Vista resident, representing Environmental Health Coalition Juan Rodriguez, Chula Vista resident Theresa Acerro, Chula Vista resident, representing South West Chula Vista Civic Association Graciela Martinez Leo Miras, representing Environmental Health Coalition Ruth Estrada, Chula Vista resident Carina Lopez, Chula Vista resident Diana Vera, Chula Vista resident Hugo Ivan Salazar, Chula Vista resident Guillermo Lopez, Chula Vista resident, representing Health For Kids Paul Norton, Chula Vista resident Hza Nuno, Chula Vista resident Andrea Hernandez, Chula Vista resident Andrea Limon, Chula Vista resident Steven C. Pavka, Chula Vista resident The following members of the public did not speak, but submitted speaker cards indicating their opposition to the MMC Peaker Power Plant: Page 3 - Council Minutes August 12, 2008 /11 --:3 D RA.FT Amalia Salazar, Chula Vista resident Gregg Morales, San Diego resident, representing the Mexican American Political Association, San Diego County David E. Davis, Chula Vista resident, representing the South West Chula Vista Civic Association Micah Mitrosky, San Diego resident, representing the Sierra Club Smart Energy Solutions Campaign Bianca Jara, Chula Vista resident Arturo B. Solis, Chula Vista resident Lynda Gilgun, Chula Vista resident The following members of the public spoke in support of the MMC Peaker Power Plant: Harry Scarbrough, representing MMC Energy Cindy Gompper Graves, Poway resident, representing South County Economic Development Commission Lisa Cohen, Chula Vista resident, representing the Chula Vista Chamber of Commerce spoke of the need for the community to come together to address the issues of power and water in the region, to get the facts, seek new technologies, and move forward. Councilmember Ramirez requested that the MMC Peaker Power Plant matter be placed on a Council Agenda soon in order for the public to receive the infonnation presented to the Council in a previous Closed Session. PUBLIC HEARING 5. CONSIDERA. nON OF APPLICA nON FOR APPEAL - MELROSE ORANGE UNOCAL 76, INe. Kamal Habib Nona, owner of Melrose Orange Unocal 76, Inc. has appealed the Chula Vista Police Department's finding that an alcoholic beverage license would not serve Public Convenience or Necessity. (Police Chief) Police Chief Emerson introduced the item and Captain Miranda presented an overview of the licensing process. Freddy Garmo, attorney representing the applicant, asked that the Council reverse the Police Department's decision to deny the request. He submitted petitions containing approximately 715 signatures indicating support of the Alcoholic Beverage Control (ABC) license, and letters of support from Charles E. Wisneski, Chula Vista resident, and the Neighborhood Market Association. Steve Habib, Chula Vista resident and applicant, spoke in support of the approval of the ABC license, stating that the business was in a convenient location for public access, and that the owners had undertaken proactive measures to maintain a safe and clean community. John Habib, Chula Vista resident and store manager (applicant representative), spoke in support of approval of the ABC license, stating that the business offered a convenient location and friendly service for its patrons. Page 4 - Council Minutes III ~'f August 12, 2008 DRAFT PUBLIC HEARING (Continued) Mayor Cox opened the public hearing. Jack Meng, Chula Vista resident and manager of the 7/11 store located next door to the Melrose Avenue Unocal 76, stated that the applicant's request for an ABC license was unnecessary, and that there were currently three existing businesses in the area selling alcoholic beverages. He also stated that should the Council reverse staff s recommendation to deny the ABC license, it would permit other businesses to follow suit. He submitted a petition signed by community members opposed to the applicant's request for an ABC license. Ronald G. Allan was opposed to an ABC license request by the applicant, stating that there were sufficient businesses in the area currently selling liquor. He believed that less access to liquor would help prevent drinking-related issues. There being no further members of the public who wished to speak, Mayor Cox closed the public hearing. Discussion ensued between the Council regarding the applicant's request for an ABC license. ACTION: Deputy Mayor Rindone moved to adopt the following Resolution No. 2008-201, heading read, text waived:. A. RESOLUTION NO. 2008-201, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AFFIRMING THE DECISION OF THE CHIEF OF POLICE DENYING At'! ALCOHOLIC BEVERAGE LICENSE AT 1495 MELROSE AVENUE (MELROSE ORANGE UNOCAL 76, INe.) DUE TO LACK OF PUBLIC CONVENIENCE OR' NECESSITY Mayor Cox seconded the motion and it carried 4-1, with Councilmember McCann voting no. No action was taken on the following resolution: B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REVERSING THE DECISION OF THE CHIEF OF POLICE DENYING AN ALCOHOLIC BEVERAGE LICENSE AT 1495 MELROSE AVENUE (MELROSE ORANGE UNOCAL 76, INC.) DUE TO LACK OF PUBLIC CONVENIENCE OR NECESSITY OTHER BUSINESS 6. CITY MANAGER'S REPORTS City Manager Garcia spoke about his participation in an emergency conference call from the League of California Cities to all the cities in the State, regarding the status of the State budget proposal. He then introduced Government Relations Liaison Carnevale, who reviewed the primary areas discussed during the conference call, including the vulnerability of property tax increment that supports Redevelopment Agency programs and projects, and the likelihood that the State would borrow money from the City's Proposition lA and Proposition 42 funds, resulting in a potential loss of $6.3 million dollars to the City this fiscal year. She stated that the Page 5 - Council Minutes / IT' 5" August 12,2008 DRAFT OTHER BUSINESS (Continued) League of California Cities strongly suggested that Councilmembers contact their individual legislators, making it clear that continuing to use local revenues to balance the State budget was fiscally irresponsible. She stated that since the Educational Revenue Augmentation Fund (ERAF) shift by the State in 1991, the City had lost over $52 million dollars to the State. City Manager Garcia suggested that staffinember Carnevale coordinate with the Councilmembers to schedule phone calls to local legislators on the issue within the next few days. 7. MA YOR'S REPORTS . Ratification of appointments to the Youth Action Council. ACTION: Mayor Cox moved for the re-appointments and new appointments of the fo llowing Youth Action Council Members: Re-Appointments: Yazmin De Saracho, Hilltop High Kate Googins, Academy of Our Lady of Peace Matt Hoffinan, High Tech High Johnny Flores, Bonita Vista High John Tessitore, Bonita Vista High New Appointments: Mariana De Saracho, Hilltop High Astrid Lamprecht, Bonita Vista High Alan "Miles" Mellor, Eastlake High Ariana Perfecto, Academy of Our Lady of Peace Stacy Moreno, Hillt\>p High Deputy Mayor Rindone seconded the motion and it carried 5-0. Mayor Cox explained that the issue of MMC was turned over to the California Energy Commission (CEC), which would be the decision-maker, and that the City had filed as an intervener on MMC's application. She stated that the Air Pollution Control District correspondence referred to during public comments, along with a report received by the Chula Vista Elementary School District, indicated that what was emitted was so insignificant, no mitigation was needed. Mayor Cox stated that staff was doing what it could within its limited authority through the CEC-led process, to address community issues. To that end, she stated that staff would be available to address questions or concerns by the community on the matter, and that she would not support a public hearing on the matter. Mayor Cox announced the recent opening of Oggi's Pizza, located in the Winding Walk Shopping Center. 8. COUNCIL COMMENTS Deputy Mayor Rindone spoke regarding the MMC Peaker Plant and the comments by Councilmember Ramirez on the matter, stating that a hearing was in fact conducted by the CEC at the Recreation Center located in southeast Chula Vista, at which time citizen concerns about health-related issues were carefully analyzed and responded to, with assurances of no additional health risks created by the current proposal. He congratulated Henry's Market on its 18th anniversary celebration, the Bonita Professional Association on their successful fundraiser event, and Third Avenue Village Association (T A V A), for a successful Lemon Festival. Page 6 - Council Minutes /Il~ " August 12,2008 DRAFT OTHER BUSINESS (Continued) Councilmember McCann thanked the Bonita Business and Professional Association for its kick. off fundraiser, and T A V A for the successful Lemon Festival. He spoke about the passing of Terry Strauwald, and was hopeful that the City would find some way of honoring his service to the City. He extended his thoughts and prayers to Terry's family. Councilmember Ramirez echoed some of the sentiments by the Council about Terry Strauwald, who he considered to be an exemplary representative of his union group and a pleasure to work with. He extended his condolences to Terry's family and to those employees who knew him well. He suggested that in addition to his recent request to recognize community volunteers Peter Watry and Frank Roseman for their contributions to the City, that John Willett also be recognized. He also requested that the City Manager come back as soon as possible with an update on the City's revenue projections. City Manager Garcia responded that staff had been tracking the revenues closely and was in the process of estimating losses associated with the Utility Users' Tax, as well as with the largest issue being what happens in Sacramento. With respect to the MMC Peaker Plant, Councilmember Ramirez requested City Manager Garcia to place the matter on a Council Agenda as soon as possible, in order to discuss the matter in public, and for a vote of the Council as to whether or not to rescind the letter. Mayor Cox recessed the meeting to Closed Session at 8:43 p.m. CLOSED SESSION 9. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b): Three cases. Case I ACTION: Councilmember McCann moved to authorize Mayor Cox to execute the Wal-Mart Defense and Indemnification Agreement. Deputy Mayor Rindone seconded the motion and it carried 4-1, with Councilmember Castaneda voting no. Case 2 No action was taken on this item. Case 3 ACTION: Councilmember Ramirez moved to authorize outside counsel (Steve Quintanilla) to discuss Council Member Castaneda's fee request. Councilmember McCann seconded the motion and it carried 3-0-2, with Mayor Cox and Councilmember Castaneda abstaining. ADJOURNMENT At 10:30 p.m., Mayor Cox adjourned the meeting in memory of Terry Strauwald, to the Regular Meeting of September 9, 2008 at 6:00 p.m. in the Council Chambers. ~ ~ .--- Lorraine Bennett, CMC, Deputy City Clerk Page 7 - Council Minutes August 12,2008 /11 - 7 DRAfT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA September 9, 2008 6:00 P.M. A Re[!ular meetin[! of the City Council of the City of Chula Vista was called to order at 6:0] p.m. i;; the Council Chambers:located in City Hall:276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers Castaneda, McCann, Ramirez, Rindone, and Mayor Cox ABSENT: None ALSO PRESENT: City Manager Garcia, Interim City Attorney Miesfeld, Interim City Clerk Norris, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATHS OF OFFICE - YOUTH ACTION COUNCIL Ariana Perfecto - Academy of Our Lady of Peace Astrid Lamprecht - Bonita Vista High Alan "Miles" Mellor - Eastlake High Mariana De Saracho and Stacy Moreno - Hilltop High Deputy City Clerk Bennett administered the Oaths of Office to Youth Action Council members Lamprecht, Mellor and De Saracho, and Deputy Mayor Rindone presented them with certificates of appointment. Ariana Perfecto was not present at the meeting. . PRESENTATION BY STEVE EASTIS OF THE THIRD AVENUE VILLAGE ASSOCLA TION OF A CHECK TO THE CHULA VISTA ANIMAL CARE FACILITY IN THE AMOUNT OF $] ,000 FOR PROCEEDS OF PET FEST 2008 Steve Eastis presented Councilmember McCann with a $1,000 check, who accepted it on behalf of the City's animal care facility. Public Works Director Griffin gave an overview of the PestFest event, stating that the donation would be used towards supplies for the recently renovated medical treatment room, and he thanked the Third A venue Village Association for its continued support. . PRESENTATION BY DR. GANDARA OF THE S\VEETWATER UNION HIGH SCHOOL DISTRlCT AND DR. BILLINGS OF THE CHULA VISTA ELEMENTARY SCHOOL DISTRlCT ON THE BENEFITS OF A PROPOSED COMMON CALENDAR FOR BOTH DISTRlCTS' SCHOOLS Karen Janney, Assistant Superintendent, Sweetwater Union District, presented the Common Calendar concept. Dr. Lowel Billings further explained the many benefits - of a Common Calendar. Dr. Jesus Gandara stated that the Common Calendar was scheduled to be presented to the respective boards for approval. Page 1 - Council Minutes September 9, 2008 //3 -/ DR.A..FT SPECIAL ORDERS OF THE DAY (Continued) · PRESENT ATION BY RECREATION DIRECTOR MARTIN, PRINCIPAL PLANNER PONSEGGI AND ASSOCIATE PLA.NNER TESSITORE-LOPEZ ON THE OT A Y VALLEY REGIONAL PARK Parks and Recreation Director Martin introduced Principal Planner Ponseggi and Associate Planner Tessitore, who presented an overview of the Otay Valley Regional Park (OVRP) projects since 1990, including the OVRP greenbelt and Joint Exercise of Powers Agreement between the Cities of Chula Vista and San Diego. and County of San Diego. Staffrnember Ponseggi discussed future trail system projects in th~ City, and staffmember Tessitore discussed the OVRP's next steps that included trails and pedestrian/equestrian staging, federal grants, and volunteer park clean-up activities. Councilmember McCann thanked staff for the presentation, commended them on the production of the park brochure, and looked forward to working towards the addition of more trails in the eastern portion of the park. Councilmember Ramirez asked, and staff confirmed, that completion of the next phase of new trail systems was scheduled for completion by December of 2009. He asked about the nun1ber of calls for service in the OVRP. Staff responded, stating that the data would be forwarded to him. Additionally, staff was working collaboratively with the Police Department, the City of San Diego, and the Sheriff s Office regarding calls for service, and providing the Rangers with a direct link to the emergency dispatch system. Mayor Cox joined her colleagues in commending staff on their collaborative work on the OVRP, stating that the City stood to share up to 50 million dollars in grant funding, and that she looked forward to an update on the OVRP within the next year. . . PRESENTATION BY LIBRARY DIRECTOR BROWDER OF THE CHULA VISTA PUBLIC LIBR.A..RY'S SUMMER READING PROGR.'\M HONOREES: NEIL KOTIKAWATTE AND QUINTIN KING FOR THE CIVIC CENTER BRANCH; PALOMA MORENO AND ADAM MEDINA FOR THE SOUTH BRA.NCH; AND BIANCA COVARRUBIAS AND ELIZABETH BROWN FOR THE EASTLAKE BR.A..NCH Library Director Browder introduced the 2008 Summer Reading Program, stating that there were over 4,600 children and teens who had participated in the program. Senior Librarians Taylor and Whatley introduced the program honorees, and Director Browder presented them with certificates of achievement CONSENT CALENDAR (Items 1 through 11) Counci1member Castaneda stated that he would be abstaining from voting on Items 9 and 10, due to the proximity of his residence to community facilities. Mayor Cox stated she would be abstaining from voting on Item 8, due to the proximity of her residence to the Open Space distri cts. 1. APPROVAL OF MINUTES of July 8, July 10, and July 15, 2008. Staff recommendation: Council approve the minutes. Page 2 - Council Minutes September 9, 2008 /6 ~ .).. D Ri\FT CONSENT CALENDAR (Continued) 2. \VRITTEN COMMUNICATIONS A. Memorandum from Councilmember Steve Castaneda requesting an excused absence from the City Council Workshop of August 7, 2008. Staff recommendation: Council excuse the absence. B. Letter of resignation from David Turner, member of the Board of Appeals and Advisors. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with Maddy Act requirements. 3. ORDINANCE NO. 3118, ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING AMENDMENTS TO CHULA VISTA MUNICIPAL CODE 8.25.095 RECYCLING - CONSTRUCTION A.ND DEMOLITION DEBRIS RECYCLING (SECOND READING AND ADOPTION) At Council direction, staff revised the deposit structure for the Construction and Demolition Debris Recycling program. Adoption of the ordinance amends the Chula Vista Municipal Code regarding construction and demolition debris recycling. This ordinance was first introduced on August 12, 2008. (Public Works Director) Staff recommendation: Council adopt the ordinance. 4. RESOLUTION NO. 2008-202, RESOLUTION'OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGE ORDERS ASSOCIATED WITH cm 08-1 AND cm 13-1 FOR THE OTA Y RA.NCH COMPANY FOR THE CONSTRUCTION OF LA MEDIA ROAD A.ND SANTA LUNA STREET SERVING OTA Y RANCH VILLAGES 6 AND 7 Otay Ranch submitted a payment request for reimbursement from Community Facilities Districts (CFD) 08-1 and 13-1 bond proceeds for change orders related to the construction of La Media Road and Santa Luna Street serving Otay Ranch Villages 6 and 7. Adoption of the resolution approves payment of change orders totaling $167,274.23 from the CFD 08-1 and CFD 13-1 bond proceeds. (City Engineer/Engineering Director) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2008-203, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EASEMENT DEED GRANTING AN EASEMENT OVER PORTIONS OF CITY OWNtD LAND TO REGULO PLACE APARTMENT INVESTORS, LLC FOR MONUMENT SIGNAGE PURPOSES, REVOKING ENCROACHMENT PERMIT NO. PE-283, ANTI AUTHORIZING THE CITY CLERK TO RECORD A CERTIFIED COPY OF THIS RESOLUTION AS NOTICE OF THE REVOCATION Page 3 - Council Minutes September 9, 2008 /6-3 D Ri\FT CONSENT CALENDAR (Continued) Regulo Place Apartments Investors, LLC are the new o\Vners of the Marbrisas Apartment complex located at the intersection of East "H" Street and Regulo Place. At the time of purchase, the new owners approached the City regarding purchasing easements for existing monument signs. These signs are currently located on City-owned property under an encroachment permit issued in 1990. Adoption of the resolution revokes the encroachment permit and authorizes the deeding over of the portions of land for the monument signs. (City Engineer/Engineering Director) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2008-204, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CLOSURE OF RANCHO DEL REY PARKWAY BETWEEN TERRA. NOVA DRIVE AND DEL REY BOULEVARD FOR THE 29TH ANNUAL ORANGE CRA..TE DERBY FROM 6:00 A.M. ON SATURDAY, SEPTEMBER 13, 2008 UNTIL 6:00 P.M. ON SUNDAY, SEPTEMBER 14, 2008 AND APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BONITA V ALLEY LIONS CLUB FOR THE DERBY Adoption of the resolution approves the request of the Bonita Orange Crate Derby Committee of the Bonita Valley Lions Club for temporary street closure on Rancho Del Rey Parkway, September 13 and 14, 2008 to conduct their 29th Annual Orange Crate Derby. (Police Chief) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2008-205, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ADOPTION OF THE 2006 STANDARD SPECIFlCA TIONS FOR PUBLIC WORKS CONSTRUCTION "GREENBOOK", THE 2006 GREENBOOK REGIONAL SUPPLEMENTS AND THE 2006 CHULA VISTA STANDARD SPECIAL PROVISIONS In 2006, the "Standard Specifications for Public Works Construction", commonly known as the "Greenbook", was revised to reflect changes in technologies, specifications, and performance tests for the construction industry. Staff has revised the City of Chula Vista Standard Special Provisions to reflect changes made in the 2006 Greenbook as well as to add specifications needed specifically for our City's construction needs. (Public Works Director) Staffrecommendation: Council adopt the resolution. 8. RESOLUTION NO. 2008-206, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA A WARDING LANDSCAPE MAINTENANCE CONTRACTS TO AZTEC LANDSCAPING IN THE A.IvlOUNT OF $16,000 FOR THE LANDSCAPE MAINTENANCE OF OPEN SPACE DISTRICT 3 AND TO RC'S LANDSCAPE IN THE AMOUNT OF $53,310 FOR THE LANDSCAPE MAINTENANCE OF OPEN SPACE DISTRICT 11 FOR THE PERIOD OF AUGUST 1, 2008 THROUGH JUNE 30, 2009, A.ND AUTHORIZING THE PURCHASING AGENT TO RENEW THE CONTRACTS FOR FOUR ADDITIONAL ONE YEAR PERIODS Page 4 - Council Minutes /6-4 September 9, 2008 DRi\FT CONSENT CALENDAR (Continued) The current landscape maintenance contractor for Open Space District 2 and Open Space District 11 is in default of their landscape maintenance contract. As a result, the second lowest bidders are being awarded the landscape maintenance contracts for these open space areas. (Public Works Director) Staff recommendation: Council adopt the resolution. 9. RESOLUTION NO. 2008-207, RESOLUTION OF THE CITY COuNCIL OF THE CITY OF CHULA VISTA APPROVING RECEIPT OF $7,100 IN DONATIONS FROM THE FRIENDS OF CHULA VISTA Pl.JZKS A..l'JD RECREATION AND AMENDING THE FISCAL YEAR 2009 RECREATION DEPARTMENT BUDGET BY i\PPROPRIATING $7,100 IN UNANTICIPATED REVENUE FROM THE DONATION (4/5THS VOTE REQUIRED) The Recreation Department received a donation of $7,100 from the Friends of Parks and Recreation, specifically designated to offset costs of the Department's eight-week, summer Fun, Fir & Free Days for youth program. The program is a series of fitness related activities held one or more times per week at nine recreation facilities and was implemented in response to local economic pressures affecting the community and the critical, societal need for increased emphasis on health and wellness programs. (Recreation Director) Staff recommendation: Council adopt the resolution. 10. RESOLUTION NO. 2008-208, RESOLUTION, OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE LICENSE AGREEMENT WITH THE SAN DIEGO JUNIOR THEATRE FOR USE OF THE CR.A.FT ROOM OF THE PARKWAY COMMUNITY CENTER AND THE CHULA VISTA WOMEN'S CLUB FOR CONDUCTING CHILDREN'S THEATER CLASSES A..l\!D CAMPS FROM SEPTEMBER 9, 2008 UNTIL SEPTEMBER 9, 2009 AND AUTHORIZING THE DIRECTOR OF RECREATION TO APPROVE TWO ONE-YEAR EXTENSIONS OF THE TERM OF THE LICENSE AGREEMENT UNTIL SEPTEMBER 9,2011 The San Diego Junior Theatre (SDJT) has provided performing arts classes and camps in Chula Vista since 2002. For nearly a year, City staff has been working to identify possible facilities that could accommodate the classes, camps and performances that the SDJT provides. In exchange for use of certain City facilities, the SDJT 'Will pay the City 25% of gross revenue eamed from registration fees and ticket sales for all Chula Vista classes and camps. Adoption of the resolution approves the license agreement. (Redevelopment and Housing Assistant Director, Recreation Director) Staff recommendation: Council adopt the resolution. 11. RESOLUTION NO. 2008-209, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A DONATION FROM THE THIRD AVENuE VILLAGE ASSOCIATION IN THE AMOUNT OF $1,000 TO THE ANIMAL CARE FACILITY AND APPROPRIATING THE DONATED FUNDS (4/5THS VOTE REQUIRED) Page 5 - Council Minutes September 9, 2008 /6.-5' DRAFT CONSENT Cl,LENDAR (Continued) The Chula Vista Animal Care Facility received a donation in the amount of $1,000 from the Third A venue Village Association. The donation will be used to purchase necessary medical and laboratory supplies. Adoption of the resolution accepts and appropriates the donation. (Public Works Director) Staff recommendation: Council adopt the resolution. ACTION: Deputy Mayor Rindone moved to approve staffs recommendations and offered the Consent Calendar, Items I - II, headings read, text waived. Councilmember McCann seconded the motion and it carried 5-0, except Item 8, which carried 4-0- I, with Mayor Cox abstaining, and Items 9 and 10, which carried 4-0-1, with Councilmember Castaneda abstaining. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. Prior to the Public Comments portion of the agenda, Mayor Cox asked Recreation Director Martin to elaborate on Consent Item 9. Director Martin then introduced Chris Boyd, CEO, Sharp Chula Vista Medical Center, who explained that the Friends ofChula Vista Parks and Recreation Board members was comprised of a wide variety of community members, with a mission to fund programs with an emphasis on youth, and access to everyone. He reported that to date, the Board had raised and funded upward of $60,000 in recreation programs and equipment. He stated that the Board would be looking towards furtljer community partnerships to address overall health and wellness in the community. Additionally, since its implementation, the Fun, Fit & Free Days program had served upwards of 3,000 youth in the community. PUBLIC COMMENTS Duane Buckingham, President of the Chula Vista Rotary Club, talked about the organizations' community services and contributions. He invited everyone to attend the upcoming Rotary Wine Tasting fundraiser event on September 20, 2008, from 6:00 p.m. to 9:00 p.m., at the Otay Ranch Center. Guillermo Lopez, Chula Vista resident, stated that he had reported threats of crime, instituted a neighborhood watch program, yet no attention was given to the matter. He asked the City to rescind the letter of approval regarding the Peaker Power Plant in the fight against injustice and the health of future generations. Tanya Rovira-Osterwalder, Chula Vista resident, representing Healthy Eating and Active Communities (HEAC), thanked the Council for their support, collaboration and leadership demonstrated with the revitalization of Lauderbach Park. She spoke about the City's leadership with healthy active communities, and she asked the Council to consider the implementation of a Health and Wellness Commission in the City. Deputy Mayor Rindone responded to the comments by Ms. Rovira-Osterwalder, and requested staff to revisit his prior request to look at the establishment of a Health and Wellness Commission for consideration by the Council. Page 6 - Council Minutes September 9, 2008 / ~ -(p DRAFT PUBLIC COMMENTS (Continued) John Moot, Chula Vista resident, stated that on five occasions, the Council had convened in Closed Session to discuss payment oflegal criminal defense fees for Councilmember Castaneda, without notifying the public or asking the public's opinion as to whether or not it was an appropriate expenditure of public funds. He stated that in accordance with the City's Statutes for payment of criminal legal fees, the City was not required to pay the fees, and that the Elections Code allowed for the expenditure of legal defense fees, which would permit Councilmember Castaneda to pay his legal fees through his own campaign funding. He requested that the matter be re-agendized for public input. . Kevin O'Neill, Chula Vista resident, asked the Council to release to the public, Closed Session reports from outside counsel regarding Councilmember Castaneda's legal defense fees, and requested that a Council Workshop be conducted to discuss the matter publicly. Ervin Hillis, Chula Vista resident, expressed concern about trash from a nearby gas station being blown onto the neighborhood sidewalks and streets. He asked for the Council's assistance on the matter. The matter was referred to staff. Colleen Daley, Chula Vista resident, spoke about concerns with homelessness in her neighborhood and associated issues with the Re-Planet Recycling Center and Save-A-Lot Grocery store. She recommended that the City consider establishing a local homeless shelter. The matter was referred to staff. Diana Vera, Chula Vista resident, spoke about her opposition to the MMC Peaker Power Plant. She expressed concern about the proximity of the proposed plant to a park, a greenbelt, and residents. Theresa Acerro, Chula Vista resident, spoke in opposition to the MMC Peaker Power Plant. She expressed concern about the plant devaluing the properties in the proposed location, and stated that the proposal was not in compliance with the General Plan. Parks Pemberton, Chula Vista resident, spoke against a recent newspaper article that quoted the City as being "mired in despair", stating that in fact, the community was getting involved. He commended the Police Department for its quick response regarding an assault case in his neighborhood; he asked the Council to prevent employee layoffs; and suggested that Gaylord pay for the H Street feasibility study. He spoke of the need to focus on morals and ethics for conducting Ci ty business. ACTION ITEMS 12. CONSIDERATION OF SUPPORT FOR PUBLIC OUTREACH TO EXPLORE THE FEASIBILITY OF POTENTIAL AMENITY IMPROVEMENTS AND AFFORDABLE HOUSING DEVELOPMENT AT EUCALYPTUS PARK South Bay Community Services (SBCS) has approached Redevelopment and Housing staff with an interest in studying the feasibility of a conceptual plan to expand the YMCA facility, constmct affordable housing and more fully amenitize Eucalyptus Park. Staffis proposing that the Chula Vista Redevelopment Corporation enter into a six-month Exclusive Negotiating Agreement with SBCS to conduct public outreach to determine community interest. (Redevelopment and Housing Assistant Director) Page 7. - Council Minutes /13..7 September 9, 2008 DRAFT ACTION ITEMS (Continued) City Manager Garcia introduced the item, and Senior Project Coordinator Kurz presented the proposed conceptual plan by the 'YMCA and South Bay Community Services (SBCS), for amenity improvements and affordable housing development at Eucalyptus Park. Kathryn Lembo, San Diego resident, representing South Bay Community Services, talked about ways to enhance Eucalyptus Park, create more useable park space, and work collaboratively with the YMCA to expand the existing facility. She stated that SBCS would be looking for community input on how to make the park safer and more effective, and ways to bring a better YMCA facility to the location. Additionally, SBCS would be seeking financing options for the park improvements. Lisa Johnson, Chula Vista resident, representing the South Bay YMCA, thanked and applauded staff for their creative thinking on the feasibility study, and for offering collaborative _ opportunities between the City, YMCA and SBCS, including public outreach. She stated that a study done two years ago indicated that the YMCA was deficient in providing services to the community on the west side ofChula Vista. Peter Watry, Chula Vista resident, commented on the disproportionate parkland acreage between the east and the west side of the City, and spoke in opposition to a feasibility study to include construction of affordable housing in Eucalyptus Park. He suggested that the existing empty land east of the Kamplands of America (KOA) be dedicated as parkland as a way to increase parkland in the west. Councilmember Ramirez stated that he would not support construction of housing on parkland space. He suggested that staff work with SBCS to seek alternative land space, stating that park space must be preserved for future generations. Councilmember McCann asked, and staff confirmed, that there would be no impact to the general fund for staff time on public outreach regarding conceptual plans for Eucalyptus Park. He spoke in support of further exploration on the matter, including public outreach, open dialogue, and potential collaborative efforts. Depury Mayor Rindone spoke of the need for expansion of the YMCA on the west side. He suggested seeking ways to enhance the YMCA in Eucalyptus Park, including public participation. He was supportive of expansion of the YMCA, but could not support affordable housing for the park. Councilmember Castaneda stated that he would not be supportive of housing on public parkland. He spoke of the need to vet with the public, whether or not there was adequate existing affordable housing in the west. He did not believe that placing housing on Eucalyptus Park would address problems of crime and public safety in the park. He was supportive of exploring ways to expand the YMCA in Eucalyptus Park. Ms. Lembo clarified that it was not the plan by SBCS to build housing on parkland, but rather, consideration of additional housing to be built on top of the YMCA. Ms. Johnson added that part of the YMCA's vision was to establish a built-in workforce by providing work opportunities for students in transitional housing. Page 8 - Council Minutes September 9, 2008 //3-f DRAFT ACTION ITEMS (Continued) Mayor Cox spoke in support of public outreach by SECS and the YMCA on the matter, the importance of preserving public parkland, and expanding its access by assisting those in need of housing that would include seniors and foster children. Kevin O'Neill, Chula Vista resident, asked the Council to address the matter on a broad scale, and to seek ways to make it work before pulling the plug.. Councilmember Castaneda stated he could not support the proposed feasibility and conceptual plan for the YMCA expansion and affordable housing in Eucalyptus Park without further vetting between staff, the YMCA and SECS, and suggested that the item be brought back with a clearer picture for public outreach and staff resources. Mayor Cox suggested that within one or two months, the applicants return to present public outreach plans to the Council. ACTION: Mayor Cox moved to adopt the proposed Resolution. Deputy Mayor Rindone seconded the motion. Councilmember Ramirez suggested that staff work with SBCS to find an alternate site for affordable housing. ACTION: Councilmember McCann moved to proceed with looking at the proposed concept plan, and to adopt the proposed Resolution as amended, to delete the text "at Eucalyptus Park," and all references to Eucalyptus Park. Councilmember Castaneda seconded the motion. Discussion ensued between the Council, staff, and the applicants, about the location of the proposed affordable housing. The applicants clarified the intent of SECS for a one- or two-story affordable housing above the YMCA. Ms. Lembo stated that South Bay Community Services was not interested in building a new YMCA elsewhere. Ms. Johnson stated that YMCA was not interested in moving from its current location. Councilmember McCann then withdrew his motion. ACTION: Councilmember McCann moved to offer a substitute motion to continue the item to a future date and to have discussions between all parties with respect to the concerns voiced by the Council, particularly with respect to the. affordable housing component of the proposed conceptual plan. Councilmember Castaneda seconded the motion. Ms. Lembo suggested that the matter be tabled, and that SBCS come back to the Council with a more defined public outreach plan. Mayor Cox stated she would support tabling the item with the understanding that SBCS and the YMCA work with staff to look at a more defined public outreach program. Page 9 - Council Minutes //.1; ,-,9 September 9, 2008 DRAFT ACTION ITEMS (Continued) Councilmember McCann called for the vote. ACTION: There was unanimous Council consensus to table Item 12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING PUBLIC OUTREACH TO EXPLORE THE FEASIBILITY OF POTENTIAL AMENITY IMPROVEMENTS AND AFFORDABLE HOUSING DEVELOPMENT AT EUCALYPTUS PARK 13. CONSIDERATION OF A REPORT ON PROJECTED REVENUE SHORTFALLS IN THE DEVELOPMENT SERVICES HiND AND MEASURES BEING IMPLEMENTED TO ADDRESS THE BUDGETARY IMPACTS With the approval of the Fiscal Year 2008/2009 budget, City Council authorized the creation of a stand-alone Development Services Fund comprised of staff from the Departments of Planning & Building, Public Works and Engineering responsible for planning, permitting, plan review, and inspection of development applications. As the year-'end closing process has progressed, it has become apparent that despite deep cuts made to the Development Services Fund as part of the Fiscal Year 2008/2009 budget, development related workload and revenues are insufficient to support current staffing and budget levels, As a result, in order to avoid further impacting General Fund reserves, additional budget reductions are required. To reduce the number of layoffs, staff is also recommending adding two Code Enforcement Officer positions to the General Fund budget of the Planning & Building Department and filling the positions internally, The cost of these positions would be fully offset by higher than anticipated revenues from the residential abandoned property program, (Budget and Analysis Director) City Manager Garcia introduced the item. Director of Budget and Analysis Van Eenoo presented an overview of the status of the City's Development Services Fund, and explained that development related workload and revenues were insufficient to support current staffing and budget level, resulting in the need for additional budget reductions. Richard Preuss, representing the Chula Vista Employees Association, explained the value of supporting Resolution B for the addition of two code enforcement officers to the Planning and Building Department. He also talked about past funding for Code Enforcement staff through the City's Community Block Grant funds, and suggested looking at ways to re-institute the funding. Mayor Cox stated that in light of the unkno\\;u impacts of the State on local governments, she would support the proposed resolutions. Additionally, based upon the outcome of the State budget, she spoke of the need to have Council and staff go back and reassess the organization in a broad based manner. Council member Castaneda suggested that in dO\\;TI times, expenditures of funds should be used to promote and attract business to the City. To that end, he requested staff provide an analysis of what other cities were doing. He referenced a memorandum from he and Councilmember Ramirez dated September 9, 2008 regarding the budget shortfalls, and suggested further discussions to address the issues outlined in the memorandum. To that end. Mavor Cox stated that this item was not on the agenda, and could not be discussed at this time.' ~ Page 10 - Council Minutes /6-/0 September 9, 2008 DR.I\fT ACTION ITEMS (Continued) Councilmember Ramirez was concerned that moving too hastily with adjustments would impact City services as the economy improved. He spoke of a need to look at the organization as a whole, eliminate car allowances, implement staff cross training, and place the previous budget cut proposals back on the table. Mayor Cox asked, and City Manager Garcia confirmed, that the reduction in the Development Services counter service hours, or shifting of experts to the counter, would be re-assessed by staff over the next 3-6 months to ensure efficiency in the department operations. He also explained that it was unreasonable to hire enough employees to process major projects, and then have to lay them off once those projects are complete. Councilmember McCann expressed concern regarding reduced hours of operation at the Development Services front counter, and encouraged the City Manager to implement the Six Sigma training. Once Six Sigma is implemented, he requested a re-evaluation of the hours of operation. ACTION: ACTION: ACTION: B. Councilmember Castaneda moved to continue the item and for staff to return with an analysis of what the full impact on the Development Services Department would be, given the proposed reductions. Councilmember Ramirez seconded the motion. The motion failed 2-3, with Mayor Cox, Deputy Mayor Rindone, and Councilmember McCann voting no. Mayor Cox moved to adopt the following Resolution No. 2008-210, heading read, text waived: A. RESOLUTION NO. 2008-210, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A REPORT ON PROJECTED REVENUE SHORTFALLS IN THE DEVELOPMENT SERVICES FUND AND MEASURES BEING IMPLEMENTED TO REDUCE EXPENDITURES Deputy Mayor Rindone seconded the motion and it carried 3-2, with Council members Castaneda and Ramirez voting no. Councilmember Castaneda moved to adopt the following Resolution No. 2008- 211, heading read, text waived: RESOLUTION NO. 2008-211, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADDING TWO CODE ENFORCEMENT OFFICER POSITIONS TO THE PLAl\'NING AND BUILDING DEPARTMENT AND APPROPRlATING $133,000 FROM THE AVAILABLE BALANCE OF THE GENER~L Fu~D BASED UPON HIGHER T~~ ANTICIPATED REVENUES FROM THE RESIDENTIAL ABANDONED PROPERTY PROG~ (4/5THS VOTE REQUIRED) Deputy Mayor Rindone seconded the motion and it carried 5-0. Page 11 - Council Minutes //.$ -// September 9, 2008 DRAFT OTHER BUSINESS 14. CITY MANAGER'S REPORTS There were none. 15. MA YOR'S REPORTS Ratification of the appointment of Brandon Marvin to the Charter Review Commission. ACTION: Mayor Cox moved to appoint Brandon Marvin to the Charter Review Commission. Deputy Mayor Rindone seconded the motion and it carried 5-0. Mayor Cox recognized Chula Vista athletes, Mike Day, Donny Robinson, and Jill Kintner, who participated in the Beijing Olympics' BMX event, and who returned home with silver and bronze medals. Mayor Cox announced that the City of Chula Vista was chosen as recipient of the Safe City Project. She also spoke about"the success of the Nature Center gala, which raised $15,000 and netted $12,000; and enjoyed celebrating with the community at Lauderbach Park. 16. COUNCIL COMMENTS Councilmember Ramirez congratulated the community and staff on the success of the re-opening of Lauderbach Park. He spoke of the need to ensure monitoring of park activities for legitimate uses, and he looked forward to working with the groups involved in planning the park. He also thanked his wife, who spoke on his behalf at the park re-opening. Councilmember Castaneda spoke about a proposed November 2008 ballot initiative regarding the Marine Freight Preservation and Bayfront Redevelopment, to be voted on by the five member Cities of the Port of San Diego, and he requested that the matter be placed on the next Council agenda for discussion. City Manager Garcia confirmed that the matter was scheduled for the September 16, 2008 Council meeting, where the proponents and opponents would be invited to present information on the initiative. Councilmember Castaneda commented on his recent attendance at the Heritage Otay Ranch I Home Owners Association meeting. He stated there were concerns about the impacts of foreclosures in the community as well as issues relative to traffic safety. He requested follow-up by staff on the matter of traffic safety. Councilmember McCann commended the Chula Vista Nature Center Board on the success of their recent fundraiser event. He also commended staff on the re-opening of Lauderbach Park. He then requested that the Council meeting be adjourned in memory of April Goldstein, one of his former Council Aides. Deputy Mayor Rindone spoke about his attendance at the re-opening of Lauderbach Park, and of the proud efforts by staff and the community. Page 12 - Council Minutes /,&-/L September 9, 2008 DRi\FT The Council convened in Closed Session at 10:40 p.m. CLOSED SESSION No reportable action was taken on the follov.1ng items: 17. PUBLIC EMPLOYEE DISCIPLINEIDISMISSALlRELEASE PURSUANT TO GOVERNMENT CODE SECTION 54957 18. PUBLIC EMPLOYEE DISCIPLINEIDISMISSAL/RELEASE PURSUANT TO GOVERNMENT CODE SECTION 54957 19. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) Two cases 20. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERi'JMENT CODE SECTION 54956.9(a) Thanh Le vs. City of Chula Vista; Tim Kahl, and Does I through 100, inclusive: Case No.3 7 - 2007 -00007 6220-CU - P A -CTL ADJOURNMENT At 2:40 a.m., Mayor Cox adjourned the meeting in memory of April Goldstein, to the Meeting of September 16,2008 at 6:00 p.m. in the Council Chambers. J ./ ~ /----- Lorraine Bennett, CMC, Deputy City Clerk ~.._.-.-> Page 13 - Council Minutes September 9, 2008 /.8 -/3 CITY COUNCIL AGENDA STATEMENT ~\ff:. CITY OF ~- (HULA VISTA OCTOBER 21,2008, ItemL ITEM TITLE: Ai'J ORDINAi'JCE OF THE CITY OF CHULA VISTA AMENDING CHAPTERS 20.04 AND 5.02 OF THE CHULA VISTA MUNICIPAL CODE BY ADDING SECTIONS 20.04.025 AND 20.04.050 AND A CROSS REFERENCE IN SECTION 5.02 DIRECTOR O~NSERVATION & ENVIRONMENTAL SERVICES. . ----- INTERIM CITY i'vLA.NAGER 7-) SUBMITTED BY: REVIEWED BY: SUMMARY On July 10,2008 City Council approved the Climate Change Program's implementation plans for seven new measures to reduce Chula Vista's cit)'\vide greenhouse gas or "carbon" emissions by lowering energy and water consumption, installing renewable energy systems, promoting alternative fuel vehicles and designing pedestrian and transit- friendly commlmities. Climate Change Program Measure #3's implementation plan directs staff to create a new municipal ordinance that encourages businesses to participate in a free energy and water assessment of their facilities. The proposed ordinance will assist businesses with identifying opportunities to reduce their monthly utility costs through a no-cost, voluntary assessment program, which will be integrated into the business licensing process. 4/5THS VOTE: YES D NO I X I ENVIRO~MENT AL REVIEW The .Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 8 categorical exemption pursuant to Section 15308 [Actions by Regulatory Agencies for Protection of the Environment] of the State CEQA Guidelines. Thus, no further environmental review is necessary. RECOMMENDATION Staff recommends that City Council adopt the resolution. 2-1 OCTOBER 21, 2008, Item? Page 2 of3 BOARDS/COMMISSION RECOMlVIENDA nON Although no formal approvals were solicited, staff made presentations and received feedback on Measure #3's initial implementation plan at the following municipal commissions: Board of Appeals & Advisors Chula Vista Redevelopment Corporation Design Review Committee Redevelopment Advisory Committee Planning Commission Resource Conservation Commission DISCUSSION In 2007, the City Council directed staff to convene a Climate Change Working Group (CCWG) to develop recommendations to reduce the community's greenhouse gas or "carbon" emissions. The CCWG - comprised of residential, business and community- group representatives - evaluated over 90 possible carbon-reducing actions, conducted more than 30 publicly-noticed meetings, workshops and presentations, and ultimately recommended seven measures to the City Council. On July 10, 2008 the Council approved the implementation plans for the seven measures which focused on lowering energy and water consumption, installing renewable energy systems, promoting alternative fuel vehicles and designing pedestrian and :transit-friendly communities. Measure #3 directs staff to develop an ordinance and implement a voluntary program that encourages businesses to participate in an energy assessment of their facilities that will assist them in lowering their monthly utility costs and consequently their contribution to greenhouse gas emissions and climate change impacts. Energy assessments are on-site evaluations to determine a business's energy use amount and timing. The assessments, which typically require 30 - 60 minutes to perform, may include a review of a building's systems (i.e. lighting, cooling and heating), envelope (i.e. exterior windows, doors and insulation), office equipment, appliances, operational procedures and energy bills. With the assessment's results, detailed strategies can be recommended to the business to help reduce their energy consumption through voluntary energy efficiency upgrades and/or energy-conserving operational changes. Assessments are also a key step in identifying available incentives, rebates and low cost financing options that will reduce any potential upfront costs for the business to implement the established energy and cost-saving improvements. Preliminary water assessments are also conducted at the same time. The California Energy Commission determined in 2005 that 19% of all energy consumed in California is used to treat or transfer water and 35% of natural gas consumed is used to treat, transfer or heat water. Water conservation cannot only contribute to reducing the impact of our cyclical drought issues in the region; it can be a significant factor in greenhouse gas reduction and reducing a business's monthly utility costs. 2-2 / OCTOBER 21, 2008, Item 2- - Page 3 of3 The proposed ordinance would codify voluntary business energy assessments by adding a new section to Chula Vista Municipal Code Chapter 20.04 (Energy Conservation) and a cross-reference to Chapter 5.02 (Business Licenses). The proposed ordinance recommends that new businesses participate in the free energy assessment program when their initial business license is issued, while existing businesses are encouraged to participate once every three years when their license is renewed. The ordinance does not prevent a business from requesting a free assessment from the City more frequently. The voluntary assessments are recommended for businesses occupying a physical storefront or office on a commercial energy meter. While the proposed ordinance does not make energy assessments mandatory for businesses, staff believes that the inclusion of the voluntary business assessment program into the municipal code could increase program participation and expand the potential for immediate carbon emissions reductions. Providing businesses with the opportunity and a reminder to reassess every three years will ensure that they are provided the most current information about new energy efficiency technologies (and related incentives) and have the greatest opportunity to reduce their monthly energy and water costs. Furthermore, integrating the assessment with the business licensing process provides an administratively streamlined and cost effective approach to implementation and offers a more reliable and customer-friendly service for participants. DECISION MAKER CONFLICT Staff has determined that the recommendations requmng Council action are not site specific and consequently the 500 foot rule found ill California Code of Regulations section 18704.2(a)(l) is not applicable to this decision. FISCAL IMP ACT The City, through the Department of Conservation & Environmental Services, currently offers voluntary business energy assessments supported through a California Public Utilities Commission (CPUC)/San Diego Gas &Electric (SDG&E) grant. Although the current funding expires on December 31, 2008, staff has been notified by SDG&E that funding for the assessment program, estimated at $321,400 annually, will continue through December 31, 2011 (pending CPUC final approval). Therefore, there is no fiscal impact to the General Fund or the participating businesses. While the CPUC/SDG&E funds will fully offset the program's costs over the next three year period, staff is also working to secure a long-term funding source for the business energy assessments and the other six climate change measures as previously directed by City Council. A TT ACHMENTS Attachment A - CCWG Measures' Implementation Plans - July 2008 (Revised) Prepared by: Brendan Reed, Environmental Resource ;\t{anager, ConseJilation & Environmental Services 2-3 ~\f? ~ -~ --- ATTACHMENT A CITY OF (HUlA VISTA CLIMATE CHANGE WORKING GROUP MEAS1JRES IMPLEMENTATION PLANS July 2008 (Revised) SUl\1lVL;ffi Y In May 2007 staff reported to City Council that Chula Vista's citywide greenhouse gas emissions had increased by 35% (mainly due to residential growth) from 1990 to 2005, while emissions on a per capita basis and from municipal operations decreased by 17% and 18%, respectively. As a result, the City Council directed staff to convene a Climate Change Working Group (CCWG) to develop recommendations to reduce the community's greenhouse gas emissions or "carbon footprint" in order to meet the City's 2010 greenhouse gas emissions reduction targets. The CCWG - comprised of residential, business and community-group representatives - selected seven measures which City Council adopted on April 1, 2008. This report outlines City staff's strategy (summarized in Table 1) to implement the measures and includes an analysis of each measure's funding needs, tlnancing options, timeline and performance criteria: Table 1: Summary of proposed cJimate-related programs and their estimated implementation costs Track progress in reducing carbon emissions through Administration Emissions Tracking & Reporting IClEI and California Climate Action Registry program $93,300 participation 100% Clean Vehicle Replacement Replace vehicles ttlrough the purchase or lease of $350,000 $160,000 Policy for City Fleet alternative fuel and hybrid vehicles 10Q% Clean Vehicle Replacement Work with current and future vendors to include a "Clean 2 Policy for City-Contracted Fleet Vehicle" replacement policy into the bid and contracting $43,000 $144,000 Services process Through an ordinance addition, encourage businesses to 3 Business Energy Assessments participate in a no cost assessment as part of the $321,401 business licensing precess Through a building code revision, require new and 4 Green Building Standard renovated buildings to increase their energy efficiency $235,000 $647,500 and meet statewide green building standards Provide a cost-effectve, streamlined mechanism far S Solar & Energy Efficiency property OWners to implement selar and energy efficiency $75,000 $347,801 ConversiQn~ upgrades and create a municipal code requiring pre- wiring for solar electric systems 6 Smart Growth Around Trolley Implement the 'smart growth' design principles outlined in $620,000 StationsU municipal planning documents Provide a cost effective, streamlined mechanism for 7 .Outdoor Water Conservation installing water saving plants at private/public sites and $156,380 $705,150 create new municipal landscape regulations TOTAL 51,479,380 $2,419,152 ~ In addition to annual costs presented, implementation of measure #5 woufd require issuance of a pUblic bond to cover upfront capital costs for solar and energy efficiency upgrades ~." The CIty has already secured approximately $20.3 million for related regional smart growth efforts such as the 1~5 Corridor Study and the Trolley Grade Separations (E St. & H St.) CCWO Implementation Plans (As Adopted by City Council) 1 of 58 July 1,2008 2-4 OVERVIEW Since the early 1990s, Chula Vista has been engaged in multiple climate change forums including the United Nations Framework Convention on Climate Change, the ICLEI Cities for Climate Protection campaign and the U.S. Conference of Mayor's Climate Protection Agreement and has pledged to reduce its greenhouse gas (GHG) emissions or "carbon footprint" 20% below 1990 levels by 2010. To accomplish this carbon reduction goal, the City adopted a Carbon Dioxide (C02) Reduction Plan in 2000 which outlined steps for Chula Vista to reduce energy consumption, promote alternative transportation and design transit-friendly, walkable communities. Recently, staff conducted a GHG emissions inventory for 2005 to evaluate the City's progress in reaching its emissions goals. The 2005 inventory indicated that Chula Vista's annual citywide GHG levels had increased by 35% since 1990 due primarily to residential growth. During the same period, the City did make significant progress in reducing annual per capita emissions by 17% and avoiding nearly 200,000 tons of GHG emissions annually. In addition, GHG emissions from municipal sources decreased by 18% mainly due to traffic signal energy-efficiency improvements. As a result of the 2005 Greenhouse Gas Emissions Inventory Report, the City Council directed staff to convene a Climate Change Working Group (CCWG) to develop recommendations to reduce the community's greenhouse gas emissions or "carbon footprint" in order to meet the City's 2010 greenhouse gas emissions reduction targets. The CCWG - comprised of residential, business and community-group representatives - reviewed over 90 possible carbon-reducing measures from July 2007 through March 2008. The group evaluated these measures based on five primary criteria: I) the measure had been previously implemented successfully by an ICLEI local government or California Climate Action Registry business, 2) the measure would be financially feasible (i.e. require little or no additional General Fund support), 3) the measure could be quickly implemented to have immediate impact on the City's efforts to reduce emissions by 2010, 4) the measure's impacts could be quantified using the City's emissions inventory protocol and 5) the measure would not cause a significant adverse community impact. From this analysis, the CCWG selected seven measures (see Table I) to recommend to City Council. Council adopted all the measures on April 1, 2008. This document outlines the City's general strategy for implementing the seven measures, for financing their further design and implementation and for tracking the resulting emissions reductions at municipal operations and citywide scales. In addition, each measure's specitic implementation plan provides further clarification and includes the following sections: Overview - A review of the original CCWG recommendation and how it relates to the proposed program/policy Program Strategy - An in-depth description of the programmatic approach for implementing the proposed program/policy including outreach activities and required municipal code or regulatory steps Performance ilJetrics - The metrics which will be tracked and reported to quantify the performance of the program/policy and its impact on GHG emissions CCWG Implementation Plans (As Adopted by City Council) July 1, 2008 20[58 2-5 Timeline - A general time line of important milestones as the program/policy is implemented Budget & Financing - The required funding to implement the program/policy as proposed by City staff STAKEHOLDER OUTREACH Since City Council approved the Climate Change Working Group's recommendations on April 1, 2008, staff has met with a variety of additional community and stakeholder groups. These meetings were designed to allow interested parties an opportunity to provide feedback on the development and implementation of the seven Council-approved measures. Stakeholder groups included: . Building Owners & Managers Association Board of Appeals & Advisors Brehm Communities Building Industry Association (Green Building Task Force) Chula Vista Chamber of Commerce (Policy Committee & Board of Directors) Chula Vista Redevelopment Corporation Community Housing Works Corky McMillan Companies Crossroads II Design Review Committee Interagency Water Task Force Jackson Pendo Development Co. National Association of Industrial & Office- Properties (Legislative Affairs Committee) Northwest Civic Association CCWG Implementation Plans (As Adopted by City Council) July 1,2008 Otay Ranch Company Otay Water District Pacific Southwest Association of Realtors Pacifica Planning Commission ProTec Building Services Redevelopment Advisory Committee Resource Conservation Commission San Diego County Apartment Association South County Economic Development Cou'ncil (Transportation Committee) Sunrise Rotary Club Suntrek Industries Sweetwater Authority Third A venue Village Association (Design Committee) 3 of 58 2-6 MEASURE #1: HIGH EFFICIENCY OR ALTERNATIVE FUEL REPLACEMENT VEHICLES FOR THE CITY FLEET OVERVIEW Recommendation #1 of the Climate Change Working Group states that the City Council should "require that 100% of the replacement vehicles purchased for the municipal fleet be high efficiency (hybrid) or alternative fuel vehicles (AFVs)." Factors such as the appropriateness for the vehicle task, fueling infrastructure, petroleum displacement, and the overall cost and environmental benefit must be considered in implementing this recommendation. Although the initial costs for each replacement vehicle could be higher than a conventional replacement, fuel savings may offset this initial price difference (ranging between $5,000 for small sedans to $70,000 for heavy-duty trucks) over the vehicle's lifetime. Some alternative fuels may also be less expensive than conventional fuels on a price per gallon and price per gasoline-gallon equivalent. There are many fuel alternatives available,' and each fuel or technology has pos!tlves and negatives associated with it. For example, ethanol is more readily available commercially than some other fuels, but ethanol requires more energy to produce it than it delivers when burned. Also, the ethanol production process generates greenhouse gases and ethanol production may be partially responsible for food shortages that are currently driving up the cost and availability of food. Finally, ethanol fuel has special storage and handling requirements that the City is not currently capable of meeting. Hybrid vehicles use less fuel than regular gasoline vehicles, which results in lower exhaust emissions per mile driven. One negative factor is that hybrid vehicles rely on batteries for part of their motive power, and those batteries pose an additioqal maintenance expense and disposal issue. Hybrid vehicles are also more expensive to purchase than regular gasoline powered vehicles. Therefore, the City is investigating the possibility of leasing hybrid vehicles to avoid the upfront capital costs and hedge against the resale value of these vehicles as it is unclear what the resale market for hybrid vehicles will be in five or ten years. Vehicles that operate on compressed natural gas (CNG) are less readily available for purchase than hybrids or ethanol fuel vehicles, and there is very little fueling infrastructure in place. While no American auto manufacturer builds a light-duty vehicle powered by CNG, Honda has released a commercially-available Civic which uses CNG. The City operates its own CNG fuel facility at the Public Works Corp Yard (PWC), but the dispensing capacity is not sufficient for large-scale fueling operations. The cost to up-grade the facility would be several hundred thousand dollars. Another factor mitigating against purchasing or using CNG powered vehicles is that the resale value of such vehicles could be low. Biodiesel is a good alternative to regular diesel fuel. The fuel is created by mixing vegetable fats from a variety of sources with low sulphur diesel fuel in ratios of up to 1:5 to form B20 biodiesel fuel. The fuel can be used, in most cases, without modification to existing engines, as long as certain operating precautions are followed. At present, it will be necessary to increase fuel storage tank capacity at the Public Works Corp Yard to accommodate biodiesel. The ideal capacity would be 10,000 gallons for each fuel type. CCWG Implementation Plans (As Adopted by City Council) July I, 2008 4 of 58 2-7 IMPLElVIENTATION Implementation of this policy will require a multi-faceted approach. Each alternative fuel or high efficiency technology has issues that must be considered, such as the carbon footprint of one type of fuel versus another, or extraneous environmental issues or unintended consequences that will arise, as a result of actions taken in support of this implementation plan. The three implementation approaches are: (1) The Fleet Management Division will replace cars and light-duty trucks with high efficiency, alternative fuel or ultra-low emissions vehicles as the existing City vehicles become due for replacement, with careful consideration for the total cost to the Vehicle Replacement Fund, and ensuring that replacement vehicles are appropriate for their intended use. This iterative process will take approximately ten (10) years to fully replace existing light-duty vehicles with alternative fuel or hybrid substitutes. Leasing vehicles (instead of purchasing) may require a smaller initial capital outlay, shorten the implementation time and provide greater flexibility to transition to future alternative fuel or hybrid options. (2) The existing diesel-fueled vehicles in the City fleet will be converted to operate on B20 biodiesel. This step can be implemented as soon as fuel storage tank capacity is addressed, since there is insufficient fuel storage capacity currently available at the Public Works Corp Yard. (3) For heavy-duty trucks for which no adequate alternative fuel or high efficiency technology currently exists, the City will wait to include these vehicle types in the fleet clean vehicle replacement process. It is unknown at this time what or when technology will become available in the coming years to convert these vehicles to alternate fuels. In addition, hybrid heavy-duty trucks are not financiiilly viable at this time. Economies of scale should cause the incremental price difference to drop dramatically in the near future as more truck manufacturers offer hybrid or alternative fuel options. An important consideration in the implementation of this policy is to avoid a large commitment to any particular alternative fuel or technology, until it becomes clearer what fuel or technology will be the "fuel of the future" for reasons of environmental benefit, availability and reasonable cost. It may very well be that hydrogen fuel is financially feasible and readily available within ten years, though it is not feasible now. Whatever the ideal or best fuel or technology may be, a large investment by the City in a different fuel or technology would delay migrating to the most preferred fuel or technology in the future. Although beyond the scope of this implementation plan, the City may need to consider other policy options (such as video teleconferencing by City employees) to also help reduce vehicle lIsage and the resulting greenhouse gas emissions. PERFORi"IANCE METRICS The new policy's performance will be measured compared to a baseline by the following metrics: number of hybrid vehicles in the City fleet, number of other alternative fuel vehicles in the City fleet, number of ultra low emissions vehicles (as defined by the federal and state EPA) in the City fleet, number of gallons of fuel used (by type), average fuel economy for the City fleet (by class of vehicle) and the reduction in greenhouse gases emitted by City vehicles. CCWG Implementation Plans (As Adopted by City Council) July I, 2008 5 of 53 2-8 TIMELINE The timeline (summarized below) is based upon the basic fleet replacement schedule, and uses the replacement guidelines contained therein, modified to reflect current economic conditions. It will take approximately ten (l0) years to completely replace the fleet's car and light-duty truck vehicles with hybrid or alternative fuel substitutes. Diesel-powered, heavy-duty vehicles will begin converting to biodiesel once the pertinent infrastructure is installed. More detailed information regarding the municipal fleet replacement schedule (Appendix A) is also included as a reference in this document. The schedule assumes the availability of hybrid or alternative fuel vehicles when vehicle replacement is planned although currently there are not options for all vehicle types. It is anticipated that availability will improve rapidly in the next few years. In addition, the schedule does not include police patrol sedans nor special assignment undercover investigation vehicles. Although police sedans having Flex Fuel capabilities (i.e. able to use gasoline or ethanol) will be available in 2009, ethanol will not be used as an alternative fuel for reasons previously mentioned'. CCWG MEASURE #1: HIGH EFFICIENCY & ALTERNATIVE FUEL REPLACEMENT VEHICLES FOR CITY FLEET Implementation Tlmellne PROGRAM MILESTONES July '05 ._$350k needed to inst;J.11 fueJtanksat<hePWCto 3cccmmodatebiodie'Se! --Remaining City sedans &Iicht.cl..ty' trucks replaced or leased with hytlntis orP.FVs ~l July'12 July'18 . Vehicle Replacement F'.Jnd needs to be::ldjusted annuallyto.-erlecthigher !Jurchasel1';!3se':Jricescf hytJricsorAFVs For some off-road construction and maintenance equipment, it will be many years before these vehicle and equipment classes are replaced in the fleet with newer, less polluting substitutes. However, for some high usage equipment classes (such as riding lawn mowers and sewer cleaning trucks), they could be replaced within a relatively short period of time (possibly within' six years). In both cases, it is highly unlikely that hybrids or alternative fuel replacement options will be available for those equipment types in the near future. In the interim, diesel-powered equipment will be operated on B20 biodiesel, as soon as the fuel storage capacity issue is addressed. CCWG Implementation Plans (As Adopted by City Council) July 1,2008 6 of 58 2-9 BUDGET & FINANCING Over the ten years during which vehicles and equipment will be replaced with hybrid and/or alternative fuel substitutes, the cost difference between purchasing "clean" vehicles and regular gasoline/diesel vehicles is estimated to be $1.6 million (averaging $160,000 annually). In addition, approximately $350,000 will be required to install tanks to provide biodiesel fueling opportunities. Appendix B (attached) outlines the incremental cost difference each year. It is expected that incremental pricing will, decline over time as the technology becomes more widespread and more hybrid 'models become available for purchase. The program's budget is outlined below: . CCWG #1 . Clean Vehicle Replacements tor City Fleet. Budget AFV/Hybrid Replacement Premium $160,000 Biodiesel Fuel Tanks $350,000 TOTAL $350,000 $160,000 The Vehicle Replacement Fund will need to be adjusted beginning this year, to ensure that sufficient funds are available to implement measure # 1. At present, the Vehicle Replacement Fund is under. funded and currently only has a fund balance of approximately $950,000. Charges to vehicle user departments must be adjusted to reflect the higher purchase prices that will be experienced as hybrid or alternative fhel vehicles are assimilated into the fleet. This will have a negative impact on the General Fund, since the majority of fleet vehicles are operated by General Fund departments. Projections for the next two or three fiscal years show that there will not be a large number of hybrid vehicles brought into the fleet, based upon recently revised vehicle replacement schedules. Therefore, the immediate impact on the Vehicle Replacement Fund will not be significant. Furthermore, municipal fuel cost savings (estimated at $306,277 over 10 years based on current fuel prices) from incorporating alternative fuel and higher efficiency vehicles into the fleet will offset a portion of the increased replacement costs. CCWO Implementation Plans (As Adopted by City Council) July 1,2008 7 of 58 2-10 MEASURE #2: ENCOURAGE CITY-CONTRACTED FLEET OPERA TORS TO ADOPT THE USE OF HIGH EFFICIENCY (HYBRID) OR AL TERNA TIVE FUEL VEHICLES OVERVIEW Climate Change Working Group's recommendation #2 states that "the City ofChula Vista work with fleets under City authority to influence their expanded use of alternative fuels and high- efficiency/alternative fuel vehicles including electric, biodiesel, ethanol, hybrid, hydrogen and natural gas based on appropriateness for vehicle task, fueling infrastructure, petroleum displacement, overall cost and environmental benefit." Generally, the implementation of this policy will requir~ amendments to the City's contracting and bid specifications, requiring contractors to incorporate high efficiency (hybrid) and alternative fuel vehicles into their fleet when new contracts are negotiated. The effectiveness of this implementation is dependant upon the alternative fuels infrastructure and vehicle classes in which there are operationally-practical, technically-feasible hybrid or alternative thel options. Staff had already begun discussions concerning alternative fuels and hybrid/alternative fuel vehicles with some of the City contractors prior to the Climate Change Working Group's recommendation. City staff reviewed current contracts and permit processes in relationship to this climate protection measure. Each of these permitted or contracted fleets' implementation status is detailed below. IlYlPLEMENTATION Transit In FYI998/99, City COlincil authorized staff to convert the Chula Vista Transit (CVT) fleet from diesel to Compressed Natural Gas (CNG). The first defivery of 15 full-size CNG buses took place in 2001 and I o more arrived in 2002. In 2005, seven mid-size CNG buses were delivered. Six of these buses were incorporated into the Transit fleet and one was turned over to the Nature Center to be utilized as their shuttle. The current Transit fleet, as summarized in Table 2 below, now consists of 37 buses of which 31 buses are CNG. Table 2: Current Transit Fleet Inventory Year Fuel Type No. of Buses Bus Type 30' Low Floor 2005 CNG 6 40' Low Floor 2001 CNG 10 40' Low Floor 2000 CNG IS 40' Low Floor I 2000 Diesel(l) 2 35' High Floor 1995 Diesel") 2 40' High Floor 1991 Diesel") I 35' Hicrh Floor 1991 Diesel") I TOTAL 37 () Will remain in fleet. Needed to meet 20% spare ratio. (2) Scheduled for replacement. . CCWG Implementation Plans (As Adopted by City Council) July!,2008 8 of 58 2-11 Street Sweeping Cannon-Pacific, the City's contracted street sweeper, currently operates three street sweepers within City limits. The contractor is looking into alternative fuel trucks and related fueling options available for street sweepers and has expressed interest in using alternative fuel vehicles within the current contract term, which may require "significant" contract amendments. Cannon- Pacific fully understands the need for alternative fuel vehicles and is willing to work with the City of Chula Vista to comply with climate protection measure #2. Trash Hauler The City's contract with Allied Waste Services is in its first eight-year contract extension, which expires June 30, 2015. There is a "Clean Fuel Source" clause in the current contract with Allied Waste Services: 6.2.24 Clean Fuel Source. Pacific shall develop a pilot project/or Collection vehicle replacement or conversion to a clean fuel service in cooperation with City within 180 days which identifies Collection vehicles for conversion and provides that conversion will occur if City and Pacific can. identify outside funding to pay for (a) the vehicle conversion, (b) incremental cost of new vehicles and (c) costs for a centrally located fueling station. Pacific or its Affiliate will promptly implement a program regarding the purchase of new clean fuel source (u., E-rated electricity, propane, natural gas, liquid natural gas, hydrogen fuel cell, eNG, or equivalent clean power and fuel source) for non- Collection support vehicles and on-site equipment using gasoline or diesel (such as fork lifts or generators) upon the replacement of such support vehicles and on-site equipment. Pacific will immediately establish service with a California Green E Utility provider for its on-site electrical power source needs at Chula Vista facilities. City shall permit Pacific and its AJfiliates to purchase cIeanfl.lel sources from City at a price that does not include any profit for City. Allied Waste Services began using biodiesel (B20 Blend) seven years ago and more recently began adding a fuel reformulator, Ethos RF, to improve fuel efficiency and reduce emissions (non-greenhouse gas). This fuel combination, in tandem' with all the California Air Resources Board-required equipment (such as particulate traps and catalytic converters), has reduced their opacity readings fleet-wide by 74.5% since 2001 and already placed them in full compliance with 2010 air emission standards. Allied Waste Services operates 52 collection vehicles in the City of Chula Vista. Taxis The City does not currently contract with any taxi service, but does license taxis to operate within the City's boundaries. In order to obtain a license to perform taxi service within Chula Vista, the cab company must submit their cab(s) to a thorough vehicle inspection and fill out the required licensing paperwork with the City of Chula Vista Police Department's Traffic Enforcement Unit. Of the 179 taxi cabs that are currently licensed to operate within the City of Chula Vista, approximately 51 % of the taxis are independently owned and operated. The remaining taxis belong to one of three different taxi cab companies: Red Cab (45 taxis), Eritrean Cab (23 taxis) and Yellow Cab (20 taxis). In discussions with the three major cab companies, City staff learned that the companies do not directly purchase vehicles, rather they independently contract with individuals to provide insurance, dispatching and name recognition. It is up to each individual cab owner to replace his/her vehicle. All three companies indicated that currently moving to alternative fuels is problematic because there is not an established network of fueling infrastructure to support CCWG Implementation Plans (As Adopted by City Council) July t, 2008 9 of 58 2-12 vehicle fleets throughout San Diego County. In the past, Yellow Cab tried switching their fleets to CNG but frequently had their vehicles running out of fuel due to the limited infrastructure. As a result, their towing expenses increased dramatically and they reverted back to conventional fuel vehicles. Another obstacle to incorporating "clean" vehicles into the taxi fleet is the cost increase to individual cab operators. Taxi vehicles are .typically purchased as used vehicles. By requiring new AFV!Hybrid vehicles to be purchased instead, operators would not be able to make enough revenue to offset the cost premium of purchasing the new vehicle. This could result in low-er service levels within City limits which may directly affect Chula Vista residents and businesses. Tow Trucks The City currently contracts with four tow companies to provide police-initiated tows such as vehicle accident removal, abandoned vehicle removal, negligent vehicle impounds and towing inoperable department vehicles. Staff met with the tow companies to discuss alternative fuel or hybrid options for their fleets. Because the majority of tow vehicles use diesel-based engines, the only practical alternative fuel option for the tow fleet at this time is biodiesel. The closest biodiesel fueling station toChula Vista is off Interstate 15 at EI Cajon Boulevard. Because of the distance (approximately 10 miles) and the limited operating hours (7 am - 10 pm), this is not an economically or environmentally feasible option. Until the appropriate fueling infrastructure is built in Chula Vista, biodiesel use is impractical for the tow truck fleet. For the few non-diesel based tow vehicles, there currently are no alternativelhybrid options for these sized vehicles. However, manufacturers of larger trucks are now developing hybrid vehicles which ultimately could be placed into fleet use sometime in the future. The current contract with the tow companies expires June 30, 2011. As a new contract is eventually pursued, staff will reassess local biodiesel availability and other relevant AFV!Hybrid replacement options. If there are feasible options, language will be added to the Request tor Proposals outlining the City's Policy for AFV!Hybrid vehicles. PERFORMANCE M;ETRlCS As a performance measure, the City will require an annual vehicle list from contractors which may contain, but is not limited to, the vehicle fleet number, make, model, age and fuel type of each vehicle. Through this annual inventory, the City will be able to track each contractor's progress in incorporating hybrid and alternative vehicles into their fleets. TIMELINE Transit The Metropolitan Transit System (MTS) has approved the funds to purchase six additional CNG buses for the Chula Vista Transit fleet during CY 2009 which will result in 95% of the fleet being powered by an alternative fuel. Additionally, Chula Vista and MTS are under the California Air Resource Board's (CARB) Alternative Fuel Path, which commits both agencies to purchase only alternative fuel buses. Chula Vista Transit's contractor, Veolia Transportation. Inc., has also committed to purchasing five (5) hybrid vehicles for their road supervisor staff. The implementation time line for transit vehicle replacement is summarized below: CCWG Implementation Plans (As Adopted by City Council) July 1,2008 10 of 58 2-13 CCWG MEASURE if2: ENCOURAGE CITY-CONTRACTED FLEET OPERATORS TO ADOPT THE USE OF HIGH EFFICIENCY OR ALTERNATIVE FUEL VEHICLES Implementation Timeline TRANSIT. PROGRAM MILESTONES 'InitioljJurchase aflSftJU.size CNGbuses'n 2001 . \0 full.si:z:~ CNGbuses purchased in 2002 o7mir.f..sizeCNG buses purchased in 2005 'MTStDf;:urchaseli moreCNGbusesin 2009 July '01 July '0.5 / /July'o.9 , 'MTS trilnsitpravider. VaoHa Transportation, inc., has corrmltteoto iJurchasinghybrid veniclesforsr.;~rviscrs(5) . HydrogenlCNG blend - 2 buses to lle recalibrated for 201BO fuel blend via grant from Congressman Filner's office Street Sweeping Cannon-Pacific is willing to start converting to alternative fuel vehicles prior to the end of their current contract term which expires June 30, 2011. The implementation timeline for street sweeper vehicle replacement is summarized below: CCWG MEASURE if2: ENCOURAGE CITY-CONTRACTED FLEET OPERATORS TO ADOPT THE USE OF HIGH EFFICIENCY OR ALTERNATIVE FUEL VEHICLES Implementation Timeline STREET SWEEPERS. PROGRAM MILESTONES I \ July'O~ \ \ , \ I July '0.9 I July '10. I July'12 . Initial discussionWlL'1 cantrnc:orabou[CCWG me3sure&future equipment conversion .NewcontraCt$Wlttl altemativeruelorhigh efficiencyvehicie requirement begins CCWG Implementation Plans (As Adopted by City Council) July 1,2008 IlofSS 2-14 Trash Hauler Over the last two years, Allied Waste has continued to evaluate biodiesel suppliers who could provide a consistent, high quality fuel source. One potential source is a company called New Leaf which is building a biodiesel manufacturing facility in Otay Mesa. The facility will use cooking oil as its fuel base. Allied Waste Services has already begun to meet with New Leaf to work on establishing standards and a possible purchasing agreement. The implementation time line for trash hauler vehicle replacement is summarized below: CCVVG MEASURE #2: ENCOURAGE CITY-CONTRACTED FLEET OPERATORS TO ADOPT THE USE OF HIGH EFFICIENCY OR ALTERNATIVE FUEL VEHICLES Implementation Timeline TRASH HAULERS. PROGRAM MilESTONES . CQntrac:or began use of biodiesel In collecrionvehicles i'nr City comrac! 'l~ContractextenSlonflJrayears July '01 July '04 July '07 July '10 Ju '15 . Resrnrtingbiodieselirom mOD;consi::tentsupplier ~ November200a . Ne:<<conlractrenewal dateJulyl,21J15 . Contn.ctor received bad load ,"fbiodiese!whichcaused majortleetprotlems- clogged fuel systems. Taxis The timeline for transitioning taxi vehicles to AFV Ihybrids is unknown due to the reasons stated above (cost effectiveness & fueling infrastructure). Tow Trucks When the current tow services contract expires in June 2011, there should be greater biodiesel availability in Chula Vista as well as greater availability of other MV /Hybrid truck options capable of performing tow operations. BUDGET & FINANCING While there is some grant funding available for specific equipment/models and conversions, it is expected that there will be some cost increases or longer contract terms required for contractors to be able to amortize the capital investments from complying with the City's "clean" vehicle replacement policy. The program's budget is outlined below: CCWG Implementation Plans (As Adopted by City Council) July 1,2008 12 of 58 2-15 ;;,. CCWG #2 - Clean Vehicle Replacements for City-Contracted Fleets - Budget HCNG Blend Project - Buses $144,000 H21CE - Van $43,000 TOTAL $43,000 $144,000 Transit The Metropolitan Transit System has approved the funds to purchase six CNG buses for Chula Vista Transit which are anticipated to arrive in 2009. The City has received a $738,000 earmark from Congressman Bob Filner's office for a Hydrogen/Compressed Natural Gas (HCNG) blend project. Two CNG buses will be recalibrated to operate on a 20!80 HCNG fuel blend. Using the HCNG blend reduces all emissions. An immediate and significant benefit comes from a 50% reduction in nitrogen oxides (NOx) compared to CNG. Approximately $5,000 - 6,000 per bus! month will be required to produce the hydrogen required to operate the buses. Transit.funds will continue to be able to fund the CNG fuel use, but additional funds will be needed to cover the incremental cost of the hydrogen production. Ford Motor Company has provided the City one (I) experimental Ford Hydrogen Internal Combustion Engine (H2ICE) 12-passenger shuttle van, which will be based on the Ford E450 platform for the purpose of aiding both Ford and the City to demonstrate and evaluate the performance characteristics of such a vehicle. The City of Chula Vista proposes to use the H2ICE as the transportation means for visitors to the Chula Vista Nature Center. The cost of electricity to generate the hydrogen by the City's hydrogen electrolyzer is estimated at $2,400 per month. The extended cost over the term ofthe project is estimated to be $43,000. Street Sweeping Cannon-Pacific has expressed an interest in starting the alternative fuel vehicle implementation within the current contract term, which may require "significant" contract amendments such as additional fees or costs. Trash Hauler Allied Waste Services has recently submitted a grant application to the Air Pollution Control District's Carl Moyer Fund to purchase 25 CNG trucks and a fueling station for its Chula Vista fleet. They are also researching the feasibility of using landfill methane gas for fueling purposes. CCWG Implementation Plans (As Adopted by City Council) July 1,2008 . 13 of 53 2-16 MEASURE #3: BUSINESS ENERGY ASSESSMENTS OVERVIEW The measure, as adopted by City Council, would encourage through a new municipal ordinance commercial and industrial businesses to participate in an energy assessment of their premises The measure is intended to help businesses identify energy efficiency opportunities at their facilities and, if desired, take advantage of applicable rebate and incentive programs for energy efficiency improvements. The assessments, which would be offered at no cost, would only apply to businesses with a physical storefront and/or office and would be encouraged when a new license is issued or every three years for a renewed business license. The business energy assessment process is graphically summarized below: CCWG MEASURE #3: BUSINESS ENERGY ASSESSMENTS Implementation Plan Summary , PROGRAM , , PROGRAM IMPLEMENTATION DEVELOPMENT , , , FOR EXISTlN3 UCENSES: , , Business ASRlument NotJco , , (November) , BlJ$/ness As.:scssment , . Sent in conjunctionwrt:h NrnicI:J lWunicip<lJCode Revisions , Finance Dep3rtment's :lf1nual , Scheduling P~ried (WIthin Calendar Y~ar) , business license r~ne',val notice 'Arr.endrr,entroCh:'lj:ter]O , (30 days) . City staff performs energy Energy Conservation of the , assessment &. revie\l'l Municipa!code , . BTJsinesssels <lssessment ~ resultsVllith business , appointment . Possible cross references , representative added to sectcn5 ,)11.5.0.:.1 , . Assessment c::m ecrur . City s::aff assists CLlSLrless cf8usines'i: Ucense code , ~me durfng their reguiar , \I'.fIthenergyefficiel'1c,/ . Public Reading$3nd review , FOR (lj8N UCEI\,fSES: hcursofopention incentive and reoate periods , application atthediscretion , Business Assessment Notkc , of the bu'Siness , (Deoendent af i"l.pplication , , Submittal Dare) , .P.pplicantnotifiedofassessment , , when new business license is , i'5:$ued , , , , , IMPLEMENTATION The Department of Conservation & Environmental Services will administer the program with anticipated support provided by the Finance (Business License Division) and Information Technology Services (IT Programming Division) Departments. Staff is recommending that the business energy assessment be codified through Title 20 - "Energy Conservation" of the Chula Vista Municipal Code (see Appendix C for example of conservation-focused municipal code applying to all Chula Vista businesses). Specifically, the municipal code would be augmented to include the following concepts: All commercial and industrial businesses in the City of Chula Vista are encouraged to cooperate with City staff or their delegate to conduct a free energy assessment of their facilities when a new business license is issued or once every three years for an existing CCWG Implementation Plans (As Adopted by City Council) July I, 2008 14 of 58 2-17 license by providing; I) a date and time for the assessment convenient for the business, 2) access to their facilities for the assessment during their regular business hours, 3) authorization (voluntary) to access their Energy Waves account (a San Diego Gas & Electric energy analysis tool), and 4) a signature and title of a facility manager on a completed assessment form acknowledging that the business has received a completed assessment and relevant information about potential energy efficiency improvements to implement at the business's discretion. For multi-tenant commercial buildings, the property manager may authorize a whole building assessment replacing the need for individual tenant assessments. Assessment Notification Process: The City will send a written notice to each business at least once every three years in conjunction with the City's annual business license renewal mailer informing the business of the opportunity for a free energy assessment and providing information that allows a business to schedule an appointment at their convenience. A business shall also receive a business assessment notice whenever a new business license is required such as the establishment of a new business or transfer of ownership for an existing business. Assessment Deliverables: The assessment findings shall be provided to the business on a form established by the City Manager in conjunction with the local utility and business representatives, including a chart of their energy consumption over the past 18 months (extracted from their Energy Waves account) and an estimate of their potential energy and financial savings as well as the corresponding greenhouse gas (GHG) reductions based on state-approved GHG accounting protocols. The assessment may also review alternative transportation options which the business could implement and/or promote to its employees and customers and the resulting GHG reductions. The City shall provide any available forms and an offer of assistance to complete the forms and process for accessing available state and/or local rebates that reduce the cost of implementing the voluntary energy efficiency improvements. Businesses are not required to implement improvements, however, businesses may at their discretion request additional assistance from the City or its designee to be trained on how to use Energy Waves and implement any or all of the measures selected by the business as the most cost effective choices for reducing energy consumption. The City shall also provide contact information for the local Utility's Account Executive or other staff designated by the Utility for a specific program that may assist the business in reducing its energy costs. Exemotions: An energy assessment may not be necessary for new businesses occupying a commercial space which has completed one of the following: I) been permitted by the City Building Division within three years for a remodel or new-construction to meet the most current City Title 24 and above standards, 2) has been certified through a California Energy Commission-certified (or other applicable state agency) green building program, or 3) has already received an assessment within the last three years. In addition, Assessments are not necessary for home offices, mobile businesses and other business entities that do not have a utility gas or electric meter on a commercial rate schedule. CCWO Implementation Plans (As Adopted by City Council) July 1,2008 150f58 2-18 PERFORMANCE METRICS The business energy assessment program's perfor'mance will be measured by a suite of metrics including the number of assessments performed, number of energy efficiency improvements identified and the corresponding potential kWhfTherm savings. In addition, the number of businesses implementing new alternative transportation policies or programs will be tracked. Staff will investigate the possibility of receiving aggregated customer information from SDG&E to quantifY the number and amount of incentive funds solicited as a result of the business assessment process. In the City's current greenhouse gas (GHG) inventory protocol, the business sector's carbon emissions are directly quantified by extrapolating business energy use from aggregated community data provided by SDG&E. While the proposed program does not require businesses to adopt energy efficiency improvements, it does help them to understand and apply for SDG&E rebate and incentive programs that could lead to increased energy conservation. Over the last two years, City staff has visited over 2,000 businesses and identified over 800,000 kWh in potential annual energy savings (equivalent to over 700,000 lbs of carbon emissions) as part of the current program. Encouraging an energy assessment as part of. the business license renewal process will greatly expand the potential for immediate emissions reductions and provide opportunities for businesses to lower their monthly energy costs. TIMELINE Implementation would require an amendment to Chapter 20 "Energy Conservation" of the Chula Vista Municipal Code and potentially a cross reference amending the Business License code sections (5.02 & 5.04). Ordinance notice, first reading and second reading would take approximately 40 days. Some items may require review by other agencies which may also take an estimated 45 to 60 days. The program's time line is summarized below: CCWG MEASURE #3: BUSINESS ENERGY ASSESSMENTS Implementation Plan Tlmellne PROGRAM MILESTONES' Jan'09 dug '08 'Oraft&pr~sent!O .N~SQG&E P3rtnershipfunding Councilmunicioal '::legins&continues codernvis:cns throUl;hOec'll . , I I I uly'Oa Jar '09 July' 00,'08 Ncy'OS Jao'09 . Hire &tr3in statf -Notices sent to . Business .Oevelop:;:rogr-3m businesses &. assessments:Jegin& materials ass~s"T1ent continuethrnugr,out scnediJlingbegins year 09 CCWG Implementation Plans (As Adopted by City Council) July 1, 2008 16 of 58 2-19 BUDGET & FINANCING The proposed program's implementation cost is estimated to be $321,400 per year in staffing, supplies and services (summarized in table below). This program cost assumes full funding of all seven CCWG measures and will leverage each measure's "budget to provide partial cost sharing of staff time and program materials. For example, staff visiting businesses to perform energy assessments will also be able to promote other climate-related programs such as the Solar Conversion (CCWG Measure #5) and Turf Lawn Conversion (CCWG Measure #7) programs leading to lower implementation costs for each program and increased program participation. A portion of each measure's budget will also partially cover overall administrative and performance tracking costs associated with the City's climate protection efforts. The program's budget is outlined below: CCWG #3 . Business Energy Assessment. Budget City Staff $111,600 $146,800 Interns Marketing $16,000 Other Commodities $47,000 TOTAL $321,400 "'Assumes cost sharing between CCWG Measures #3, 5 & 7 Probable funding by SDG&E/CPUC through Dec 2011 The City, through the Department of Conservation & Environmental Services, currently offers a voluntary business energy assessment program which is funded through a California Public Utilities Commission (CPUC)/San Diego Gas &Electric (SDG&E) grant through December 31, 2008. The grant only provides funds for the assessments and not incentives for businesses to implement the identified energy efficiency improvements. Staff has submitted a new grant proposal to the CPUC/SDG&E to continue funding the business assessment program through December 31, 2011. To ensure the program continues beyond future grant funding cycles, staff "would recommend that the program should be funded through a more broadly applied Fee Authority structure. A Fee Authority would provide staff with greater flexibility to address future business growth and increased personnel and supply costs as the program and economy evolve. CCWO Implementation Plans (As Adopted by City Council) July 1,2008 17 of 58 2-20 MEASURE #4: GREEN BUILDING STANDARDS OVERVIEW The City of Chula Vista Climate Change Working Group's (CCWG) recommendation #4 urges the City to adopt community-wide green building standards that are comprehensive in coverage and mandatory. The CCWG recommended that new and substantially renovated structures be required to be built to LEED Silver or to an equivalent third-party certification green building program, with the effect of having an energy efficiency impact of at least 20% over current Title 24 requirements. However, there is not a straight-line relationship between green program certification or Title 24 performance and carbon reductions. For this reason, City staff recommends an approach that focuses directly on carbon emission reductions. Reductions in energy use by buildings are among the easiest carbon-reducing actions to quantify and lessen the community's "carbon footprint." As approved by City Council, Chula Vista will implement a citywide, mandatory green building standard for new construction and major renovations. The new standard will have 3 main components: (1) a minimum energy efficiency (carbon equivalent) requirement of 15% above Title 24 - 2005, (2) the early adoption of the new California Green Building Codes for all residential and commercial projects and (3) a Carbon Offset Fee available for projects not meeting the 15% above Title 24 threshold. The City will re-evaluate its Green Building Standard in summer 2009 when the revised Title 24 becomes effective. The Chula Vista Green Building Standard will complement green building measures at the state and national level, and place a high priority on reducing the carbon emissions of buildings in Chula Vista. The innovative program provides an equitable solution for new and retrofit, as well as residential, industrial and commercial buildings. Furthermore, the proposed program meets, and in the case of commercial projects exceeds, the initial reduction targets outlined, by Architecture 2030, a nationally- recognized movement in the building/architectural community to make new buildings "carbon neutral" by 2030 (Appendix D). IMl'LEMENTATION The City of Chula Vista Planning and Building Department, Building Division, is responsible for confirming that all commercial, industrial and residential construction projects meet the minimum requirements of the State and locally mandated construction codes. They also provide plan check and associated inspections. The Planning Division is responsible for promulgating policy and regulations and administering them for land use, site design and zoning. Building Codes, land use policies, zoning ordinances and design guidelines all can contribute to the goal of meeting this objective. The Chula Vista Green Building Standards program will focus on reducing carbon emissions and contains the following four components: (1) Develop and implement a Chula Vista Building Carbon Reduction Benchmark Program, (2) Early adoption of the California Green Building Code, (3) Preparation and Implementation of a Green Awareness program for homeowners and building operators, and (4) Adoption of new zoning ordinances and design guidelines. The implementation process is graphically depicted below: CCWG Implementation Plans (As Adopted by City Council) July 1,2008 18 of 58 2-21 CCWG MEASURE #4: GREEN BUILDING STANDARDS Implementation Plan Summa'Y Building Corbon Reduction Benchmark program . Develop and ~..abl[Sh the goals,objectivessnd lhresho!ds for caroon reduction oIJevelop an energy seving3 COI'TlI"onert that ernr;:haSize3 c:ommunrtyfsde design guidelines and energy effiCiency -Prepme guidefines lor budding permit review and ret!ne the Dnit Carboo Reduction Checklist . Evslu.!lte and develop It mitigsllon fee component Green Building Standards Program . ProlT'des the quart!t'.ahla reduc!ion of carbon emi!;sions fer residential, ltidustrial $f'ld commerCial bUildings . compllmerrt.'! the rnea$l.Jl'es at a ~ate and netloMllevel end reduceS the r;ommun~y'3 'csrbon tootprint.~ Early Green Building COde Adoption . Adopt the Califorrm Oreen 8l.lilding Code prior to implementation of January 201' . Adopt a Fl1lclings 01 Fad: in ac~'l'\olthlMHe:l.~h and Safety Code 17SSa.5 and.6 Gre'ln Awa.~n.$s Program . Prepare and implement an education and outr~ program for homll':OVVOel's and buildingopera!:oM: . CcorcHl'lale and coI!a1:1oral:e wrth soo..e.e lor prnmotionel "n,," POlley GUideline. and Regulatory Amendments . Upd~e AQIP guidelines to ilTlplement ~re~ buildi'lg st&nd8rd.s lor !Mge-xs!e ~ment . Prepsre !In." addilioMl policy program guidelk"leslo addr~ smaller dCVelopmert or A832 reqti'ement~ o Amet'ld!lppMcable development regulelioM (i.e. toning code design guideHne~, GMOC ordlnancelguklelines or municipal code to implement Carbon Reduction Program Development of a Building Carbon Reduction Benchmark Program Staff will work to develop and implement a Building Carbon Reduction Benchmark Program, which would recommend that all new construction ~nd remodels reduce and document reductions in carbon emissions compared to the minimum'results that would be achieved through compliance with the applicable version of California Title 24 energy standards. The proposed program will allow developers the flexibility to determine how best to meet these requirements, which will offset the burden associated with meeting an additional procedural requirement. This program would provide a level playing field for new and retrofit, as well as residential, industrial and commercial buildings, and would help accomplish the goals of the Chula Vista CO, Reduction Plan. In coordination with stakeholders, staff would begin with developing the framework of the Building Carbon Reduction Benchmark Program to attain 15% greater carbon reduction than current Title 24 requirements and establish the goals, objectives and proposed thresholds to accordingly reduce overall carbon emissions for all new development. Staff will then prepare an energy savings component that includes both c.ommunity/site design guidelines and energy efficiency measures. As a part of this effort, staff will prepare guidelines for building permit review and further refine and/or supplement the Chula Vista Carbon Checklist (Appendix E). This checklist shows emission reductions for various Development Credits as well as Energy Efficiency Credits for both Prescriptive and Performance Paths. As a part of this program, staff will evaluate a range of proposed carbon emission thresholds. As an example, proposed .thresholds may require a reduction in carbon emissions of 15 pounds per 100 square foot in Climate Zone 7 and a reduction of35 pounds per 100 square foot in Climate Zone 10 based on the applicable version of Title 24. Chula Vista straddles two different climate zones. The bulk CCWG Implementation Plans (As Adopted by City Council) July 1, 2008 2-22 190f58 of the City rests within Climate Zone 7 while the far east of the City is in the more rigorous Climate Zone 10 (Appendix F). These values represent the approximate carbon savings achieved when exceeding Title 24 by 15%. The Chula Vista Carbon Reduction Checklist will need to be completed by the builder for each permit. The savings can be accomplished in two different areas: (I) community/site design and (2) energy efficiency. The first typically applies to larger scale projects, and the Planning and Building Department will ensure that future long range plans such as Specific Plans and Sectional Planning Area (SPA) Plans include community/site design and energy efficiency components through policy and regulatory changes as presented in the "Policy Guidelines and Regulatory Amendments" section. Community/site design features generally manifest carbon savings through reducing vehicle miles traveled (VMT), and associated tail pipe emissions, by increasing emphasis on other travel modes such as walking and transit use through means including: expanded pedestrian/bike connections, expanded transit plans, mixed-use development, and increased density. Additional efficiency can also be gained through site design features that optimize the potential for renewable and advanced energy-efficient technology uses (i.e. solar orientation, cogeneration and district energy systems). While all of these features can lead to carbon savings, the establishment of baselines and the quantification of savings for community design measures are less direct than with energy efficiency measures, and at present there are not well established metrics. This is one of ~he primary focuses of the active Chula Vista Research Project (CVRP) with the National Energy Center for Sustainable Communities (NECSe). The CVRP/NECSC team is currently conducting studies to produce a set of clear modeling assumptions, a detailed description of their methodology and specific emission reduction values for alternative community/site design features. Their work will not be completed for several months. Staff will also need to carefully work with the CVRP outputs and the NECSC team to define and establish these baselines and features, and balance their use along with desired energy efficiency savings. To accomplish development of the community/site design component of the Green Building Standards Program, staff envisions a multi-step process which will include the following: (I) establishment of a community/site design Working Group, (2) scoping and evaluation workshops, (3) compose a draft standard and conduct a rating simulation, (4) revise the draft standard and solicit stakeholder input and (5) complete and issue the final community/site design standard for Council consideration as part of the overall Green Building Standards Program. Individual project savings will need to be quantified by the developer or builder with PLACE'S, Community Viz, URBEI\IUS or other appropriate software used to calculate energy generation and efficiency options as a function of land use and development choices as determined through the CVRP. The Planning and Building Department will evaluate the~e products to determine which is preferable for use in the Program. Builders will also be able to accumulate carbon savings through energy efficiency. There will be three avenues for them to accomplish this: (I) a prescriptive path where the builder selects features that will deliver the necessary savings, (2) a performance path where the builder uses California Energy Commission-approved software to quantifY the energy savings (and thus carbon savings) of specific efficiency measures and (3) renewable energy production. The prescriptive path is available to residential construction and remodels; however, commercial buildings must follow the performance path. The third method for builders to reduce carbon CCWG Implementation Plans (As Adopted by City Council) July 1,2008 20 of 58 2-23 emissions is to include on-site renewable energy. Technologies that shall qualifY include: solar photovoltaic systems, solar hot water systems, geothermal systems (geoexchange) and small scale wind turbines. The building will be credited with carbon savings based on the size of the system installed. This compliance method will be available to all building types. The City will re-evaluate the Green Building Standard's 15% threshold in summer 2009 when the revised Title 24 becomes effective. The program will include a mitigation fee component should a builder choose or otherwise not be able to effectively meet the additional CO2 savings requirement on-site. The fee will equate to the cost of exceeding Title 24 by 15%. The fee will establish a dollar value per pound of necessary carbon offset by building type. Preliminary estimates from our consultant, ConSol, indicate that the fee may be approximately $2.50 per pound of carbon plus administrative costs. By focusing on pounds of carbon per square foot, the City can utilize the same set of ground , rules for residential and commercial construction, new construction and remodels, custom homes and large developments. Builders shall also have the option of opting out of the checklist if they demonstrate through CEC certified software that they exceed Title 24 by 15% or more. Earlv Adoption of California Green Building Code The Building Standards Commission (BSC) and Department of Housing and Community Devdopment (BCD) have developed a California Green Building Code (CGBC), which will apply to non-residential and residential construction, respectively. The BSC regulations for non- residential buildings is currently intended to be a voluntary code, while the HCD version for housing three stories or less will become mandatory by State Law on January 1,20 II. Since the mix of Chula Vista permits weighs heavily on residential (80/20), it is recommended that the California Green Building Code requirements be used for both residential and commercial buildings. Please note that the plumbing provisions of CGBC do not become effective until July I, 2011. The plumbing measures have a delayed adoption to ensure that enough of the required product (fixtures, showerheads and toilets) will be available to meet market demand when the code is adopted. The CGBC includes many best practices among the existing green programs. The water savings, construction waste reductions, and the Volatile Organic Compound (VOC) limits for paints, adhesives, and carpets can be mainstreamed into construction practice with minimal cost impact. The provision of the CGBe that has the largest cost impact is the requirement for 1.28 gallon per flush toilets. Currently, a 1.28 gallon per flush toilet is -$250 more expensive than a current 1.6 gallon per flush toilet. ' It is recommended that Chula Vista adopt the HCD California Green Building Code as itwill be approved this summer. If Chula Vista adopts this code before the implementation date of January 1,2011 and/or expands its scope to include commercial buildings, the City will need to adopt a Findings of Fact per Health and Safety Code 17958.5 and 17958.7. This is a finding that states that the new municipal code is reasonably necessary' for climatic, geologic or topographic conditions. The new code would not be effective until the Findings of Fact were filed along with the ordinance to the Building Standards Commission. CCWG Implementation Plans (As Adopted by City Council) July 1, 2008 21 of 58 2-24 The requirements of the HCD California Green Building Code are: Plan for storm water drainage and retention during construction; 406.2 Site Development: retention basins; storm water filtered by a barrier system to public drainage; comoliance with storm water manacrement ordinances 503 Enerl!V Efficiencv Performance requirements meet current T -24 506.1 Air Sealing Package Joints and openings must be sealed to the CEC energy standards currently in effect 20% reduction in potable water use; each plumbing fixture 20% reduced flow rate: showerheads - 2.5 to 2.0 gpm, bathroom and 603 Indoor Water Use kitchen faucets - 2.2 to 1.8 gpm, toilets - 1.6 to 1.28 gal/flush.( 1.28 gpf toilets are required by code as of 711111) or calculation demonstratine: 20% reduction in water use baseline 705.3 Covering of Ducts & From rough until final all ducts shall be covered to reduce dust and Mechanical Equipment debris which may collect in the svstem 50% reduction of non-hazardous construction and demolition 709.2 Construction Waste Reduced waste or local ordinance, whichever is more stringent (exception: excavated soil and land-clearing debris) 711.2 Building & Maintenance Provided to building owner Manual Adhesives and sealants used on the project shall meet the requirements of the following standards: 1. Adhesives, adhesive 804.1.1 Adhesives and Sealants bonding primers, adhesive primers, sealants and sealant primers shall comply with South Coast Air Quality Management District (SCAQMD) Rule #1168; and 2. Aerosol adhesives shall meet the reouirements of California Code of Reaulations, Title 17 804.1.2 Paints & coatings Architectural paints .and coatings shall comply with South Coast Air Ouality Manaaement District (SCAO~!D) Rule #11l3. 804.1.3 Carpet & carpet systems Shall be low VOC 804.1.4.1 Particleboard and medium Shall be certified to ANSI A208.1 and A208.2 (low formaldehyde density fiberboard (MDF) used in emission standards) interior finish systems 804.1.4.2 Hardboard plywood nsed in Shall be certified and comply with ANSlJPHV A HP-1-2204 and U.S. HUD Title 24, Part 3280 (low formaldehyde emission interior finish systems standards) 805.2.1 Vapor retarder and capillary Min. 4" of 12" clean aggregate base between vapor retarder and break installed for slah on grade slab foundations Building materials with visible signs of water damage, mold or 805.3 Moisture content of building other biological growth shall not be installed; interior walls and floors shall not be enclosed if framing members exceed 18% materials moisture content or if insulation is wet or have a high moisture content Exhaust fans shall be provided from each room containing a bathtub, shower, or tub/shower combination; exhaust fans shall 806.3 Bathroom exhanst fans comply with ASHRAE 62.2, Section 5; exhaust fans shall be ENERGY compliant; exhaust fans shall terminate outside the building HV AC filters shall be rated at MER V 6 or higher. Filter grills and 806.4 Filters duct systems shall be sized to prevent pressure drop across the filter. - CCWG Implementation Plans (As Adopted by City Council) July 1; 2008 22 of J8 2-25 Unlike other green programs, however, there is no requirement in the HCD portion of the California Green Building Code to exceed Title 24. It is the energy efficiency portion of any green program that is responsible for the carbon dioxide savings. Thus, the HCD program on its own will do little to combat global warming, but when paired with a City requirement to reduce carbon, the HCD program is on par with the other green programs found nationally and throughout the state. The HCD language is closely modeled on the soon to be published ANSI 700 National Green Building Standard. The City ofChula Vista Growth Management Ordinance currently requires a Water Conservation Plan (WCP) to be submitted with all Sectional Planning Area plans, tentative subdivision maps, or with major development projects. In May 2003, the City adopted WCP guidelines in order to implement this requirement. As a companion component to this program in the Turf Lawn Conversion program (measure #7), the City would review the state Model Landscape Ordinance and update the Landscape Manual and WCP guidelines to encourage additional water savings. City staff and builders will need to be trained on the requirements of the California Green Building Code. Since this training will ultimately be necessary, focusing on the California Code eliminates the need to train for a local green building code now, and the California code later. Green Awareness Program An education and outreach effort will help to highlight energy saving steps homeowners and building operators can take to help reduce their carbon footprint. The science and findings behind the CCWG's measures should be made available to the public. Education and outreach efforts should include what the CCWG recommendations say and why they should be implemented. Distinctions should be presented between basic Energy Code compliance, the Chula Vista Green Building Standard and the upcoming California Green Building Code. Between these standards, a new or substantially remodeled structure will combine an energy efficient building envelope, building systems, water conservation, increased comfort and cost savings as well as a much healthier indoor environment and provide measure implementation time lines and guidelines for all aspects of the outreach and education program. Information dissemination should be through the City's Building and Planning Departments many outreach resources such as their "Sustainability Website," newsletters, seminar series, news releases, brochures and fact sheet stations as well as other marketing approaches and media. A carbon calculator is another way to encourage those not building or retrofitting to start thinking about reducing their footprint. Green Awareness will be spread through training City staff and builders on the requirements of the California Green Building Code. All new buildings in Chula Vista shall include a Green Awareness section in the Homeowner or Maintenance and Operations Manual. This would contain an overview of the energy and cost saving features as well as facto ids such as that a Plasma screen television uses as much electricity'as a refrigerator. Policv Guidelines and Regulatorv Amendments In order to implement the Building Carbon Reduction Benchmark Program, several policy documents and development regulations will need to be modit1ed to reflect new green building standards. This program will likely require amendments to the City's adopted Air Quality Improvement Plan (AQIP) guidelines, Growth Management Ordinance, Design Manual and Guidelines, and the City's Municipal Code. The Green Building Standards Program will also require amendments to the Zoning Ordinance in order to implement any proposed community and/or site and building design standards. LEED-NC (New Construction) and LEED-ND CCWG Implementation Plans (As Adopted by City Council) Juiy 1, 2008 23 of 58 2-26 (Neighborhood Development) will continue to be considered and encouraged as the City amends the Zoning Ordinance and Design Manuals. Although Chula Vista is creating its own Green Building Standards program consistent with the direction of State legislation for building codes, Chula Vista will continue to use and consider (according to General Plan policy) LEED-NC and LEED-NO, as long as they are national standards embraced by the broader architectural and development community. These LEED standards are now included and available through the Urban Core Specific Plan as options and are coupled with development incentives. All proposed regulatory amendments will be vetted through a public process that will encourage community and stakeholder input. Following adoption of these proposed changes to the City's policy guidelines and development regulations, staff will evaluate and implement a process to align the Green Building Standards program and the Zoning Ordinance and Design Manual modifications with the California Environmental Quality Act (CEQA) environmental review process. PERFORMANCE METRICS The implementation of this measure requires an addition to the City's municipal code outlining the new green building standard. Performance would be gauged by the sum of carbon savings of each permit granted and building built in comparison to the anticipated savings achieved through compliance with the minimum requirements of the applicable version of Title 24. TIMELINE The program's implementation timeline is graphically summarized below. The CGBC is currently in a IS-day comment period, but once it is approved, the Chula Vista City Council could also approve the code. The implementation of the thula Vista Green Building Standards could occur as soon as municipal codes are amended and adequate notice is given to the public. The fact that the implementation and enforcement process for building new structures is already in place shortens the recommendation's implementation. Findings of Fact would need to be filed with the BSC. Authoring and creation of fliers (builder, homeowner, building operator and carbon reduction checklist) could be done by staff or outsourced, depending on capabilities and time. In addition, Planning and Building Department staff will need to be trained on CGBC, the Chula Vista Carbon Reduction Checklist, 2008 Title 24 code changes and ASHRAE 62.2. CCWG Implementation Plans (As Adopted by City Council) July I, 2008 . 24 of 58 2-27 CCWG MEASURE #4: GREEN BUILDING STANDARDS Implementation Plan Timellne PROGRAM MilESTONES FebG9 ';'.dopt Community Sustainability llrovisions OC!C8 . Adopt Carbon Reduction BllnchmlOrkfE:lIl)' Green 81dg Code MayG9 . Pre-fide ~lalf&indu5tl')' Irainingor'lT24 July 09 .Implemenl New nUe 24 June '08 Jan '09 April 09' . .-1.dopt ~nhanced T24 fori,1J9 effective date' July '09 Sept 08 . Diitribule Green Building Awareness.\Aaterials Dee 08 . FHa requllst 10 adopt Green 81ag Standard JUnElll9 . Potential AS 32 compliance 'Undala fae schedule to ;9118CI 3dditiona!.oC & Insp workload BUDGET & FINAt"lCING Cost for carrying out the four main implementation components vary by component and are outlined below. Final costs and budget implications will need to be determined and presented as the various program components are finalized and returned for Council action. Building Carbon Reduction Benchmark Program- The Building Carbon Reduction Benchmark Program does not require additional field inspections by Chula Vista inspectors so additional staff should not be necessary. Inspection criteria and documentation, however, will expand requiring more time per project. Information dissemination can occur in printed form at the permit counter, vendor and material outlets, and professional meetings. Information can also be distributed on the City website. Early Green Building Code Adoption- Staff will be working with our consultant, ConSol, to identifY associated costs and will return those to Council when available. Green Awareness Program- Staffing at 15% of a Building Inspector III: $22,500 annually Outreach and awareness publications: $15,000 annually CCWO Implementation Plans (As Adopted by City Council) July 1,2008 25 of 58 2-28 The City currently has a grant application in under the 2009-11 SDG&E Partnership Program funding cycle to cover these costs, and should hear back by July 2008 if we are successful. Policy Guidelines and Regulatory Amendments- The Planning Division staffing cost estimate for implementation of the "Policy Guidelines and Regulatory Amendments" is approximately $75,000. An additional $2,500 will be needed for publications of revised documents, bringing the total one time budget cost to $77,500. CCWG #4 - Green Building Standards - Budget City Staff $15,000 $280,000 Consuiting Services $25,000 $20,000 Carbon Reduction Marketing $20,000 $5,000 Benchmark Program Other Commodities $15,000 $4,000 TOTAL $75,000 $309,000 City Staff $15,000 $280,000 Early Green Buiiding Other Commodities $15,000 $5,000 Code Adoption TOTAL $30,000 $285,000 City Staff $22,500 $22,500 Green Awareness Marketing $20,000 $15,000 Program Other Commodities $10,000 $5,000 TOTAL $52,500 I $42,500 City Staff $75,000 $10,000 Policy Guidelines & Regulatory Other Commodities $2,500 $1,000 Amendments TOTAL $77,500 $11,000 TOTAL $235,000 $647,500 CCWG Implementation Plans (As Adopted by City Council) July 1,2008 26 of 58 2-29 MEASURE #5: SOLAR & ENERGY EFFICIENCY CONVERSION OVERVIEW The City ofChula Vista Climate Change Working Group's (CCWG) recommendation #5 urges the City to facilitate widespread installation of solar photo voltaic (PV) systems, thermal solar (hot water) and other non fossil fuel-based renewable energy options on commercial, residential and municipal facilities by developing and implementing a renewable energy conversion program. As proposed, the "Solar & Energy Efficiency Conversion" (SEEC) program is intended to help the average residential and commercial consumer overcome institutional barriers, upfront capital costs and time constraints to installing renewable energy, water conservation and energy efficiency upgrades. The program provides participants a cost- effective, less time-consuming installation and financing option for upgrading their homes and facilities, while creating a sustainable economic stimulus and job creation program for Chula Vista. The program's primary components include (1) IdentifYing the energy and water upgrades that help reduce ratepayers monthly costs, (2) Executing a competitive bid process that identifies participating contractors and establishes maximum prices and minimum warranty and service standards, (3) aggregating participants geographically to harness their collective purchasing authority and maximize the potential for installation efficiency and savings, (4) Establishing voluntarv special assessment districts to provide participants with a financing option to fund their improvements, (5) Linking local vocational job training in energy and water conservation with focused business recruitment and (6) Updating municipal codes to encourage renewable energy and conservation product installations and to remove institutional barriers. The proposed program is graphically summarized below: CCWG MEASURE #5: SOLAR & ENERGY EFFICIENCY CONVERSION Implementation Plan Summary Solar & Energy Efficiency Conversions (SEEC) . Provide cost.effecti've in'St3l1ation '3nd financing opolJltUnities for resident:: and businesses imsrasted in energy efficiency 3nd solar energy retrorits while creating an economic stimulus lor the community . Promote the future installation at solar energy systems through revisicns to t11e municipBI code I J.- J.- -c- ~ ~ Aggregation BIccJ<.s Assessment VccauonaJ Training Munlo/pal Energy & IdentitY Energy Upgrades Districts & Job Creation Water Cedes o Identify energy Jnd water .Particip3n~areableta . 'Nith Southv..estem College .Upd3te'SolarHotW3ter uj:grades and porentia! energy finance SEEC retrofits Jnd loc-al high school district, Pre-PIl.lmbing" code to 'led cost savings thrcu!1havaluntaryfee link vocational !mining with specmCitfabOlJtorfent3tlOn assessmentv.t'iich is added !:)rogram implementation & siting C-ompetltive Bid Process to propeltytaxrolls - Use program as leverage -Create "Solar Electric -Initiate a bid process to qualify - Assessment lee is tax to recruit contractors, Pre-Wiring" code to contractors deductible lor participants equipment vendors & promotefutLlreinstallation - Ensure proper warr.mt)' & and retrolits do QQ!;tru]Qer a manufaCUJringfaciJitiesto - Update Municioal & Coumypropertytax ChulaVista Zaning cedes to reflect liability coverage reappraisal - Streamline permitting and solar requirements incer.tive application process Aggregate Parlicipants -Gecgraphically aggregate to further lower c~st; -Ensure eqllitabie apportlmities for all iilterested consumers . CCWG Implementation Plans (As Adopted by City Council) July 1,2008 27 of 58 2-30 IMPLEMENT AnON The Department of Conservation & Environmental Services (CES) will administer the SEEC Aggregation Blocks, Assessment Districts and Vocational Training/Job Creation components with support from the Finance Department, Office of Budget & Analysis and Office of Economic Development. CES will also work with Planning & Building Department to update Title 20 Energy Conservation and Title 9.7 Water Conservation as well as related sections of the City's Municipal Code. The implementation process for each component is outlined below: Aggregation Blocks The proposed program will geographically aggregate home and business owners who voluntarily choose to retrofit their homes and businesses ,with ,energy and water efficiency upgrades and/or install solar photovoltaic (electric) and solar hot water systems. By combining energy and water efficiency upgrade options with solar panel installation, the consumer will be presented with options that minimize their total project cost, maximize their monthly savings and emphasize a balance of greenhouse gas (OHO) reductions and lifestyle choices (Appendix 0). Aggregating block areas will also allow staff to naturally phase the program into the community on a block- by-block basis and to adaptively manage its implementation. CES will implement an open and competitive bid process to identifY contractors, who understand the required local installation standards and are committed to assisting staff market the energy/water efficiency upgrades and renewable energy systems to interested property owners. Although the contract for installation work will be between the property owner and the City- qualified contractor, the City will be able to add additional value to consumers by negotiating a lower cost for equipment and installation, establishing minimum installation warranty, service and liability standards, streamlining the contract, rebate application and permit process and saving consumers the time associated with researching, analyzing and executing these phases of their projects. Staff will work closely with the City Attorney's Office in establishing the specialized contractor bid process or similar approach and staff anticipates that participating contractors will be qualified through a 3rd party program such as the California Center for Sustainable Energy, California Energy Commission, US Department of Energy and US Environmental Protection Agency. Initially, participating contractors would be assigned to a limited geographic area. Contractors, who demonstrate high levels of service quality, customer outreach and' warranty support and successfully meet the performance standards outlined in the competitive bid process, will be permitted to expand into other geographic areas. Staff hopes to ensure that all geographic and socio-economic sectors of the City receive equitable access to the program. The City will also use aggregation to provide an incentive to ensure that equipment, materials and supplies are purchased from a Chula Vista business that provides comprehensive warranty and service for their supplies and equipment. Additionally, the City will use the competitive bid process to help connect employers with the local vocational education program to foster growth in a new sector of "clean technology" jobs and further reduce the program's carbon footprint by facilitating the use of local labor. Assessment Districts The City will offer participating property owners the option of financing the energy and water efficiency and renewable energy upgrades through a voluntary fee assessment. Participating CCWG Implementation Plans (As Adopted by City Council) July 1. 2008 28 of 58 2-31 property owners would add the costs of investing in energy and water improvements to their property's tax roll (see Budget & Financing section for discussion of general bond issuance). These costs will be paid back over time through semi-annual tax payments and can be structured to be offset by the energy 'and water savings generated by the improvements chosen by the participant. This process is designed to overcome the barrier of upfront costs for installing renewable energy technologies which many industry experts and regulators have identified as a significant barrier to broad renewable energy adoption. Participants would also have the option of participating in the aggtegation process and funding the improvements on their own. According to the County Tax Assessor, the energy and water efficiency upgrades and renewable energy installations proposed by the progtam will not trigger a property tax re-appraisal. Vocational Training & Job Creation In coordination with Southwestern College and the local high school district, staff will link vocational training opportunities with the program's implementation. Specifically, contractors qualified by the City to perform energy efficient upgrades and solar energy installations (as part of the SEEC Aggregation Blocks) will be encouraged to hire new employees from the vocational education program as the program matures and produces qualified graduates. Staff will work with the vocational education progtam, local contractors and local suppliers to establish incentives in the bid and marketing assignment process to establish incentives for local hiring. Staff will use the SEEC program as an economic stimulus and business recruitment tool for Chula Vista. As previously mentioned, contractors qualified by the City to perform installations will be required to purchase related program materials and equipment through a Chula Vista- licensed business. Staff will use the SEEC progtam as leverage to recruit solar and energy efficient equipment installers, distributors and manufacturers to establish a "clean technology" business division within Chula Vista. In addition to generating employment opportunities and sales tax revenues, the new business's proximity could lo\ver overall equipment, installation and transportation costs and GHG impacts for SEEC program participants. Once the size of the Chula Vista and regional market potential is established, staff will re-contact renewable energy and water energy product manufacturers and suppliers about establishing manufacturing and assembly plants within the Chula Vista and south San Diego County area. Municioal Energv and Water Conservation Codes Chula Vista's Municipal Code (20.04.030) requires that "all new residential units shall include plumbing specifically designed to allow the later installation of a system which utilizes solar energy as the primary means of heating domestic potable water" (Appendix H). To maximize the effectiveness of the "Solar Hot Water Pre-plumbing Standard," staff will update the code to include additional language about site orientation and solar access. Staff may also need to make revisions to the City's Zoning Ordinance, accordingly. To expand opportunities for the cost- effective installation of solar energy systems in the future, City staff will also develop an amendment to the Municipal Code's Title 20 "Energy Conservation" section in order to require pre-wiring for solar photovoltaic systems in new and remodeled residential units. The code amendment will include specific guidance about site orientation and solar access. In addition, the code will complement sections of the Municipal Building and Zoning Code being updated as part of CCWG Measure #4 (Green Building Standard) which will likely address passive solar building design, new solar photovoltaic installation, energy efficiency and gteen building standards being promulgated by state and local agencies. CCWG Implementation Plans (As Adopted by City Council) July 1,2008 29 of 58 2-32 PERFORc'\1ANCE METRICS The results of this program will be tracked on a project-by-project basis and summarized to identitY its "net" impact on the City's GHG emissions reduction goal. Specifically, the Solar & Energy Efficiency Conversion program's performance will be measured by a suite of metrics including the number of energy efficiency improvements, participating homeslbusinesses, solar systems installed, renewable generation kilowatts installed and the corresponding kWhlTherm savings. Staff will also work with San Diego Gas & Electric (SDG&E) and the California Center for Sustainable Energy t.o quantitY the number and amount of incentive funds solicited as a result of the program. In the current greenhouse gas inventory protocol, the community's carbon emissions are directly extrapolated from citywide energy use, which is provided in an aggregated format by SDG&E. Because the SEEC program will improve energy efficiency and/or replace grid-source energy with on-site renewable energy, it wiII lead to overall energy use reductions in existing individual homes and businesses that participate in the program. Because the program is voluntary and incentive driven, its final impact on citywide "net" GHG emission reductions will depend on the level of community participation and the effectiveness of other CCWG Measures (such as the Green Building Standard) to ensure that future growth is carbon neutral. TIMELINE Prior to enrolling interested property owners into the program, components #1 (Aggregation Blocks) and #2 (Assessment Districts) would first require establishment of financing mechanisms and a contractor bid process which is estimated to occur in summer 2009. Component #3 (Vocational Training) would be integrated as the program is launched and implemented. Local educators have estimated that it would take 2-3 years to establish a curriculum and matriculate the first class of qualified energy efficiency/solar apprentices. Finally, refining the current solar hot water standard and c'reating a solar electric pre-wiring code (component #4) would take approximately 3-6 months and would require the necessary public notice periods and public readings before Council action. The program's time line is below: CCWG MEASURE #i;: SOLAR & ENERGY EFFICIENCY CONVERSION Implementation Plan Timellne PROGRAM MILESTONES .lm Wm '" . Develop gUides ror Solar PV ,ore-wiring Sept 'DB July'09 Oct '09 'Oraft,~presentto . Secure bend andior . Establi$h special C.JUI',ciISOlarcwde local lee Jut/'lOrityfar reY1stcns nnanClng asseszmentdistricts . . I I . 1.08 I I T I June '09 June June '08 Aug'09 Sept '09 olement Solar Hot .Irutiatecontrdctor 'Hlre8.tralnsctf arprs-plumbing bid process: . Develop ~rogram 1.:Jrement materials '10 JUT CCWG Implementation Plans (As Adopted by City Council) July I, 2008 300f58 2-33 BUDGET & FlNAc'\[CING The SEEC program's implementation cost (exclusive of energy efficiency and solar energy equipment and installation) is estimated to be $347,800 per year in staffing, supplies and services. An additional $75,000 may also be needed initially to provide resources to update and create the aforementioned energy-related municipal codes. This program cost assumes full funding of all seven CCWG measures and will leverage each measure's budget to provide partial cost sharing of staff time and program materials. For example, staff enrolling homes and businesses in the Solar & Energy Efficiency Conversion program will also promote the Turf Lawn Conversion (CCWG Measure #7) program to property owners leading to lower implementation costs for each program and increased program participation. A portion of each measure's budget will also partially cover overall administrative and performance tracking costs associated with the City's climate protection efforts. The program's budget is outlined below: CCWG #5 - Solar & Energy Efficiency Conversion Program - Budget City Staff $219,000 SEEC Aggregation Blocks, Assessment Districts & Vocational Training' Interns $49,000 Marketing $50,000 Other Commodities" $29,800 TOTAL $347,800 City Staff $70,000 ----. Municipal Energy Codes Other Commodities $5,000 ---- TOTAL $75,000 ---- TOTAL $75,000 $347,800 *Assumes cost sharing between CCWG Measures #3, 5 & 7 for staff time & program materials **Budget does not include capital costs for solar & energy efficiency improvements (dependent on participation levels) To fund the program, staff is recommending that a combination of bond and local "fee authority" funding be pursued. The bond would be used to cover the initial capital costs associated with energy efficiency and solar retrofits for public/private facilities and will allow this measure to establish an economy of scale that can maximize the benefits of aggregated and competitive purchasing to reduce consumer and City costs. A fee authority would provide long-term, sustainable funding for the program to supplement the initial bond authority and provide a complementary revenue source to fund a portion of the costs for transitioning to on-site renewable energy at City facilities. Both funding mechanisms will also be complemented by local, state and federal rebates, tax incentives and credits. In addition, carbon emissions CCWG Implementation Plans (As Adopted by City Council) July 1,2008 31 of 58 2-34 mitigation or offset fees being developed through CCWG Measure #4 (Green Building Standard) could be applied to the SEEC program to subsidize energy efficiency and renewable energy upgrades at municipal facilities or within existing building stock preferably targeting lower income families and service institutions (such as low income housing, shelters etc.) CCWO Implementation Plans (As Adopted by City Council) July 1, 2008 32 of 58 2-35 MEASURE #6: SMART GROWTH AROUND TROLLEY ST A nONS OVERVIEW The City of Chula Vista Climate Change Working Group's (CCWG) recommendation #6 states that the City should "facilitate 'smart growth' around the H St., E St. and Palomar St. troney stations." This recommendation embodies the fact that smart growth lS typified by a compact, efficient and environmentany sensitive pattern of development that provides housing, employment; service uses and public facilities in a mixed-use format close to transit and other modes of alternate transportation. This improves and promotes the ability to conveniently access uses by walking and/or transit, thereby reducing automobile use and the associated burning of fossil fuels that contribute to greenhouse gas production. Transportation emissions represent approximately 48% of the Chula Vista community's carbon footprint, whereby reduction in Vehicle Miles Traveled (VMT) through promoting pedestrian and transit friendly smart growth environments, can have a meaningful effect on carbon emissions. . The staff agenda report which accompanied the Climate Change Working Group's recommendations also noted that Recommendation #6 would not require much further implementation action because mixed-use, transit-oriented land use designations, policy and zoning has already been incorporated into City planning documents for the subject areas; namely the updated General Plan (GP) and the Urban Core Specific Plan (UCSP). While those plans have been adopted, there are several work efforts necessary in order to move from those plans to facilitate the envisioned smart growth development with the E, H and Palomar St. Transit Focus Areas (TFAs). The four areas of work presented in this implementation plan include (1) implementation of the UCSP through preparation of a framework plan for redevelopment of the area around the E St. station, (2) completion of the H St. Corridor Study caned for in the General Plan to address more detailed land use and transportation, planning provisions along H St. from the trolley station east to Third Ave., (3) preparation ofSp'ecific Plans within the Southwest area, and (4) other related regional efforts to prepare design studies for needed improvements along the 1-5 corridor to serve the sites. As described further in this document, some aspects of these four efforts are included in the current Work Programs cif the involved Departments, while others will require further work program and budget authorizations by Council. IMPLEMENTATION The Planning and Building Department win primarily administer the City's Smart Growth planning and zoning efforts outlined below but will need to work, and is already working, in partnership with the City's Redevelopment Agency and Housing Authority, Engineering Department and others to develop and implement related plans, programs and projects. The implementation process for each component is outlined below: - CCWG Implementation Plans (As Adopted by City Council) July I, 2008 33 of 58 2-36 CC1I'JG MEASURE #6: SMART GROWTH AT TROLLEY STATIONS Implementation Plan Summary Urban Core Specific Plan Implementation -Prepare lrameW01k developmerrt: plan tor SlJper. block ar~s around E st. trolley :tation. ""06Iaxy~ project proposal under review for portton ot Clty corporation Yl!lrd site :roJth ot the ESt.station. -Example 2.0 viw51lzation 3cerwio under SANDAO gr~nt. Updated City General Plan (Dec. 2005) . Promotes Smart GrO'Mh snd Transit Ot1l'!nted Development around existing and future TroUey1SRTstatloos, ~nd establlshes high dem:ity :OM mixed-w:e Isnd use de$ignalkms and.suppl:lrtlve poticie:s. H Straet Conidor Study 'Fl.lnd and cood\.;ct Urban Land lnstitute(ULI) colltlborative design ctmret!:e. -Prepare !Jmendmerts to the General Plan <Hid/or UCSP lorconsideratioo ba~ed on the charrl?tte outcomes. -Complete e;(a~ie 3-D \lisu:!Il::3l:ion scenario under $.A.NDAOgrant. Soutl'lwest Specific Plan(S) . CDmplete firS'! phase of Southwest United in Action programcurrertlyundeflNtry. -Prepare W(lI'k program and bUdget for Council consideration to uneertGl< e a Sp~iflc Plsn tor the Palomar Oalewa>f TFAtc implement the GPU. Otl'ler Related Reg/ona/E.fforts . Identity and aJIocate CIt'1' match funding to comll'le1'lce l- S Cornde:' study wllh SA~(l,4,G andCaftrans. "WOrk with SANOAGIMTS to refine, design. fully fl.lr.d and ~edule trolley grade separntlon projects fer both E St. end HSL I. Urban Core Soecific Plan Implementation E Street Transit Focus Area / Galaxy ENA - The adopted General Plan identifies the area surrounding the E St. trolley station as the E St. Transit Focus Area and calls for high intensity mixed use development within the superblo"k between 1-5, F St., Woodlawn Ave. and E St. The area was subsequently zoned as part of the UCSP's UC-15 District. While much of the land area is owned by the City and NITS as part of the City's old corporation yard and trolley station site respectively, there are several other privately held parcels. Successful redevelopment as a high intensity TF A will require joint coordination and planning for matters such as infrastructure, circulation, site design, building massing, and parking. The Chula Vista Redevelopment Corporation is currently under a 120-day Exclusive Negotiating Agreement with Galaxy Commercial Holding, LLC to explore a transit-oriented development project on the City's former corporation yard ("Corp Yard") located immediately adjacent to the E Street Trolley Station. A premise of the ENA and development of the Corp Yard site is that they will create momentum and market confidence for private investment in the rest of the E Street Visitor Transit Focus Area ("TF A"). The ENA requires a Comprehensive Site Design Study to consider such factors as the City's adopted land use plans and policies, adjacent land ownerships and property interests in the subdistrict, parcel configurations, circulation and traffic patterns, environmental factors, plans for regional transportation facilities, Bayfront planning and redevelopment activities, and public input. The Study will also include proposed Floor Area Ratio ("FAR") distributions, phasing strategies and pedestrian and vehicular circulation patterns on the Property and surrounding properties within the UC-15 Subdistrict, along with site plans CCWG Implementation Plans (As Adopted by City Council) July 1,2008 34 of 58 2-37 depicting Developer's proposed development scenarios. Staff is currently working with Galaxy on the Study and their project development proposals which are due between now and mid-July 2008 when the current ENA period expires. Based on progress of the work, the Agency will then need to consider whether to extend the ENA: 2-D Visual Simulations of E Street TFA - As part .of SANDAG's Smart Growth Implementation program, the City has recently received grants for the preparation of computer visual simulation models for both the E Street TF A and the H Street Corridor. Under the grants, SANDAG's consultant Urban Advantage will prepare a computer generated visual simulation of urban redevelopment of the E St. TF A. From a chosen vantage point at E St and Woodlawn Ave., the computer simulation will depict photo- realistic phased development intensification of the area consistent with the GP and UCSP visions. The simulation will assist staff in working with the public and decision makers to better envision and understand how urban redevelopment of the site may look, particularly from the standpoint of building massing and building heights. Initial work by the consultant Urban Advantage has been completed, and staff is currently reviewing a draft of the modeling work. A final product will be available by July 2008. 2. H Street Corridor Studv Urban Land Institute Program - The December 2005 General Plan designates the H St. corridor between the H St. trolley station and Third Ave. as a Study Area. H St. serves asthe major commercial and office corridor connecting the Bayfront and the H Street TF A with the downtown Third A venue area. Considering the large property ownerships and potential for expansions and redevelopment involving the South County Court House, Scripps Hospital, Chula Vista Center, and a new hoteVconvention center on the Bay Front, H Street provides great opportunity for revitalization. While the General Plan and UCSP provided a framework, they did not provide a cohesive road map to physically and economically proceed with actual redevelopment including land assembly, parcel configuration, environmental factors, floor area ratio (FAR) distributions, circulation and traffic patterns, and plans for regional transportation facilities. In order to move development efforts forward, the Redevelopment Agency is currently pursuing sponsorship of an Urban Land Institute's (ULI) panel that will bring planning and real estate experts to Chula Vista to conduct a five-day Advisory Services Program. The Program will use a public charrette-type process to identifY and address relevant issues/challenges, and provide an implementation strategy for the revitalization of the Corridor. From staffs perspective, the process will playa key role in working to bring the community together on a workable vision for pursuing projects within the Corridor. Staff will be coming forward to the Agency on July 22, 2008 to appropriate $120,000 to fund the ULI program. If approved, the ULI program is currently anticipated to take place the week of October 12 - 17, 2008. Potential General Plan and/or UCSP amendments - Dependent upon the outcomes of the ULI program, it may be necessary to undertake revisions to the General Plan and/or UCSP to effect land use and regulatory changes to support desired redevelopment. Following the October session, staff would need approximately 45 days to develop a work program for any CCWG Implementation Plans (As Adopted by City Council) July I. 2008 350f58 2-38 potential GP and/or UCSP amendments, and could return to Council in January 2009 to present that. Dependent upon the nature and extent of the potential amendments, it could take 6 to 9 months or more to complete them, with staff returning for Planning Commission and Council public hearing consideration of amendments beginning no sooner than Fall 2009. 3-D Visual Simulations of H Street Corridor - As noted above, the City also received a SANDAG grant for consultant Urban Advantage to prepare a photo-realistic visual simulation of a redeveloped H Street corridor. Staff currently intends to tie the visualization work to completion of the ULI effort, whereby the SANDAG modeling efforts would incorporate land use and building form outputs from the ULI charretle, and provide 3-D visual imaging of the potential redevelopment of the Corridor to enhance public understanding and build support for subsequent planning and project work. Staff has already begun work with SANDAG's consultant with regard to their scanning and input of base information of existing conditions. Completion of the modeling would take place during November and December 2008. 3. Preparation of Southwest Specific Planes) With regard to the Palomar Gateway TF A, the General Plan calls for the preparation of a Specific Plan or other comprehensive zoning and design tool to carry out urban revitalization and redevelopment within the TF A which includes the Palomar' trolley station and surrounding areas. The General Plan also identified the need for Specific Plans in several additional locations within the Southwest Planning Area. While current Planning and Building Department work programs generally identify the need for these Plans, there is not available staffing, consulting and budget resources available to prepare them. The shaping of those work programs and budgets will also depenc;l on whether one overall Southwest Specific Plan is undertaken, or as staff currently envisions, the preparation of individual, smaller Specific Plans focused on particular areas such as the Palomar TF A. Southwest United in Action program priority setting - Prior to proceeding with further detail work program and budget planning for Specific Plans, staff is currently engaged in completing the first phases of the Southwest United in Action (SUA) program to gauge the range of community issues, and related community priorities. Initial community inputs on issues were solicited at a Community Convention on March 15, 2008, and staff will be holding a second Community Convention on June 21,2008, to solicit input on action items that are most important to the community, including preparation of Specific Plans. Stiff will subsequently return to Council by fall 2008 to present community priority inputs. Palomar Gateway TF A Specific Plan - Should the community identify a priority for preparation of this Specific Plan through the above SUA work, and upon subsequent direction from the City Council, staff will prepare a work program and budget for a Palomar Gateway TF A Specific Plan for review and consideration by Council. Some work towards a Specific Plan for this area (entitled the Palomar Gateway Conceptual Design Study) was prepared during the General Plan Update, and could be used to jump start the effort. If Plan preparation is identified as a community priority, and supported by Council, it would take approximately 60 days for staff to return with a work program and budget proposal. Assuming Council considers and provides direction on community priorities by the end of CCWG Implementation Plans (As Adopted by City Council) July 1,2008 36 of 58 2-39 2008, staff could return the work program for consideration by March 2009 as part of the FY09-10 budget proposals. If approved, preparation of a Specific Plan would take approximately 12-18 months and could commence after July 2009. 4. Other Related Regional Efforts There are also two major regional efforts that must be undertaken and completed in order to ultimately develop and build out the smart growth land use plans and intensities for the trolley station areas, particularly those at E St. and H St. These include undertaking the 1-5 Corridor Study with SAt'lDA0, and securing a funding program for the grade separation of the trolley crossings at E and H Streets. 1-5 Corridor Study - This Corridor Study is a needed prerequisite in the planning and design of future transportation improvements along the 1-5 corridor necessary to ultimately serve development in western Chula Vista and the Bayfront. The improvements would encompass highway travel lanes, HOV and transit, as well as reconfiguration of ramping, the bridge decks, and grade separation of the trolley crossing at E and H Streets. Considerations for one component affect the rest, and the Corridor Study serves as a mechanism to review and address the interrelationships prior to proceeding with the next phases of design. Staff began meeting almost two years ago with SANDAG regarding the scoping, cost and timing for the work, and has since developed a work program and budget with SANDAG and Caltrans. The Study has a matching component for Chula Vista. Staff has been working with Congressman Filner's office over the last year to see through legislation that was approved on June 6, 2008, that redesignated approximately $2 million in federal SAI'ETEA- LU funds to cover our matching component. SANDAG, Caltrans and City staff will now be refining the scope of work. The Corridor Study project was defined as a project in the Western CV TOlI' program approved by Council in March 2008. The 24-month Study will commence in FY08-09, with completion anticipated by I'Y 2010-11. Trolley Grade Separation funding - Grade separation of the trolley crossings at both E St. and H St. will be needed to accommodate urban development intensification in western Chula Vista by allowing traffic to access and cross 1-5 absent the current impediment of the trolley gates. This also affects the design for redevelopment at both of these IF As. Costs for the separations are estimated at $36 million for H St. and $40 million for E St. SANDAG has identified funding for approximately 50% of the costs, while 28% of the costs are identified as ultimately being funded through the WCV TDIF approved by Council in March 2008. Staff is currently working with SANDAG to make grant applications to the State for additional funding, and requires a letter of approval from the Mayor to make the application that is due by June 19, 2008. Notification of any grant awards is anticipated in Sept./Oct. 2008, and staff will report back to Council at that time. In the event that sufficient grant monies are not received, staff will need to work with the Council to identify and pursue other sources. CCWG Implementation Plans (As Adopted by City Council) July 1,2008 37 of 58 2-40 PERFORi\1At"CE METRICS Given that the items under this Implementation Measure involve proposed planning and project efforts, the performance metrics would be completion of each of the above identified planning and study components. TIMELlNE Following is an overview of milestones associated with each implementation component pursuant to the prior discussions and reflected in the accompanying time line graphic: CCWG MEASURE # 6: SMART GROWTH AROUND TROLLEY STATIONS Implementation Plan Tlmeline July 06 . Complete E St. TFA PROGRAM MILESTONES Comprehensive Design Study Nov/Oec 06 . Ccmplere initial Galaxy I Oet08 I site plan for old Corp. . Conduct UL! H St. Study -3-iJ visualization forH Yard site StreetCorTidar . Consider whether to OetOS .Mend Galaxy EN.~ . Grade separation grantnotific-;:;tion . . I j. I I r I , i T T I I I July 'O~ Sept OS Jan '09 u!y' . Start'24-month 1.5 CorridarStlJdy FY09.10 Ju>;oe Dee 08 . Prepare PalomarTFA Specific Plan . ,~eque$t to .dgency to . Council action on SVVUA fund H St. ULI StlJdy priorities 09 .JuIy08 . E St 2-0 visual simulation from SMJOAG MarOG . Warn Drogram & budget f,)r PaJom3r Gateway SP Implementation comoonent #1 - the E St. TFA Framework Plan is due to the City from Galaxy by mid-July 2008 per the current ENA. This includes their development of an initial site plan for development of the City's prior corporation yard site. Ifmore time is needed or desired, the Agency would need to extend the ENA. The 2-D visual simulation work with SANDAG will be completed by July 2008. Implementation component #2 - The request for Agency funding of the ULI Study will be brought forward on July 22, 2008. If approved, the ULI activities would be conducted during the week of October 12- I 7, 2008. Based on outcomes of the ULI efforts, any desired General Plan and/or UCSP amendments would take a minimum of approximately 6 to 9 months to complete, with the earliest hearings starting in fall 2009. Per agreements with CCWG Implementation Plans (As Adopted by City Council) July 1,2008 38 of 58 2-41 SAt'\!DAG, the 3-D visual simulations would follow the ULI work, and be completed by December 2008. Implementation component #3 - If identified as a community priority through the SUA work by August 2008, the earliest a work program and budget for a Palomar Gateway Specific Plan could be returned for Council consideration would be November 2008. If authorized, preparation of the Specific Plan would take 12 to 18 months. Assuming a January 2009 start, the earliest time for completion would be spring 2010. Implementation component #4 - Work program and funding clarifications with SANDAG for the 1-5 Corridor Study are anticipated over the next 2 months, with the Study getting underway in FY2008-09. The 24-month Study would be anticipated for completion some time in FY20 I 0-11. State grant applications for trolley grade separation funding are due June 19. Notification on grant awards is currently scheduled for Sept./Oct. 2008. BUDGET Costs associated with carrying out implementation are comprised of several components, some of which are funded and budgeted, and others which will require future budget and funding considerations as follows: Implementation component #1 Galaxy Framework Plan and Corp Yard Site Plan; privately funded. 2-D Visual Simulation; SANDAG consultant services (grant) Implementation component #2 ULI Program; $120,000 funding to be requested from Redevelopment Agency. Potential General Plan or USCP amendments; costs unknown pending outcome of ULI program. Partial Redevelopment Funding possible, otherwise will be General Fund request. 3-D Visual Simulation; SANDAG consultant services (grant) Implementation component #3 Southwest United in Action program; approved Redevelopment Agency funding. Palomar Gateway Specific Plan; estimated $250,000 for planning, $250,000 for EIR to be sought at a future date when work program and budget presented. Partial Redevelopment Agency funding possible, otherwise will be General Fund request. State law allows for reimbursement district to be formed encompassing parcels within the Specific Plan. Some grant funds may be possible, but have not yet been identified. Implementation component #4 1-5 Corridor Study; $1.987 million in federal funding approved June 6, 2008. Balance of costs by SANDAG. Trolley grade separations; City WCV TDIF to pay 28% of costs currently estimated at $18.344 million for both E and H St. Should cost estimates rise, adjustments to the WCV TDIF would be necessary. SANDAG to pay 50% of project costs. Balance of funds currently being sought via State grants. CCWG Implementation Plans (As Adopted by City Council) July 1,2008 39 of 58 2-42 CCWG #6 - Smart Growth Around Trolley Stations. Budget' UCSP Implementation E Street TOTAL ULI Program $120,000 ----- H Street Corridor GP/UCSP Amendments ---- ---- Study Simuiation -- --- TOTAL $120,000 ----. Palomar Gateway SP $250,000 ----. Southwest Specific EIR $250,000 Plans --- TOTAL $500,000 - 1-5 Corridor Study ---. ---- Other Related Trolley Grade Separations Regional Efforts" ----- .---- TOTAL ------ ----- TOTAL $620,000 . These projects' costs are necessary to implement the Council-approved General Plan & Urban Core Specific Plan and would be incurred whether or not the CCWG Implementation Plans are approved .. The City has already secured approximately $20.3 million for related regional smart growth efforts such as the 1-5 Corridor Study and the Trolley Grade Separations (E St. & H St.) CCWG Implementation Plans (As Adopted by City Council) July 1,2008 2-43 40 of 58 MEASURE #7: TURF LAWN CONVERSION OVERVIEW The City ofChula Vista Climate Change Working Group's (CCWG) recommendation #7 states that the City should "coordinate with Otay Water District, San Diego County Water Authority and the Sweetwater Authority on turf lawn conversions for commercial and residential properties." The measure was intended to help residents and businesses replace turf lawn areas with drought-tolerant plants (commonly referred to as "xeriscape" or "California-Friendly" landscaping). Pumping and treating water throughout California requires' large amounts of energy and subsequently is a major contributor to greenhouse gas emissions. The proposed outdoor water conservation program complements the local water districts' efforts and builds upon the City's existing NatureScape program. Specifically, the program's components include (I) continuation and expansion of the NatureScape program to promote water conserving and nature-friendly landscaping, (2) coupling of residential and business turf lawn replacement with the solar conversion aggregation block process (Measure #5), (3) converting select municipal facilities to low water use plantings and irrigation, and (4) updating various municipal landscape regulations and guidelines to comply with new state requirements and further promote outdoor water use efficiency. Components #1 and #2 would be voluntary and would be available to all Chula Vista residents and businesses, while Component #3 would apply only to City properties and rights-of-way. Component #4 would apply to new developments through updated municipal regulations. The proposed outdoor water conservation program is graphically summarized below: NatureScape . On-site assessment by City Sbff ;Jt no cost to evaluate whether landSCJping meet'S "Backyard \Nildliie Habiut" and water CDn:::elY.3tcn cr:tena '~dIJcationabourad.ditianal water."'avlng opportUnities and applicable incenti....es -Certified sites are provided a National Wildlife Federation yard sign and ce!'!Jfir.::ne -Demonstration sites created throughout community CCWG MEASURE #7: TURF LAWN CONVERSION Implementation Plan SUf)lmary Outdoor Water Conservation Program . Promotes the .=placement of turf lawn areas ""ith water.saving plants and irrigation sy'sIems Residential & Business Turf conversion Municipal Facilities Turf Conversion . AggregJte llameSJnd businesses Interested in replacing water-thirsty turf lawn areas (in conjunction wiltl Salar Conversion Fro~r3m - CONG M.:!asure #5) ,Cil'/initiatesa contractor bid process to ins~1I water~wise plants '3nd irrigation systems far .:!ggregatedprcperties 'PJrtlClpantscosts redl..Ced through aggregation and City em:uresproperwarrontyand purchase of plants and equipment locally . PJrticipants also. h<lVe option afretra1ittingirrteriorfaucets and toilets at reduced prices 'Conv~rttllrfla\l';'!1 areas at ."electmunicipalsitestn water-wise plants and irrigation systems . Pctemial sites incluce municipal parks, medians and puclicnghts-of-way CCWG Implementation Plans (As Adopted by City Council) July I, 2008 2-44 Landscape Regulations Update & Outreach .ReviewandevaluaDan.:lf new OWR Madej La ndsc~pe Ordinance . Update Municipal Landscape Manual & Water Conservation Plan Guidelines accordingly for Coundn=view- . Educ:;te residents, businesses, contra::tors, developers and HOAs about new landscape regul<Jtions and AB188't . Promotion of N3tureScape and Turf ConversJcn Aggregation31ocksprognms to HOA'S and their residents 41 of 58 IMPLEMENT A TION The Department of Conservation & Environmental Services will administer the NatureScape and Residential & Business Turf Conversion components, while the Planning & Building Department and Engineering Department will coordinate the update of the City's landscape regulations. In addition, the Engineering Department will coordinate the Municipal Facilities Turf Conversion. All departments will work closely together to implement outreach and marketing efforts to maximize the program's cost effectiveness. The implementation process for each component is outlined below: N atureScape Certified Properties The current NatureScape program works to promote nature-friendly gardening and landscaping throughout the community by educating property owners and "certifying" their properties. Specifically, residents and businesses that voluntarily elect to participate in the program receive, at no cost, an on-site assessment by a City staff member who reviews their landscaping for the presence of food, water and cover for wildlife and the incorporation of water-conserving features such as low water-use plants, mulching and water efficient irrigation. Staff also educates participants about possible water-saving improvements and available incentives and rebates, if applicable. Residential or business properties who successfully meet the program's criteria are certified through the National Wildlife Federation's "Backyard Wildlife Habitat" program and receive an aluminum yard sign and certificate. The current program was developed and is being implemented with the support ofOtay Water District, Sweerwater Authority, Chula Vista Garden Club, Bonita Valley Garden Club, UC Master Gardeners and the South Bay Y1v!CA Earth Service Corps. As part of CCWG Recommendation #7's implementation, the current NatureScape program would be continued and expanded through additional staff and program funding for supplies and services. The new program would reach a broader audience through comprehensive marketing efforts and produce greater water savings (and related energy savings) through increased staff technical support and program participation. The program will also engage the community through creation of water-saving garden and landscape demonstration sites at various community locations. The program would continue to collaborate closely with the local water districts to leverage resources and to increase the program's cost effectiveness adding value for participants. The program's goal is to be the community with the highest number of certified properties in the United States. Residential & Business Turf Conversions Similar to the Solar & Energy Efficiency Conversion program (Measure #5), the proposed program will aggregate existing homes and businesses who are interested in replacing portions of their turf lawn areas with water-saving plant palettes and irrigation systems. Through a competitive bid or negotiation process, a single or multiple contractors will assist City staff in enrolling interested property owners and installing more water-efficient landscaping. By aggregating the participants, the City will be able. to negotiate a lower cost (on a per square footage basis) for program participants. Staff will also be able to help reduce participants' costs by streamlining the application process for applicable incentives offered through Otay Water District, Sweerwater Authority, San CCWG Implementation Plans (As Adopted by City Council) July 1,2008 42 of 58 2-45 Diego County Water Authority and the Metropolitan Water District of Southern California. The aggregated bid process will allow the City to ensure that the contractor is using appropriate plant material and irrigation equipment purchased from a business located within Chula Vista, providing a comprehensive warranty for their supplies and services and following proper municipal landscape plan approval procedures. To further maximize water use efficiency, participating businesses and homeowners may also elect to have the contractor replace old interior water fixtures and toilets with new water- saving models (see Measure #5). This approach satisfies real estate and developer representatives' request to not use change of property ownership to trigger mandatory retrofits of indoor plumbing fixtures. Municipal Facilities Turf Conversions The proposed program aims to replace turf lawn areas at select municipal sites with water-saving plants and irrigation systems. In addition to reducing the City's water costs, the re-Iandscaped areas will further provide a public demonstration of water-conserving landscape design principles and may reduce landscape maintenance costs. Selected municipal sites would be limited to turf lawn areas which are not actively used by the public for recreation and would potentially include certain municipal buildings, park areas, medians and public rights-of-way. Landscape Regulations Update & Outreach By January 1, 2009 the Department of Water Resources (DWR) will be releasing an updated Model Landscape Ordinance, which outlines statewide water-conserving landscape design criteria. Local governments will be required to adopt the model ordinance or develop a new ordinance that is at least as effective as the statewide model ordinance by January 1,2010. The ordinance would generally apply to landscaping for all new developments over 2,500 ft2 in area and to re-Iandscaping of some existing properties (certain property types are exempt), and would base design thresholds on a maximum water allowance. Outdoor water use throughout Chula Vista is mainly regulated through the City's Landscape Manual which outlines landscaping and irrigation requirements for all public projects and certain private projects and the Water Conservation Plan Guidelines which outlines water-conserving measures that need to be integrated into Sectional Planning Area (SPA) Plans, Tentative Subdivision Maps and major development projects with at least 50 dwelling units or equivalent water demand. The proposed program would provide funding for City staff to update these existing municipal regulations to meet and potentially exceed the new statewide Model Landscape Ordinance. The updated regulations would strongly emphasize additional outdoor water savings by further minimizing turf lawn areas, using water-wise plant types and installing weather-based and low-water irrigation systems. The program component ;vill also involve actively educating Chula Vista residents, businesses and developers of the new landscape regulations. Outreach efforts will also help disseminate information about California Assembly Bill (AB) 1881 which made it CCWG Implementation Plans (As Adopted by City Council) July t, 2008 43 of 58 2-46 unlawful for homeowner associations that run common interest developments to restrict the use of low water-using plants through covenants, conditions and restrictions (CC&Rs) if the plants meet maintenance standards. Although the new law has been enacted, residents continue to face challenges in obtaining approval from HOAs for the installation of low water-use plant palettes and many HOAs remain unaware of the new legislation. Associations will be informed about AB 1881 and will also be encouraged to participate in and promote the City's water-saving programs to their residents. PERFORMANCE METRICS The program performance for all four components - NatureScape, Residential & Business Turf Conversion, Municipal Facilities Turf Conversion and Landscape Regulations Update - will be measured by a suite of metrics. The NatureScape and Residential & Business Turf Conversion components will be assessed based on the number of participants, square footage of landscaping certified/converted and the resulting estimated water savings. The Municipal Turf Conversion component will also be evaluated based on the square footage of landscaping converted and the estimated water savings. Actual water savings from program implementation may also be quantifiable through the assistance of the local water districts. The Landscape Regulations Update will be evaluated based on its incorporation of new water-conserving landscape design elements that comply with new state regulations, if approved and implemented by City Council. In relation to the City's current greenhouse gas (GHG) inventory protocol, emissions from water use (i.e. energy used to import, treat and dispose of water) are not directly quantified, rather the protocol only includes emissions from energy associated with locally pumping and treating water within municipal boundaries. However, City staff will be able to estimate the program's carbon reductions based on the California Energy Commission's kWh per gallon conversion factor currently in development. Likewise, staff is now worki.ng with the California Air Resources Board, ICLEI and the California Climate Action Registry to develop new local government GHG emissions protocols which would integrate water use into emissions estimates. TIMELINE Component #1 (NatureScape), #2 (Residential & Business Turf Conversion) and #3's (Municipal Facilities Turf Conversion) implementation could be commenced within a few months after receiving Council approval and the necessary ftmding. Finally, the Landscape Regulations Update (#4) could commence immediately, but would require evaluation of DWR's model ordinance (released on January I, 2009) before development of a City-specific standard and revisions to the Landscape Manual and the Water Conservation Plan Guidelines (estimated to take 6 months) could occur. In addition, Council action on a new landscape ordinance, if deemed necessary, would require public notice and public readings before formal adoption. The program's timeline is summarized below: CCWG Implementation Plans (As Adopted by City Council) July 1,2008 44 of 58 2-47 CCWG MEASURE #7: TURF LAWN CONVERSION Implementation Plan Tlmellne PROGRAM MilESTONES Ju July '09 Jan '09 . Present Council ne'NWater . Secure financing ior Conser'latian Plan, Landscape progr.>ms Manual & possible ordinance I I I I I I ly'08 J. '09 July '09 I )an'09 FeD '09 Mar '09 . Begin evaluation of .Initiateccntractorbid o Hire & [rain staff DlVR Madel Landscape process for corrmuni~ lor NatureScape & Ordinance lawn conversions community lawn . Commence design -:Of1VefSlon workonmunicipaltt.Jrt program COr:lverslonprojects BUDGET The annual program costs associated with the NatureScape and Residential & Business Turf Conversion components combined are $202,800. It is estimated that the Municipal Facilities Turf Conversion would cost $300,000 annually, while the Landscape Regulations Update component is estimated to cost $156,380. These cost ,estimates would cover all personnel, supplies and services. These program costs assume full funding of all seven CCWG measures and will leverage each measure's budget to partially cover administrative and performance tracking costs. While components # 1 and #2 would need funding indefinitely to maintain them, , the Landscape Regulations Update component would only continue until the ordinance was developed and possibly adopted (approximately through CY 201O)~ However, the State's proposed Model Water Conservation Ordinance includes a requirement for ongoing community water auditing generating a need for an extra Open Space Division staff person estimated at $202,350 annually. The Municipal Facilities Turf Conversion would continue only until all selected sites had been re-Iandscaped with water-saving plants and efficient irrigation systems. Implementation costs would be partially offset by available water district incentives. In addition, municipal water cost savings would average approximately $7,900 annually for every acre of turf lawn area converted to water-wise landscaping. There are potentially a variety of possible funding sources for Measure #7 including a carbon offset fee, franchise fee, local fee authority and a general obligation bond. The program's budget is outlined below: CCWG Implementation Plans (As Adopted by City Council) July 1, 2008 45 of 58 2-48 CCWG #7 - Outdoor Water Conservation Program - Budget City Staff $88,000 Intems $49,000 NatureScape, Residential & Business Marketing Turf Conversions. $20,000 Other Commodities $45,800 TOTAL $202,800 City Staff ------ $50,000 Municipal Facilities Turf Other Commodities ------ $250,000 Conversion TOTAL -~---- $300,000 Landscape Regulations City Staff $156,380 $202,350 Update TOTAL $156,380 $202,350 TOTAL $156,380 $705,150 *Assumes cost sharing between CCWG Measur~s #3, 5 & 7 for staff time & program materials CCWG Implementation Plans (As Adopted by City Council) July t, 1008 46 of 58 2-49 OVERALL PROGR~ ADMINISTRA nON FINANCING OPTIONS To fund the program, staff has identified and analyzed a variety of financing options (summarized in Table 3) to support the seven measures and their budgets estimated at $1,479,380 in one-time costs and $2,419,150 in annual costs. These budgets include costs associated with staff time, materials and contractor services to implement the programs as well as capital improvement projects. . Additional costs associated with providing upfront capital for residents and businesses to install renewable and energy-efficiency improvements (Measure #5) is not included and would be dependent on the level of community program participation, but could easily reach $50,000,000 over 5-10 years (assumes 5,000 homeslbusinesses participating at $10,000 per property). If additional funds are not secured, there would be significant implications on the level ofimplementation possible for the seven measures (Table 4). As a result, staff is recommending that the City pursue a variety of funding sources to meet both the long-term, ongoing program management costs as well as the short-term, large upfront capital improvement costs required to implement the seven measures. Sustainable, long-term funding could be secured through establishment of a "local fee authority" and/or increasing the City's energy franchise fee. A local fee authority has been granted in the past by the state legislature to enable local governments to fund environmental programs and services. For example, Chula Vista received fee authority under Assembly Bill 939 to fund municipal solid waste, recycling and household hazardous waste programs. To secure funding for the seven proposed climate-related programs, the City could engage state representatives to pursue legislation allowing fee authority for local greenhouse gas emissions reduction efforts. The City's current energy franchise fee - paid by SDG&E (and passed through to the customer) for the nonexclusive right to install and maintain equipment qn highways, streets or public rights of way - is 1.25% and 2% of citywide annual gross electricity and natural gas revenues, respectively. In 2002, the California Public Utilities Commission (CPUC) approved a SDG&E franchise fee increase for the City of San Diego of 3.53% (electricity revenues) in order to underground power lines in residential areas. Chula Vista could pursue CPUC approval to increase the City's energy franchise fees to support its greenhouse gas reduction efforts. Because a local fee authority and franchise fees are based on each individual ratepayer's consumption level, both funding mechanisms also help promote energy conservation in the community by rewarding ratepayers who consume less energy with lower fee amounts. Both potential revenue sources would be used to reimburse the City for staff time and materials costs associated with ongoing program implementation and reporting. Unlike a local fee authority or franchise fee, a public bond issued by the City and secured through increased sales tax, transient occupancy ta.'( and/or property taxes could quickly provide large, upfront capital improvement funds required to implement some of the seven measures. The bonds could have two specific applications: (I) provide capital funds for energy efficiency and solar retrofits for residential and business facilities (Measure #5) and (2) provide funds for public purpose climate-related programs such as municipal renewable energy installation, alternative fuel fleet improvements and turf conversion. Under application #1, participating property owners would elect to be part of a special assessment district and their increased property fees would be applied to the bond's debt service. Under application #2, all Chula Vista property owners would vote in a general election whether to authorize a municipal bond issuance CCWG Implementation Plans (As Adopted by City Council) July 1, 2008 47 of 58 2-50 Table 3: Summary of financing options and their applicability to the CCWG measures Building Permit Fees The City's building permit fees could be increased to cover the additional costs associated with implementing a citywide, mandatory green building standard. Carbon Offset Fee A fee for developers and builders to "offset" their carbon emissions if they are unable to meet citywide, green building standards. Franchise Fee The City's franchise fee with SOG&E for gross electricity and natural gas delivery could be increased (currently at 1.25% and 2% of citywide annual gross electricity and natural gas receipts, respectively). Grants Grant funding could be solicited from local, state and federal agencies. Local Fee Authority A fee authority would enable the City to place a local surcharge on utility bills and would require state legislature approval. Because there is a nexus between permit fee revenues and city development levels, permit fees may not provide a consistent funding source. Therefore, it may be more useful as a supplement to another long-term funding source. 4,5 These funds would be used to pay for on-the-ground energy efficiency, renewable energy and alternative fuel vehicle improvement projects. The fund could also be incorporated into the CEOA project review and mitigation process. 1,2,4, S, 7 Currently, the City of San Diego has a higher SOG&E franchise fee than Chula Vista (5.78% of electricity and 1.03% of natural gas revenues). All - Staff & Resources 1, 5, 7 - Public Improvements Grant funding is typically short-lived and project~specific (Le. not for ongoing programs). Therefore, it may be more useful as a suppiement to another long-term funding source. All Similar to how AB 939 created a fee authority for local governments to fund solid waste/recycling programs, the City could pursue local fee authority for greennouse gas emissions reduction programs. The City would need to engage local state legislators to pursue tile fee authority. AII- Staff & Resources 1, 5, 7 . Public Improvements A bond could have two possible applications: (A) Pay for financing energy efficiency & renewable energy improvements on private properties and the A ublic bond could be issued and secured through parti~jpating property ?W~ers would elect to be, part of a Asses:ment Oi~tricts: . P d I . t dl speCial assessment district to payback tile bond. S - ~taff & Private Improvements Increase sa es tax, transient occupancy ax an or (8) Through a general election, ail Chula Vista property Genera! Obligation: property tax. owners could elect to issue a bond to fund public 1,5,7. Staff & Public Improvements purpose climate change-related programs (such as municipal renewable energy and alternative fuel fleet improvements). Public Bond .Additional research IS needed to ensure that City is in compliance with Proposition 218 and applicable tax laws and assess themselves an additional fee to repay the debt service. The amortization schedule for either bond application is estimated to be between 10-15 years (solar energy systems are required by State legislation to have at least 25-year warranties). Staff is recommending that the fee assessment be structured to include solar energy system replacement costs adding extra value for program participants and ensuring an economically and environmentally sustainable future. Other potential furiding sources for the seven climate-related measures include establishing a City-controlled carbon offset fund, increasing building permit fees and applying for public grants. As part of the City's CEQA environmental review process and new Green Building Standard (Measure #4), the City could create a fee system for developers and builders to "offset" CCWG Implementation Plans (As Adopted by City Council) July t, 2008 48 of 58 2-51 their carbon emissions if they are unable to meet CEQA significance thresholds for a project's greenhouse gas emissions impacts or comply with the new citywide building standards. These funds would be used to subsidize on-the-ground energy efficiency, renewable energy and alternative fuel vehicle improvements at municipal facilities or within existing building stock preferably targeting lower income families and service institutions. Increasing building permit fees would have a more limited application and be mainly used to cover the additional costs associated with administering a citywide, mandatory green building standard. It should be noted that both CEQA reviews and permit fees are directly linked to development levels and may not provide consistent, long-term funding. Finally, grant funds could be solicited from local, state and national sources, but the funds are typically short-lived and project-specific (i.e. not for ongoing programs). Therefore, staff recommends that a carbon offset fund, increased building permit fees and public grant funds be pursued as part of the measures' financing strategy, but should be used primarily to supplement other long-term funding sources such as a local fee authority or a franchise fee increase. Table 4: Implications on program implementation if no new funds are secured Partial - Only ICLEI participation Admin. Emissions Tracking & Reporting (Generai Fund) - No 3rd party verification - No future AB32 compliance 100% Clean Vehicle Partial - Delayed implementation (Vehicie Replacement Replacement Policy for City Fleet Fund) - No biodiesel use 100% Clean Vehicle Partial - No H21CE van project 2 Replacement Policy for City, Contracted Fleet Services (General Fund) - No H2CNG bus project 3 Business Energy Assessments Full Expected - Funding only thru 12/11 (SDG&E) 4 Green Building Standard Full Expected - Funding only thru 12/11 (Permit Feesl SDG&E) 5 Solar & Energy Efficiency None - Only solar PV code creation Conversion - No community solar program 6 Smart Growth Around Trolley Partial - Delayed implementation Stations (Various) - Limited Nat~reScape program 7 Outdoor Water Conservation Partial - Delayed regulations update (General Fund) - No community turf replacement - No municipal turf replacement CCWG Implementation Plans (As Adopted by City Council) July 1, 2008 49 of 58 2-52 IMPLEMENTATION COORDINATION, EMISSIONS TRACKING & REPORTING While various departments will be responsible for implementing the specific measures (see individual implementation plans for details on departmental roles and responsibilities), the Department of Conservation & Environmental Services will coordinate overall measurement, evaluation and reporting of the seven climate protection measures and the resulting greenhouse' gas emissions reductions. The primary tool for tracking the emissions reductions will continue to be an annual, citywide greenhouse gas emissions inventory with technical assistance provided by rCLEr and the California Climate Action Registry. Staff is currently working with rCLEr, the California Air Resources Board and the California Climate Action Registry to develop a more robust emissions protocol specifically for local governments. With the new protocol, staff will be able to more accurately track and report the impacts of the seven climate protection measures. The City will also begin to participate in the verification process under the California Climate Action Registry program. Verification is performed by an approved third-party contractor to insure that the emissions data is accurate, transparent and consistent with all reporting guidelines. Participation in the California Climate Action Registry will help the City measure and manage emissions from municipal operations and facilities, while preparing Chula Vista for potential new regulations under the California Global Warming Solutions Act (AB32). Registry participation will also enable Chula Vista to document carbon reductions for consideration under any future emissions trading system. The annual cost for implementation coordination, emissions tracking and reporting is estimated to be $93,300. This cost assumes full funding for CCWG measures #3, 5 and 7 in order to partially cover these administrative and performance tracking costs. The program's annual budget is outlined below: CCWG Admin - Coordination, Tracking & Reporting - Budget City Staff $64,000 Registry Memberships $4,900 Emissions Inventory Verification $10,000 Other Commodities $14,400 TOTAL $93,300 CCWG Implementation Plans (As Adopted by City Council) July 1,2008 50 of 58 2-53 APPENDIX A - Quantity of vehicles to be replaced each year with hybrid, alternative fuel or ultra low emissions substitutes (by vehicle class) Intermediate Sedan 3 7 6 3 2 0 7 0 5 5 Full Size Sedan 0 0 2 3 0 0 0 0 0 Compact SUV 1 0 , , 0 1 4 3 2 0 0 Large SUV 0 0 0 0 2 1 0 0 0 Intermediate Pickup 4 12 5 6 7 0 14 2 0 Truck Full Size Pickup Truck 0 5 II 14 8 9 5 3 2 Full Size Crew Cab 0 0 0 2 0 1 2 3 Picku Truck Intermediate Van 0 2 0 0 0 2 I 2 Cargo Van , 3 7 0 1 3 0 0 0 Full Size Passenger Van 0 0 0 2 0 0 0 0 0 Walk-in Van 0 0 1 0 0 0 Survey Truck 0 0 0 0 0 0 0 0 0 Full Size Utility Truck 2 2 3 0 0 0 Large Utility Truck 0 0 3 0 3 0 0 0 0 Flatbed Truck 0 0 0 0 0 0 1 0 TOTAL 13 28 31 37 35 14 38 17 18 12 CCWG Implementation Plans (As Adopted by City Council) . July 1,2008 51 of 58 2-54 APPENDIX B - Incremental cost difference (in dollars) each year for replacing existing fleet vehicles with hybrid, alternative fuel or ultra low emissions substitutes (by vehicle class) ;it'~Bifli\lt:W~~J~_l~t\lIf~~;;~.,..,; >> .. ~~T'~;~~~~liII: I ,-i!iJ!!;<JI!>"i >",>,t~>>"> > '~ ..,.,. ," -'-."".,~ ,,~,.,.,..,-,,'. ,. .' .-'" ""',. Intermediate Sedan 15,000 35,000 I 30,000 15,000 lO,OOO 0 35,000 0 25,000 25,000 Full Size Sedan 0 0 10,000 15,000 5,000 0 0 0 0 0 Compact SUV 7,000 21,000 21,000 0 7,000 7,000 28,000 21,000 14,000 Large S UV 0 7,000 0 0 0 14,000 7,000 0 0 0 Intermediate Pickup 28,000 84,000 35,000 42,000 49,000 0 98,000 7,000 14,000 0 Truck Full Size Pickup 0 7,000 35,000 77,000 98,000 56,000 63,000 35,000 21,000 14,000 Truck Full Size Crew Cab 0 7,000 0 0 14,000 0 7,000 14,000 21,000 7,000 Pickun Truck Intermediate Van 0 14,000 7,000 7,000 0 0 0 14,000 7,000 14,000 Cargo Van 21,000 7,000 21,000 49,000 0 7,000 21,000 7,000 0 0 Full Size Passenger 0 0 7,000 0 14,000 0 0 0 0 0 Van Walk-in Van 0 7,000 0 7,000 7,000 7,000 0 7,000 0 0 Survey Truck 0 0 0 0 0 0 7,000 0 0 0 Full Size Utility 14,000 7,000 7,000 14,000 21,000 7,000 7,000 0 0 0 Truck Large Utility Truck 0 0 21,000 0 21,000 0 0 7,000 0 0 Flatbed Truck 0 7,000 7,000 0 0 0 0 0 7,000 0 TOTAL 85,000 182,000 201,000 247,000 222,000 98,000 252,000 119,000 116,000 74,000 CCWG Implementation Plans (As Adopted by City Council) July 1,2008 52 of 58 2-55 APPENDIX C - Conservation-focused municipal code related to businesses Municipal Code 8.23 - 8.25: Solid Waste All commercial and industrial establishments shall submit recycling tonnage documentation on an annual basis to the city's conservation coordinator, due on or before January 31st, for the previous year. Annual reporting shall be on the form promulgated by the city manager, and commence on the first. anniversary of the date set forth in the mandatory recycling implementation schedule as established in this chapter as July 1, 1993. Voluntary reporting prior to the required mandatory recycling is encouraged. (Ord. 2992 9 1,2005; Ord. 2740 9 3, 1998; Ord. 249ig 1,1992). CCWG Implementation Plans (As Adopted by City Council) July 1, 2008 53 of 58 2-56 APPENDIX D - Table A from "Architecture 2030: Meeting the 2030 Challenge through Building Codes" Table A: 2030 Challenge Interim C<>de Equivalents CODE I STANDARD COMMERCIAL RESIDENTIAL I~SHRAE 90,1-2004 30% b&low ASHRAE 189 (in progress) o Calj-fQrnia Title 24 2005 15% - 20'36 b~low~~ O~gon Energy Code's 25% be-low 30% below RES NET HERS Index 65 or Jess lED 2009 (in progress) New. EA Credit ill: 7 ;lts Renovation. EA CrlJait #1: 9pts EECC Optionl;j (prascriptivO! path) EC -154 NOT~: iable A.3,OO\fe represents '! set cf guicsiines. Each entity should i:SS8.$S its particular code 3M building ~ner~ consumption pat'ems ar.d adjust the code equivalents provided in the table ,;IS 3pprcpriato. rQrinample, these entitie~ with Bggr'es3iva GHG and ene~ reduction inltisti'le$ ma~ want to increase tha recommended percentage reductions. Entit~s with detailed information on code performance compared to :heir building stock are ~ncowrag~ '.c ~djust the perccnta~e reductions ro meat the 2030 Challen,gs targ;ets. L" Th~ City of San~ ear!:a~ established meeting the 2030 Challenge tar~t ior single-family :esid~ntial \.lnlts at 20% below iitJe 24and for hi.eh-nse residential. at 15% below ntle 24. j.. Sased on preliminary code analysis for th.. Califcmla energy ~mmission by Charles EJey of ,Architec'1Jr:31 Energy Corporation. :\."; Oregon u2partrnent ~i ;;:nergy, .Comparison oi Or"!!gon ;;:Mr,~ '"Ada 2005 & .JlSHRAE Standard 90.l-2.004", 1~ For resldentJal buildings 1J3stof the cascade Mountains, U::lS 25% below, For residential building\) we::lt of tl1e Cascades. l!se 30% bele H Green Building Initiative, ?roposoo Amarican National St.anclard 01-:2008P. to! .Alliance. 'D Sa'le E.1erg" Eneir~ Effte:entC.::des Coalition IE:::CC), Tne 30% Sclutior.'/EC.154. This option provides a methcc :"or modifying me pr~riptiv., path of the. code to meet ,jr ~~c~ed the 2030 Ch'i!lllerrge 50% reduc<Jon target. 18 New Buildings Inl:ltitute, A..1vanced Buildings Core Perfcrmance Guide with Ilnhanced measur~s. ihis option prcvic:!es d method for l1'lodlf"fing the prescriptive path of the code to meet or ~ceed the :2030 ChBJleng'3 50% ~dlJction target. CCWG Implementation Plans (As Adopted by City Council) July 1,2008 54 of 58 2-57 APPENDIX E - Draft Carbon Reduction Checklist CARBON REDUCTION CHECKLIST ~v?-- ~:8 = 'JT(O ouJL-\ ;ON!. S1J1r~~"""'!l~n~7{illg~]~j'~.?ffl&;;~~~t\);<!~:i1':i':$!!~i!tih'J;1~oiJ COffi'ANT .'IAME: COt-WAN'" ACO~ess: err(: CONTACT: STATE; ~" PHONe !!MAIL.: ~p:Rolif(;:r;IN'~9RMAfi:oWi'5~j~~t7rt1!~;~+';!~f5~1$fj)~il$l:~jfr:tJn:~~~n1~j$iTw:t?t~~~~~tt~i?:~~~:l?itF,,~ j>P:CJe;::T ADDRESS: P!l.OjEC':'rtP: U <Aol",...,rd;1/ SQUA~EFOOr,'Ci:: f'Aitr OF- OEVaO?NENT) [J ~m!O'IUm I~ ;t.<:U'7l/lt '-' SOFTWARE U URB:<;H1S 0 Pl.Ace?s 0 C:her. ., c....: CLIMATe: ZONE: c 7(.ISn:.~t...fL) o JOI.J5lb111~lt.l EMML'ilONS RffiUC110NTAR'C:!IT {pounds ~f CO,): L!SCFCO,: LS$CFCO} TOTAL OEVEl.OPMENT CREDITS (!Ot,r" ''l-It" LBSOFCO) f,E.NE'RaY,E",Fi:ciENCV::C~Di:rilli' ,- ~mTh:B~,itii;";;:.iii>;~ut\."<<#'"'m!"',";E!!I-ii~:tt;1IYi:ii~:i;'12.-"':'bt,11'flf';;-;-{4?~"1€{€';t#h'~.,",,,q,f;tttif~~$~~~n~' '. ';";W~~l\'~'..;j.:t:_~-""i;%3i~SH;>}0'--'-iq6#.1~eUM,;:r:,,"'ZONE, ,:, ", ~'f\2?yt , -,:Jf;4s;.s:;;t;itoiJ.1dtCf'lMATEZQ;NIit. '''.."t1PW~1V..q~llft't.~'J$l~''9i:W4'W' ~'~""r1P~'''',~'1q.,t!'6;l?''~'VF:-Fi~,. .;;,:,'>;:;'":~'M!';H)',,,,;t\'1;'';;l"~*'K:n;" ,t..._%>t<R(~j5t!W'~S'~'-1'.A,,;y,,~t\'R~i4L~$&}1~;,:N::l ',;;;r1k~i"h"'''9'i'ia'1" r'r'''<:$SW~t....H""u!r(EF''=,as) I:] ,-+!b"~q.ft.af::~ ; , ....lbu<<t<::-"'fCO, COO'111.QQI I , .r!1xf1~.It.QfCO: C .2Ib$/~q.fl.QfCO, I.Co.'It$tLler.Q i.J .llbwlQ.l1..ofC,?: CJ .2 IbvVl.ft cfCO, i\.J8in Atn<:: [1' .J ib~~l1..ofCO, Cl .2Jb:ll~ft.<)fCO, fl.....'1ir.At~~ [J .!lbfll<:.n..,fCO n ,1 IbJilq. f-:. of CO: .JO/.2SVlllndow U-l"ltto<'i$HGC f'i .11tJ.1i1..~fl..ofCO: LJ .J tb~/~q. :'t. 9f CO;' .9AFUE.=um:.<::c C! .ISIi).tfIq.ft.,,(CO, rl .2Ib1hq.ft.c,fCO; ,91AfUEFurn~o: ' . .lalb1ilq.flQiCO.. C .2Slla/.q.:t~fCO, I~ ~EE..~"'C CJ ,llb'If'4tt<>fCO, CJ .1 n../-.q. it. of CO, ISS~'\AC (], JS1!><"...it.ofCO~ - .2SIbd~J;fI."ICC, I&SEitAC iJ .2 Ib<l:q. iI. of CO, [J ,)lbu..q.f\.."fCO: TOTAL PI"e<<t'".ptllloO CREOITS [ToT.:ll 'K lq. It .. laS OF CO,) [Too/x 14 It .. LBS,OF CO;) il.p.;ff<.~~;:a)'@i~~~~~~~':i(e'l;::@$7ANoAAD'.1Lik:~~ii}~~~-]~~p~~.!>tt.(~~&~r~~'i:~.i1~~d~ SF"'<;llH""lint(~kajUM.rllbu'k!ITIJ) Sp"l\:CCO<lr,~t.Sollr-a:k.aTt.Jl1t.j7Ihsll<llTUl W~Ulr H~tingiS~1l kSTUld.1 t IbJ,r'l<eTU) TOTAl.. P.rio....,:mc. CIt.l:OITS {Tot;Jj x ~q. fl =,LBS OF CO,) l;To~ ~ l".il: = Ul~01" CO,) ic):~!to1(;.~~d:Qn:piili1iN'?'Jfim~*~tRCtjH.f.TE:Zq~:lii:?liHPr~~~g~~fi44Jt~i;i"MA'T;e;z6~EII0~~'efJ2€~~lM~1!~ $<)I=-- ;>.lr'Id '(NV ;tl.u:ile,J CJ; 1.~l)O IbdKW 0 1.700IbtJl(W Xli... Hct'M.c.. H= 501,... f........ CJ .1:llrs/'q.rt.?o-,1 :;<Il~rF>aor CJ 1.+OtlIlxIKW l.7r~Ilq.11.. ~q.Ft (tb.<I(CO;)" UlS OF CO.; TOTAL leS OF CO,: U .12Ib<l<q~'t.fId".l$cL>lrF:.C:ll:r " 1.4QO!bIilKW o 2.)lbd_Uj,ft. Sq.n(lb1QICO.l ~L3S0fCO; 'N~dTurbill(l KW imu.11<:d "i1.SOIlb", CCWG Implementation Plans (As Adopted by City Council) July 1,2008 55 of 58 2-58 APPENDIX F - Chula Vista Climate Zone Map err."" .'':''':::''''l!I:Z ...~r~ """"'" '<"'-= ",rr,;< C'UAV= Climate Zones Map Girl cf Chula VIS<a C,::::rn.G::!!l~r:-e ~X3,"'{ CCWG Implementation Plans (As Adopted by City Council) July 1,2008 2-59 .:.: 56 of 58 APPENDIX G - Draft Existing Building Efficiency Retrofit Options Tier 1: Minimum Renuirements Cost Notes Insulation, Envelope Sealing/Duct Seaiing/Duct Design, Ventilation (Attic Weatherization' , $7,000 Fan, House Fan, Ceiiina Fans), Doors Attic Insulationl?1l $99/so ft $80 $0.99 oer souare foot ' ENERGY STAR Refrioerator(<550 kWh) $1,500 Low Flow Faucets/Showers $30 $10 faucet, $20 showerhead Dual/Low Flow Toilets $250 $250 oer unit Proorammable Thermostat $50 Waterless Urinal $350 Variable Freouencv or Dual Saeed Pool Motor $250 Indoor CFL or LED Eauivalent $40 Outdoor CFL or LED Eouivalent $40 Total $9,590 !!Hl~"""fli!iil""-i'!iJ!~~'iiIF ~"C"'"'lt1!ijf,;'~. """"~"'I\\"l1l\\"~Jli1ji[""'JI"~""-i!ffl~li1rdi't""""~a ~'.;-__ f.:,*,"'~,_ ji'?i~~,"ij )wi.,,;fr,~ <~fiW:';j)f,,: 'I;.,W ~_~... 'I mi'- ,,,-,,,"""-'~L~ ' ,-:.s\'i.~fi:t~>M:.--,.,.- ,. -~"!T':t#.l?'iC: '" l L OM .,. .', "-'\1"0,,,,,~,,. ..1':;, f;~ .m..,,,,.] 'I ,-_'~__,._ ,ill"""'.. "..,,/' ,;.; "'_"_'-~"'_! . -., "" kM'__~', .~_, "" ..n."L ',' ,li!T:...Cost ~~"'" ..""".il!ii"",,,.,i:tJi,,,,,,Notes.. ......"JI!j":;,,,,.%.. ::wler.,2.;GonchtronahO t!OnS;~0iLF""';',"1 ....'U,_,d,_ mM~. Dual Paned Windows 1I0wer) $5,000 Dishwasher $700 Front Load Clothes Washer $900 SEER 19 or above HVAC $5,000 Recirculatina Water Pump $300 Evaoo-Transniration (F=T) Water Controller $300' Tankless Water Heater $900 Turf Removal/NatureScaoe $5,000 Total $13,100 '''~~,"",1\il!1i~~~~i'~ ":~"" . " 'IAiiieri3!Benewarile~0piions~4:~~J[~~, :':fci. -,= J}os PV $42,000 Solar Thermal ater $65,000 Domestic Solar Water Heater $6,500 Total $8,000 $121,500 Rebates & bulk discounis included 2kW system $5000 + Inverter and Labor Wind (Electricl 'Federal Weatherization Assistance Program Based on 2500 sq foot residence, 2.5 bathrooms $2750 avg ccwa Implementation Plans (As Adopted by City Council) July I, 2008 57 of 58 2-60 APPENDIX H - Existing municipal code requiring solar hot water pre- plumbing on all new residential buildings Municipal Code 20.04.030: Solar Water Heater Preplumbing All new residential units shall include plumbing specifically designed to allow the later installation of a system which utilizes solar energy as the primary means of heating domestic potable water. No building permit shall be issued unless the plumbing required pursuant to this section is indicated on the building plans. Pre plumbing shall extend through the roof when the slope .of the roof is less than four inches and 12 inches and when the roof covering is of clay or concrete tile. Preplumbing pipes for domestic solar hot water heating shall be insulated. This section shall apply only to those residential dwelling units for which a building permit was applied for after the effective date of the ordinance codified in this chapter. Exception: The provisions of this chapter can be modified or waived when it can be satisfactorily demonstrated to the building official that the solar preplumbing is impractical due to shading, building orientation, construction constraints or configuration of the parcel. (Ord. 1973 S 1, 1982). CCWG Implementation Plans (As Adopted by City Council) July 1, 2008 58 of 58 2-61 ORDINA1'fCE NO. ORDINANCE OF THE CITY OF CHULA VISTA A1\fENDING CHAPTERS 20.04 AND 5.02 OF THE CHULA VISTA MlJNICIPAL CODE BY ADDING SECTIONS 20.04.025 Ai'iD 20.04.050 AND A CROSS REFERENCE IN SECTION 5.02 The City Council of the City ofChula Vista does ordain as follows: SECTION I. That Chapter 20.04 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 20.04 ENERGY CONSERVATION REGULATIONS Sections: 20.04.010 Intent and purpose of provisions. 20.04.020 Conflict with other provisions. 20.04.025 Definitions. 20.04.030 Solar water heater preplumbing. 20.04.050 Business energv assessments. 20.04.010 Intent and purpose of provisions. The conservation of energy and natural resources has been determined to be a legitimate and worthy function of the city. The' provisions of this chapter are intended to decrease dependence upon nonrenewable energy sources by encouraging and, in some instances, requiring the installation of devices, structures or materials for the conservation of energy on certain structures within the city. 20.04.020 Conflict with other provisions. Portions of this chapter which are in conflict with other sections of the municipal code are intended to be exceptions to those sections and shall take precedence over such section"s. 20.04.025 Definitions. The following words and phrases. when used in this chapter. shall be construed as defined in this section: A. "Assessment" means a written evaluation of a facilitv's energy use from buildinS! systems. appliances and office equipment. B. "EnerS!v Conservation" means reduction of enerS!v use achieved bv relying on chanS!es to behavior. C. "EnerS!v Efficiencv" means activities or proS!rams that reduce enerS!v use bv upgrading to more efficient equipment or controls. D. "Greenhouse Gas Emission" means the direct or indirect emission of one or more of the six gases identified in the Kvoto Protocol. J:\AttorneylQrdinance'>.Busirlcss::nergyOrdinance(redlinel_IO.Zl..Q8.doc 2-62 Ordinance No. Page 2 E. "Nonrenewable" means an energy resource that is not replaced or is replaced onlv verv slowlv bv natural processes. F. "Solar Water Heater" means a device that heats domestic water bv allowim! solar enerzv collectors to transfer solar heat ener!:!v to water. 20.04.030 Solar water heater preplumbing. All new residential units shall include plumbing specifically designed to allow the later installation of a system which utilizes solar energy as the primary means of heating domestic potable water. No building permit shall be issued unless the plumbing required pursuant to this section is indicated on the building plans. Preplumbing shall extend through the roof when the slope of the roof is less than four inches and 12 inches and when the roof covering is of clay or concrete tile. Preplumbing pipes for domestic solar hot water heating shall be insulated. This section shall apply only to those residential dwelling units for which a building permit was applied for after the effective date of the ordinance codified in this chapter. Exception: The provisions of this chapter can be modified or waived when it can be satisfactorily demonstrated to the building ofticial that the solar preplumbing is impractical due to shading, building orientation, construction constraints or configuration of the parcel. 20.04.050 Business energv assessments. All commercial and industrial businesses in the Citv of Chula Vista are encoura!:!ed to participate in a free ener!:!V Assessment of their facilities to help themidentifv Enemv Efticiencv and Conservation opportunities that potentiallv reduce participants. reoccurrinz enerzv costs and correspondinz Greenhouse Gas Emissions. Assessments are recommended when a new business license is issued or once even three vears for an existin!:! license. Participatinz businesses are encoura!:!ed to cooperate with Citv staff or their delegate( s) bv IJroviding: I) a date and time for the Assessment convenient for the business. 2) access to their facilities for the Assessment durinz their rezular business hours. 3) authorization to review their historical ener!:!v usaze and 4) a signature and title of a facilitv mana!:!er on a completed Assessment form acknowledgin!:! that the business has received a completed Assessment and relevant information about voluntarv Ener!:!v Efficiencv improvement opportunities. The owner of a multi-tenant commercial buildinz or their desiznee (propertv ma..llager) mav. at their discretion. authorize a whole. building Assessment replacinz the need for individual tenant Assessments. Assessment Notification Process: The Citv mav send a notice to each business at least once everv three vears in coni unction with the Citv's a..nnual business license renewal mailer providin!:! information that facilitates the schedulin!:! of an Assessment at the business's convenience. A business mav also receive a business Assessment notice whenever a new license is required such as the establishment of a new business or transfer of ovmership for an existin!:! business. J:\AttQmey\Oniina.nce\Busin~ss Energy Ordinance (redline)_IO-Zl-OS.doc 2-63 Ordinance No. Page 3 Assessment Deliverables: The Assessment findings. provided to the parTicipating business on a form established bv the Citv Manager in conjunction with the local utilitv and business representatives. mav include a chart of their historical energv consumption. an estimate of potential energy and cost savings from identified Energv Conservation and Etliciencv opportunities and an estimate of the corresponding Greenhouse Gas Emission reductions. The Assessment may also review water conservation. alternative transPorTation and other practices which the business could implement and/or promote to its employees and customers and an estimate of the resulting Greenhouse Gas Emission reductions. The Citv mav offer participants assistance with completing the applicable rebate. incentive aIld/or on-bill financing forms to facilitate the adOPtion of the identified Energv Etliciencv improvements and help reduce the business's time and cost of implementing the voluntary measures. The City may also provide contact information for the local utilitv's program statl that may further assist the business in reducing its energv costs. Exclusions: Because Energv Efficiencv is commonlv related to a facilitv's age and design. a voluntarv Energv Assessment is not recommended for new businesses occupving a commercial space which have completed one of the following: 1) been pelmined bv the Citv Building Division within the last three years for a remodel or new construction to meet the most current Citv Title 24 and above standards. 2) has been certified through a California Energv Commission- approved (or other applicable state agency) green building program or 3) has already receiyed an Assessment within the last three vears. In addition. Assessments are not necessarv for home olllces. mobile businesses and other business emities that do not have a utility gas or electric meter on' a commercial rate schedule. SECTION II. That the Cross Reference section of Chapter 5.02 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 5.02 BUSINESS LICENSES GENERALLY CROSS REFERENCE: Business Energv Assessments. see Ch. 20.04 CYMC. Charitable Solicitations, see Ch. 9.21 CVMe. Obstructing Streets, see Ch. 12.12 CYMC. Building and Construction Permits, see CYMC Title 15. SECTION III. This ordinance shall take effect and be in full force thirty days from its adoption. Presented by Approved as to form by Michael Meacham Director of Conservation & Environmental Services Bart C. Miesfeld Interim City Anorney l:lAnorney\Ordinance\Business Energy Ordinance (redline)_lO.~ I.08,doc 2-64 ORDINAt~CE NO. ORDINA..NCE OF THE CITY OF CHlJLA VISTA A..l\1ENDING CRAJ'TERS 20.04 At'ID 5.02 OF THE CHlJLA VISTA MUNICIPAL CODE BY ADDING SECTIONS 20.04.025 AND 20.04.050 AND A CROSS REFERENCE IN SECTION 5.02 The City Council of the City of Chula Vista does ordain as follows: SECTION I. That Chapter 20.04 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 20.04 ENERGY CONSERVATION REGULATIONS Sections: 20.04.010 Intent and purpose of provisions. 20.04.020 Contlict with other provisions. 20.04.025 Definitions. 20.04.030 Solar water heater preplumbing. 20.04.050 Business energy assessments. 20.04.010 Intent and purpose of provisions. The conservation of energy and natural resources has been determined to be a legitimate and worthy function of the city. The 'provisions of this chapter are intended to decrease dependence upon nonrenewable energy sources by encouraging and, in some instances, requiring the installation of devices, structures or materials for the conservation of energy on certain structures within the city. 20.04.020 Conflict with other provisions. Portions of this chapter which are in conflict with other sections of the municipal code are intended to be exceptions to those sections and shall take precedence over such sections. 20.04.025 Definitions.. The following words and phrases, when used in this chapter, shall be construed as defined in this section: A. "Assessment" means a written evaluation of a facility's energy use from building systems, appliances and office equipment. B. "Energy Conservation" means reduction of energy use achieved by relying on changes to behavior. C. "Energy Efficiency" means activities or programs that reduce energy use by upgrading to more efficient equipment or controls. D. "Greenhouse Gas Emission" means the direct or indirect emission of one or more of the six gases identified in the Kyoto Protocol. J:\AUQmeyIOrdin:mccIBusjness Energy Onii,,~nce (cle'Jn ccJ_1 O-~ I-OS.doc 2-65 Ordinance No. Page 2 E. "Nonrenewable" means an energy resource that is not replaced or is replaced only very slowly by natura! processes. F. "Solar Water Heater" means a device that heats domestic water by allowing solar energy collectors to transfer solar heai energy to water. 20.04.030 Solar water heater preplumbing. All new residential units shall include plumbing specifically designed to allow the later installation of a system which utilizes solar energy as the primary means of heating domestic potable water. No building permit shall be issued unless the plumbing required pursuant to this section is indicated on the building plans. Preplumbing shall extend through the roof when the slope of the roof is less than four inches and 12 inches and when the roof covering is of clay or concrete tile. Preplumbing pipes for domestic solar hot water heating shall be insulated. This section shall apply only to those residential dwelling units for which a building permit was applied for after the effective date of the ordinance codified in this chapter. Exception: The provisions of this chapter can be modified or waived when it can be satisfactorily demonstrated to the building official that the solar preplumbing is impractical due to shading, building orientation, construction constraims or configuration of the parcel. 20.04.050 Business energy assessments. All commercial and industrial businesses in the City of Chula Vista are encouraged to participate in a free energy Assessment of their facilities to help them identify Energy Efficiency and Conservation opportunities that potentially reduce participants' reoccurring energy costs and corresponding Greenhouse Gas Emissions. Assessments are recommended when a new business license is issued or once every three years for an existing license. Participating businesses are encouraged to cooperate with City staff or their delegate(s) by providing; 1) a date and time for the Assessment convenient for the business, 2) access to their facilities for the Assessment during their regular business hours, 3) authorization to review their historical energy usage and 4) a signature and title of a facility manager on a completed Assessment form acknowledging that the business has received a completed Assessment and relevant information about voluntary Energy Efficiency improvement opportunities. The owner of a multi-tenant commercial building or their designee (property manager) may, at their discretion, authorize a whole building Assessment replacing the need for individual tenant Assessments. Assessment Notification Process: The City may send a notice to each business at least once every three years in conjunction with the City's annual business license renewal mailer providing information that facilitates the scheduling of an Assessment at the business's convenience. A business may also receive a business Assessment notice whenever a new license is required such as the establishment of a new business or transfer of ownership for an existing business. 1:\Altomey\OrdinanceIBusincS5 En~rgyOrdillanc:(cleancc)_IO-2t-08.doc 2-66 Ordinance No. Page 3 Assessment Deliverables: The Assessment findings, provided to the participating business on a form established by the City Manager in conjunction with the local utility and business representatives, may include a chart of their historical energy consumption, an estimate of potential energy and cost savings from identified Energy Conservation and Efficiency opportunities and an estimate of the corresponding Greenhouse Gas Emission reductions. The Assessment may also review water conservation, alternative transportation and other practices which the business could implement and/or promote to its employees and. customers and an estimate of the resulting Greenhouse Gas Emission reductions. The City may offer participants assistance with completing the applicable rebate, incentive and/or on-bill financing forms to facilitate the adoption of the identified Energy Efficiency improvements and help reduce the business's time and cost of implementing the voluntary measures. The City may also provide contact information for the local utility's program staff that may further assist the business in reducing its energy costs. Exclusions: Because Energy Efficiency is commonly related to a facility's age and design, a voluntary Energy Assessment is not recommended for new businesses occupying a commercial space which have completed one of the following: I) been permitted by the City Building Division within the last three years for a remodel or new construction to meet the most current City Title 24 and. above standards, 2) has been certified through a California Energy Commission- approved (or other applicable state agency) green building program or 3) has already received an Assessment within the last three years. In addition, Assessments are not necessary for home offices,. mobile businesses and other business entities that do not have a utility gas or electric meter on a commercial rate schedule. SECTION II. That the Cross Reference section of Chapter 5.02 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 5.02 BUSINESS LICENSES GENERALLY CROSS REFERENCE: Business Energy Assessments, see Ch. 20.04 CVMe. Charitable Solicitations, see Ch. 9.21 CVMC. Obstructing Streets, see Ch. 12.12 CVivIe. Building and Construction Permits, see CYMC Title 15. SECTION III. This ordinance shall take effect and be in full force thirty days from its adoption. Presented by Approved as to form by' Michael Meacham Director of Conservation & Environmental Services ._~\ /-"'/, ( ( /1 "J .. rJ.'. JOV!-U /-:];~ ,'. t . ~"-:'''~ ,......,- ': ! '-.-,- r-~art 9. Mies e .J.(!' l\J.~lm City Attorney J:\A(lomey\Ordin3nc~\Bu.sineS5 Energy Ordinance (clean ccl_IO-}1-08.Joc 2-67 CITY COUNCIL AGENDA STATEMENT .~w~ ClIT OF ~ (HUlA VISTA '" 10/21/08, Item~ ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AL'\J AL\1ENDMENT TO THE GRANT OF EASEMENTS AL"'ID !vlAINTENA1'\JCE AGREEMENT FOR AUTO PARK NORTH TENjb[;f PARCEL MAP 03-03 DIRECTOR OF ENGINEERING f:EY INTERIM CITY lvLA,NAGER ~J SUBMITTED BY: REVIEWED BY: 4/5THS VOTE: YES 0 NO ~ SUMMARY The proposed amendment will allow and obligate Chula Vista Auto Park Association, a California non-profit mutual benefit corporation ("Association") to perpetually maintain curb inlet inserts within the public right-of-way. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section IS060(c)(2) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council adopt the resolution. BOARDS/COMiVIISSION RECOMMENDATION Not applicable. DISCUSSION Auto Park North project consists of eleven parcels per Final Parcel Map No. 19306 and has been developed as part of a planned commercial development "Project". The Association and the City entered into a Grant of Easements and Maintenance Agreement for Auto Park North Tentative Parcel Map 03-03 to establish responsibility for maintaining, repairing and replacing certain project landscaping, irrigation and hardscape improvements 3-1 ~ 10/21/08, Item~ Page 2 of2 within the public right-of-way, which was recorded on July 29, 2008 per Document # 2008- 0404553 (the "Original Agreement"). Council approved said Original Agreement on June 17, 2008, by Resolmion No. 2008-151. It is now necessary to amend the Original Agreement to include curb inlet inserts within the maintenance obligation of the Association. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property, which is the subject of this action. FISCAL IMPACT There is no impact to the General Fund. The Association has paid all fees and related costs associated with the proposed agreement. A TT ACHMENTS Attachment 1: Chula Vista Auto Park North Vicinity Map Attachment 2: Developer's Disclosure Statement Prepared by: Boushra Salem, Senior Civil Engineer, Engineering Department J:\EngineerIAGENDA\CAS2008\JIJ-2 '-08\Isf Amend 10 the Auto Park Agnnl.doc 3-2 . ATTACHMENT 1 ~ "--.....-. -----_.." . ,".d CHULA VISTA AUTO PARK NORTH [\ \ ~ i \\ \ ~"'- . wi ~p" ---.___..... ;r'j . HJ---- \~ ~-:-~-~. fr) l~ \\' ~ ~r~\~~e ,~ -'!)"' '^. \ .'ALOMAB ;::-------J.~:,":' .~ ~ \\ "." ~ . ~+~'ff.wr \ ! MAIN . .,7J.~~T ............ - .-....~ ,- VICINITY MAP NOT TO SCALE ------. 3-3 Ef(J,7L{ m~~ EPd7Y City of Chula Vista Disclosure Statement Pursuam to Council Policy 101-01, prior to any action upon matters that "ill require discretionary action by the Council, Planning Commission and all other official bodies of the Ciry, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be tiled. The following information must be disclosed: I. List the names of all persons having a fmancial interest in the properly that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. , .A<J if; ,'h4., -J.I'-,"_,t; 2. If any person' Identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a S2000 invesrment in the business (corporation/partnership) entiry. 44- 3. If any person' identified pursuant [Q (1) above is a non-proflt organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of me trust. /J!/ - 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. )lrJ;tIz ~ 5. Has any person' associated with this contract had any financial dealings with an official" of the City of Chula Vista as it relates to this contract within the past 12 months. Yes_ No-^- 3-4 City of Chula Vista Disclosure Statement If Yes, briefly describe the narute of the financial interes! the official" may have in this concract. 6. Have you made a contribution of more than S250 within the past !Welve (12) months to a current member of the Chula VeSTa City Councll? No f Yes _ If yes, which Council member? 7. Have you provided more than $340 (or an item of equivalent value) to ,an official" of the City ofChula . Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes _ No ~ If Yes, which official" and what was the nature of item provided? D'" t!-<kJ jffP( . Person is defined as: any lndividual, firm, co-pal~nership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county-, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. .. Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or comminee of the City, empioyee, or snIT members. l:\A;tomey\forms\disdoslJre ,tJ.temem }-Q~:)3 3-5 RESOLUTION NO. 2008- . RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING At'J Al\1ENTIMENT TO THE GRANT OF EASEMENTS ANTI Mi.JNiENAl'JCE AGREEMENT FOR AUTO PARK. NORTH TENTATIVE PARCEL MAP 03-03 WHEREAS, Chula Vista Auto Park Association has been developed as part of a planned commercial development and is subject to the conditions of Tentative Parcel Map 03-03; and WHEREAS, Chula Vista Auto Park Association (the "Association") and the City entered into a Grant of Easements and Maintenance Agreement for Auto Park North Tentative Parcel Map 03-03 to establish responsibility for maintaining, repairing and replacing certain project landscaping, irrigation and hardscape improvements within the public right-of-way, which was recorded on July 29, 2008, per Document #2008-0404553 (the "Original Agreement"); and WHEREAS, it is now necessary to amend the Original Agreement to include curb inlet inserts maintenance obligation to the Association. NOW, THEREFORE, BE IT RESOL VED the City Council ofthe City ofChula Vista does hereby approve the Amendment to the Original Agreement, which is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Amended Agreement for and on behalf of the City ofChula Vista. Presented by: Approved as to form by: Richard A. Hopkins Director of Engineering / H:\ENGINEER\RESOSIResos2008\/O-2/408\/st Amend to the Auto Park Agl1lt.doc 3-6 THE A TT ACHED AGREEMENT HAS BEEN REVIEWED ANTI APPROVED AS TO FORivI BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORt vIALL Y SIGNED UPON AFPROV AL BY THE CITY COUNCIL . .~ ~~" " / \ ~:\\,,_ I)t; ~-~/), ' {)p\ ~ft Mtes'fe d . '\ Interim City Attorney Dated: I (') [ OJ / () g . '( Amendment to the Grant of Easements and Maintenance Agreement for Auto Park North Tentative Parcel Map 03-03 3-7 Recording Requested by and Please Return to: City Clerk City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 This Instrument Benefits City Qnly. No Fee Required. . This S ace or Recorder's Use Only C.V. File No.: EP-274 Ai'\1ENDlVIENT TO THE GRANT OF EASElVIENTS Ai~lVUUNTENAi~CEAGREElVIENT FOR AUTO PARK NORTH TENT ATlVE PARCEL MAP 03-03 TIllS A1vIENDtvIENT TO THE GRA.l"\fT OF EASEMENTS A1"\fD i'vIAlNTENA1"\fCE AGREEtvlENT FOR AUTO PARK NORTH TENTATIVE PARCEL tvL~ 03-03 ("Amendment") is made as of this day of , 2008, by and between the CITY OF CHULA VISTA, a municipal corporation ("City'.'), and CHULA VISTA AUTO PARK ASSOClA TION, a California nonprofit mutual benefit corporation ("Association"). RECITALS A. \VHEREAS, This Amendment concerns and affects certain real property located in Chula Vista, California, more particularly described in Exhibit "A", attached hereto and incorporated herein by reference ("Property"). The Property has been developed as part of a planned commercial development project commonly known as Auto Park North. B. W'rlEREAS, The Property is covered by the certain Parcel Map No. 19306 (the "Parcel Map") described Exhibit "A", attached hereto and referenced in the title to this Agreement. C. \VHEREAS, Chula Vista Auto Park Association (the "Association") and the City entered into a Grant Of Easements And Maintenance Agreement For Auto Park North Tentative Parcel Map 03-03 to establish responsibility for maintaining, repairing and replacing certain project landscapi.ilg, irrigation and hardscape improvements within the public right-of-way, which was recorded on July 29,2008 per Document II 2008-0404553 (the "Original Agreement"); and D. WHEREAS, it is now necessary to amend the Original Agreement to include curb inlet inserts within the maintenance obligation of the Association. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Paga-i8:Jf 8 SECTION [: Replace ExhibiTS "8" and "B-1" with the Revised Exhibits "8" and "8- I," attached to this Amendment, which depict all of the public areas to be mairitained by the Association. SECTION II: Replace Exhibit "c" with the Revised Exhibit "C," attached to this Amendment, which depicts the description of maintenance responsibilities of all of the public areas to be maintained by the association. SECTION III: Except as expressly provided herein all other provisions of the Original Agreement shall remain in full force and effect. (End of Page, Next Page is Signature Page) Page 2 of 8 3-9 SIGNATURE PAGE TO THE "AMENDMENT TO THE GR-\l'IT OF EASEMENTS Al~D MAINTENAl'lCE AGREElVIENT FOR AUTO PARK NORTH TENT A TIVE PARCEL j.\1AP 03-03" fN WIThlOSS WHEREOF, City and the Association have executed this Amendment thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: ,2008 City of Chula Vista By: Cheryl Cox, City Mayor Attest: Donna Norris, Interim City Clerk Approved as to fonn: Bart Miesfeld, Interim City Attorney' Chula Vista Auto Park Association ~ By. .' ~. P,,",d i)Votllry to llt/llCh llcknowledgment for signllture.) (Corporllte Authority requiredfor Signlllory) Page 3 of8 3-10 Lists of Exhibits Exhibit A.................. .......................... ... .... ................... ............ .......... Legal Description of Property Revised Exhibits "B" & "B-1" .......................................The Association Maintained Public Areas Revised Exhibit "C"................................................... Description of Maintenance Responsibilities Page 4 of 8 3-11 EXHIBIT "A" Legal Description of Property Being Parcels I through II of Tentative Parcel Map No. 03-03 in the City of Chula Vista, County of San Diego, State of California, according to Parcel Map thereof No. 19306, filed in the Office of the CountY Recorder of San Diego County on August 26, 2003 as File No. 2003-1039780 of Official Records. Page 5 of8 3-12 REVISED EXHIBIT "B" The Association Maintained Public Areas Parcel "A" Those portions of the public parkways of Auto Park Place and Auto Park Avenue as dedicated to the City of Chula Vista per Parcel Map No. 19306, shown as Parcel "A" on Exhibit "B-1" attached hereto and made part hereof. Parcel "B" Those portions of the 5.5' Tree Planting and Landscaping Easement around Auto Park Place and Auto Park A venue as dedicated to the City of Chula Vista per Parcel Map No. 19306, shown as Parcel "B" on Exhibit "B-1" attached hereto and made part hereof. Parcel "C" Those portions of the 5.5' Tree Planting and Landscaping Easement along Main Street as dedicated to the City of Chula Vista per Final Map No. 11643, shown as Parcel "C" on Exhibit "B-1" attached hereto and made part hereof. Parcel "D" Those portions of public right-of-way of Auto Park Plafe and Auto Park A venue as dedicated to the City of Chula Vista per Parcel Map No. 19306, shown as Parcel "D" on Exhibit "B-1" attached hereto and made part hereof. Parcel "E" Those Curb Inlet filter inserts installed within Public right-of-way of Auto Park Place & Auto Park Ave (nine inserts along Auto Park Place & t\vo insertS along Auto Park Ave) shown as Parcel "E" on Exhibit "B-1" attached hereto and made part hereof. Page 6 0 f 8 3-13 \ p.=..R ], '~'R " p.'~ 5 I ,.... "" PA_,R, 6; ~ '~~ fi' , ~ " L -=~4~~-.;:;.~:' ~.~- .....d~)~'". \..,9<r ..c:::::...-,.p.-"_'-'-"-- - ~-- J - iILa6' --"",,-- fl'i::;. _:...C'.&;~;;-- ~ ~.=-:..:-.'~::--:__-_' .~ PL- ..,;; J~ If!:;,.JI< r ~ ....."'::-i.,:..>-':" "- -' . -.c-..-~- ~--'~--~-;'-:-f::':r~~ '+.._..:r6 A,q ~..,.-~~:;;; --S.O, . ::L31 . ." ?~.R -;. PAR !! p,t 'A:t- !:> .I I~' :t'.,l"~ ~ ",:.1 i --____ .yr I rtll J ~~ H [1;; v" P.I:I czr I '\ -..:t::~t ~ ~n' 1 hi t( r 1~ (. J "ij H -j~;:' ;,', .:;. '=' ~':J ,.1';" jO~I' J-- ,. . .. ::l" <C \; , , I' ~ ~,~?-: 2 jl)"',l&' , ~'o ., .ii il'"' )t.C ?,IlrR , REVISED EXHIBIT "B-1" .,-....><....<;-0::;:><.,.; ,.C.J.i:~ ::=ARhJ ,,:::;-,;5. L. -t. lV1.AJN STREET p. .~, 1 Parcel "A" 17.:.,."...~..,:r."I Parcel "B" W'7//~1 Parcel ''"C'' ~~"'O:;:,Y~~1 Parcel "D" F-='"':o."':;;-p;ji Parcel "E" m flJ t-...j"T, S Page 7 01'8 3-14 ~AR "'( 1~~.."7<il P"AH 11 .' 1'5'" I -~_'/:. . :,..oc _-w';.~~_-::.~;:::;;' r ~ REVISED EXHIBIT "C" Description of Maintenance Responsibilities Areas Reference Association Maintains I Parkways around Public Parcels "A" & All landscaping & irrigation improvements located Roads ( A uto Park Ave & "B" of Exhibit within the public parkways (including street trees Auto Park Place) "8" maintenance & trimming) to be maintained and replaced at a level to or berrer than the level of maintenance & replacement acceptable to the . Director of Public Works Operations. 2 Northerly parkways of Parcel "c" of All landscaping & irrigation improvements located Main Street along Exhibit "8" within the public parkways (including street trees property ti'ontage maintenance & tri~ming) to be maintained and replaced at a level to or better than the level of maintenanc.e & replacement acceptable to the Director of Public Works Operations. 3 Public right-of-way of Parcel 0" of All the enhanced paving (stamped asphalt) at Auto Park Ave & Auto Exhibit "8" crosswalkS located within the public right-of-way. Park Place I 4 Public right-of-way of Parcel "E" of Curb Inlet filter insens as approved by the City Auto Park Place & Auto Exhibit "8" (nine inserts along Auto Park Place & two inserts Park Ave along Auto Park Ave) Page 8 of 8 3-15 ACKNOWLEDGEMENT State of California County of San Diego On the 9th day of October, 2008, before me, :rL/\ie l1'li"c~ Notary Public, personally appeared HooPer- ImOu.I+"v> who proved to me on the basis of satisfactory evidence to be the person(s) whose name @tare subscribed to the within instrument and acknowledged to me tha~she/they executed the same in@her/theirauthorizedcapacity(ies), and that by @her/their signature( s) on the instrument, the person( s), onhe entity upon behalf of which the person(s) acted, executed the instnl1nent. I certify under PENAL IT OF PERJURY under the laws of the State of Cali fomi a that theforegoing paragraph is true and correct. (SEAL) WITNESS my hand and officiai seal. h..~ I Notary Public 3-16 CITY COUNCIL AGENDA STATE.MENT ~\'f::.. eln' OF 1?'~ CHULA VISTA 10/21/08, Item-1- ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VIST A AUTHORIZING THE EXECUTION Al'ID DELIVERY OF A SECOND SUPPLEMENTAL BOND INDENTURE IN CONNECTION WITH THE CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 07-1 (OTAY RANCH VILLAGE 11) 2004 S@E.TAXBONDSAl'ID2006 SPECIAL TAX BONDS DIRECTOR OF ENGINEERING DIRECTOR OF FINANC~ INTERIM CITY MAl'JAGER SUBMITTED BY: REVIEWED BY: 4/5THS VOTE: YES 0 NO ~ SUMlVL<ill.Y Community Facilities District No. 07-1 was formed to provide the financing for streets and infrastructure for Otay Ranch Village 11 or "WindingWalk" (see Figure 1). The developer, Brookfield Shea Otay, has requested that funds, previously budgeted for major roads on the perimeter of the project (roads within the Transportation Development Impact Fee program), be used for backbone roads within the project. The Second Supplemental Bond Indenture under consideration tonight will provide for this action. Staff worked with Warren Diven of Best Best and Krieger, LLP to prepare the resolutions and staffreport for this item. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed fiscal activity is not a "Project" as defined under Section l5378(b)(4) of the State CEQA Guidelines and would not result in a potentially significant physical effect on the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to .CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. 4-1 10/21/08, Item~ Page 2 of 3 DISCUSSION On November 11,2003, the City Council formed Community Facilities District No. 07-1 (CFD 07-1) for the purpose of providing for the financing and acquisition of certain authorized public facilities associated with Otay Ranch Village 11, Windingwalk. On April 20, 2004, per Resolution No. 2004-113, the City Council approved the issuance of bonds and the Acquisition/Financing Agreement (MA) for CFD 07-1 that established the procedure for acquiring authorized public facilities from Brookfield Shea Otay LLC (BSO). In 2004 the District and U.S. Bank National Association (the "Fiscal Agent") entered imo a Bond Indenture (the "Original Indenture") that provided for the issuance of the 2004 Special Tax Bonds (the "2004 Bonds"). In 2006 the Original Indenture was amended by a First Supplemental Bond Indenture that provided for the issuance of the 2004 Special Tax Bonds (the "2006 Bonds" and, together with the 2004 Bonds, the "Bonds") (the Original Indenture as amended shall be referred to as, the "Indenture"). Pursuant to Section 3.05C of the Indenture, proceeds of the 2004 Bonds and 2006 Bonds were deposited into both the Transportation Facilities Account (to pay for the acquisition of TDIF eligible facilities) and the Acquisition Account (to pay for the acquisition ofnon-TDIF eligible facilities). All of the proceeds of the Bonds originally deposited in the Acquisition Account have been used to pay for the acquisition of non- TDIF facilities. Consequently, no funds are available to pay for the acquisition of additional non- TDIF facilities that have been constructed and are eligible to be acquired with the proceeds of the Bonds. Brookfield Shea Otay has approached the City and has requested that $1,043,352 be transferred from the Transportation Facilities Account to the Acquisition Account to enable such funds to be used to acquire such additional non-TDIF facilities. Such a transfer would leave approximately $919,000 in the Transportation Facilities Account. The Indenture does not currently provide for the transfer of funds from the Transportation Facilities Account to the Acquisition Account until all TDIF facilities to be funded from the proceeds of the have been constructed. One such facility, the widening of Otay Lakes Road in front of Southwestern College, has not been constructed to date and will be constructed by the City as a Capital Improvement Project (CIP) using TDIF funds, in part provided by the developer with the issuance of each building permit, and funds on deposit in the Transportation Facilities Account. It is anticipated, however, that such construction will not be completed until January of 2011. The projected completion date of such project will result in a corresponding delay in the transfer of any remaining funds on deposit in the Transportation Facilities Account to the Acquisition Account and the availability of such funds to acquire additional non- TDIF facilities. Approval of the Second Supplemental Bond Indenture will allow for the current transfer of excess funds in the Transportation Facilities Account to the Acquisition Account to provide for the acquisition of completed non-TDIF facilities sooner by not requiring the completion of Otay Lakes Road before such funds can be transferred from the Transportation Facilities Account. 4-2 10/21/08, Item~ Page 3 of 3 This action will have no effect on the funding or the delivery schedule for the Otay Lakes Road Project. Staff recommends approval of this action because there is a large backlog of eligible, unreimbursed non-TO IF facilities that have been constructed by the developer. These facilities would be acquired by the district from the excess funds transferred from the Transportation Facilities Account to the Acquisition Account. Requirements for Approval of a Supplemental Indenture Section 5.01 of the Indenture authorizes the City Council to approve a Supplemental Indenture without the consent of the bond owners to modify, alter, amend or supplement the Indenture in any respect, which is not materially adverse to the interests of the bond owners. The excess funds on deposit in the Transportation Facilities Account may be used for the direct benefit the bond owners only after final payment for or reimbursement of all costs of acquisition of TOIF facilitles and all non-TO IF facilities eligible to be paid from the proceeds of the Bonds. The aggregate cost of the TOIF facilities and non- TO IF facilities eligible to be paid from such Bond proceeds exceeds the amount on deposit in the Transportation Facilities Account. Therefore, such funds will never become available to benefit the bond owners. For such reason, the amendment of the Indenture to authorize the current transfer of designated funds from the Transportation Facilities Account to the Acquisitions Account will not be materially adverse to the interests of the bond owners. DECISION MAKER CONFLICT Staff has reviewed the property holdings onhe City Council and has found no property holdings within 500 feet of the boundaries of the property, which is the subject of this action. FISCAL IMPACT There is no impact to the City's General Fund. Payment of the eligible non-TOIF facilities will be paid out ofCFO 07-1 Bond Proceeds. All costs associated with the processing of the Second Supplemental Bond Indenture were paid by the developer. ATTACHMENTS Figure 1: Village 11 location map Attachment 1: Second Supplemental Bond Indenture Prepared by: Tessa Quicho, Administrative Analyst II, Engineering Department Chester Bautista, Associate Engineer, Engineering Department M:\EngineerIAGENDAICAS2008Il0-2l-08ICFD 071 Bond Indenture Amendmentv3.doc 4-3 I I I ","'. '"' ",,,,,I ft. "J! """" """'" '" Ci>Ul.A \Ilfl.fA n.u~vn~ ~".'I 2Qd. BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 07-1 "BROOKFIELD SHEA OTAY VILLAGE ELEVEN" CITY OF CHULA VISTA, COUNTY OF SAN DIEGO STATE OF CALIFORNIA '" ZONE B ZONE A ASSESSOR'S PARCEL NUMBERS FOR COMMUNITY FACILITIES DISTRICT NO. 07-1 643-070-07 643-070-09 I 111fJIE.8~ ClRTIfY~)}l[ fIIClP[R1Y ~lll) 'MTIiIN mf eOOltOAAlfll (.I( N 'AClUllESDlSl'ltICl NO, 01~I.lkE CllYO"'at\.IlA~ IlllUtOlYO($AHblEGO.5T...1iQfCAUfOllHl.... WIlli AI"JIllOYEll BY al'r cow.tClL CT lHt CI1Y n: aUA illS'" AT ~'~~, . llOfor,lWJl ClInt[ ~'flAY Of .,:ro.llYIT5Il($OUJlIONft().~. BY, . __ 7'"-- .--- " CI DTatM-AWi-lA STI(QTCAUi'OllHIA tlOTf:Il[f'REHc(IS~, :,'.,..tllt:~SSf.SS(W'S "'1\1'5 Of n<E "sS{S ',-TIll: CUUNIY Of SnI llU:1;Il fOll A lifT IlESCklPilCtlUf fl101 PAlKa \\l1l~1l 1;1.[ IlWNDAA'.S Of Ul( Plll'll>OSLDCOlIWJtIlIYfllOlJlli5111STflK:I,SUCI\ "'S5~5'SOIl'S I.I""'~ !:ilAll COv(llN f~ AU 111E DErAIlS COr.lCEIlt1ltlG 5UU! t'A1lcn~ . c.--- .j:> I . .j:> ~ T't~C('lR&l[ft )0- """',, .,z=Conformed <( '" . 1 Copy '" . '" . i <( OiS1JllCTIlOUHllAllY Q I w '" . NOT A PART <( I ..J ,- ZonEllOUHOARY '" ! <( t" ! R ! I ..wm , , J &1< '1 P60~ THIS PORTION (LSJ) IS NOT INTENDED TO BE INCLUDED IN THE FINAL BOUNDAI<Y OF THE DISII<ICT. MCGILL MARTIN SELF, INC. Cil,d !'''9'1le*,-i''1I LUo'Ild f'U&nntn9 Sun.ooIj,j'ing .~ '"" S .'141 i' St....~I, SlOtl_ 100 CII.lU<l Vt::;ta, CA 9/lil0 J\;II: tWUl!5_U43 Fn:+: 6/8.425.135'1 -.""" 3oD3- <<!.JIIJZ SlICETIOfl ..,., - C) c:: :xJ m ......1\ ATTACHMENT ~ SECOND SUPPLEMENTAL BOND INDENTURE by and between CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 07-1 (OT A Y RANCH VILLAGE ELEVEN) and U.S. BANK NATIONAL ASSOCIATION, as Fiscal Agent Dated as of October 1, 2008 Re: $28,050,000 City of Chula Vista Community Facilities District No. 07-1 (Otay Ranch Village Eleven) 2004 Special Tax Bonds $16,950,000 City of Chula Vista Community Facilities District No. 07-1 (Otay Ranch Village Eleven) 2006 Special Tax Bonds 91l6/08 90i3.5 H&O: #62562 v2 4-5 SECONTI SUPPLEMENTAL BOND INDENTURE This Second Supplemental Bond Indenture, dated as of October I, 2008, is entered into by and between Community Facilities District No. 07-1 (Otay Ranch Village Eleven) (the "Dis,trict"), a community facilities district organized and existing under the laws of the State of California, and U.S. Bank National Association, as Fiscal Agent (the "Fiscal Agent"). WITNESSETH WHEREAS, the District and the Fiscal Agent are parties to that Bond Indenture, datedas of May 1,2004, as amended by a First Supplemental Bond Indenture, dated as of May 1,2006, (as supplemented, the "Indenture"), providing for the issuance and administration, of the $28,050,000 City of Chula Vista Community Facilities District No. 07-[ (Otay Ranch Village Eleven) 2004 Special Tax Bonds (the "2004 Bonds") and the $16,950,000 City ofChula Vista Community Facilities District No. 07-1 (Otay Ranch Village Eleven) 2006 Special Tax' Bonds (the "2006 Bonds" and collectively with the 2004 Bonds, the "Bonds"), which Bonds were issued to finance the acquisition or construction of certain public facilities, including but not limited to Traffic Facilities (as such term is defined in the Indenture), that were required to serve the development within the District; and WHEREAS, pursuant to the provisions of the Indenture, $9,531,884 of the proceeds of the 2004 Bonds and $9,341,013 of the proceeds of the 2006 Bonds were deposited in the Transportation Facilities Account of the Project Fund established pursuant to the provisions of the Indenture for the purpose of paying Transportation Fa,cilities Costs (as such term is defined in the Indenture); and WHEREAS, the above identified proceeds of the Bonds were deposited in the Transportation Facilities Account pursuant to the provisions of the AcquisitionlFinancing Agreement, dated as of April 20, 2004 (the "Acquisition Agreement"), by and between the City of Chula Vista (the "City"), the District, Brookfield Shea Otay, LLC (the "Developer"), Otay R2/3 LLC, Otay MFI LLC, Otay R7/10 LLC and Shea Homes Limited Partnership (collectively, the "Merchant Builders") to establish the terms and conditions pursuant to which acquisition or construction of the Improvements (as defined in the Acquisition Agreement), including the Traffic'Facilities, would be financed from the proceeds of the Bonds; and WHEREAS, the Transportation Facilities were facilities that are otherwise eligible to be financed through the City's Traffic Development Impact Fee Program ("TDIF") set forth in Chapter 3.54 of the Chula Vista Municipal Code; and WHEREAS, the Developer had requested and the Acquisition Agreement provides that the Developer or the Merchant Builders receive a credit against the development impact fee obligation for the development with the District to the extent that the bond proceeds deposited into the Transportation Facilities Account are used to finance the acquisition or construction of Traffic Facilities (defined in the Indenture as "Transportation Facilities Costs"); and WHEREAS, the Indenture also provided for the deposit of other proceeds of the Bonds in the Acquisition Account of the Project Fund for the purpose of paying all expenses of and 9116/08 9073.5 H&O: #62562 v2 4-6 incidental to the construction, acquisition or both of the public improvements described in the Acquisition Agreement excluding therefrom the Traffic Facilities and certain other specifically identified public improvements (defined in the Indenture as "Project Costs"); and WHEREAS, all of the funds on deposit on the Acquisition Account have been disbursed to pay Project Costs and the City has received requests for the payment of additional Project Costs in the amount of $2,905,085 which the City has determined are eligible to be paid from Acquisition Account if there are funds available for such purpose; and WHEREAS, there remains on deposit in the Traffic Facilities Account the amount of $1,963,089 that may, pursuant to the provisions of Section 3.05C of the Indenture, be used only to pay Transportation Facilities Costs until either (a) all funds on deposit in the Transportation Facilities Account have been used to pay such Transportation Facilities Costs or (b) the final payment or reimbursement of all Transportation Facilities Costs to be funded from the proceeds of the Bonds has been made, in which case any such funds remaining on deposit in the Transportation Facilities Account may be transferred to the Acquisition Account and used to pay Project Costs (as defined in the Indenture); and WHEREAS, the Developer has requested that $1,043,352 of the funds on deposit in the Traffic Facilities Account (the "Transfer Funds") be transferred from such account to the Acquisition Account so that such funds may be used to pay Project Costs; and WHEREAS, because the final payment or reimbursement of all Traffic Facilities Costs to be funded from the proceeds of the Bonds has not been made and will not be made in the foreseeable future, the provisions of Section 3.05C of t!:\e Indenture prohibit the current transfer of the funds as requested without amending the provisions thereof to permit such a transfer; and WHEREAS, Section 5.01 of the Indenture authorizes the City Council, by adoption ofa resolution in its capacity as the legislative body of the District, to approve a Supplemental Indenture to modify, alter, amend or supplement the Indenture in any respect which is not materially adverse to the interests of the Bondowners; and WHEREAS, the City Council has determined that the amendment of the Indenture to authorize the transfer of the Transfer Funds from the Traffic Facilities Account to the Acquisition Account will not be materially adverse to the interests of the Bondowners; and WHEREAS, the District and the Fiscal Agent desire to amend' the Indenture as provided herein. 9/16/08 9073.5 H&O: #62562 v2 2 4-7 ARTICLE I DEFINITION AND INTERPRETATION Section 1.1 Defmitions. Unless specifically defined herein, words and terms used herein with initial letters capitalized have the meanings given to them in the Indenture. Except as provided below, the definitions of words and terms set forth in the Indenture are applicable for all purposes of this Second Supplemental Indenture. If a word or term used herein and in the Indenture with initial letters capitalized is defined in both herein and in the Indenture, the definition contained herein shall amend and supersede the definition contained in the Indenture. Section 1.2 Conflict of Terms. If there is any conflict between the terms of this Second Supplemental Indenture and the terms of the Indenture, the terms of this Second Supplemental Indenture shall control. Except as expressly amended by this Second Supplemental Indenture, however, the terms of the Indenture shall remain in full force and effect. ARTICLE II AMENDMENTS Section 2.1 Amendment of the Indenture. Effective immediately upon the execution of this Second Supplemental Indenture, the provisions of the Indenture shall be amended as provided for in this Article II. Section 2.2 Amendment of Section 3.0SE. The second paragraph of Section 3.05E is hereby amended to read as follows: "In addition to transfers made pursuant to subsections A., B. and C. above, the Fiscal Agent shall, from time to time and as directed by the District by written instruction from an Authorized Representative given pursuant to or consistent with the Acquisition/Financing Agreement, transfer such funds as are specified in such written instruction between the Traffic Enhancement Improvement Account and the Acquisition Account, between the Acquisition Account and the Traffic Enhancement Improvement Account or between the Traffic Facilities Account and the Acquisition Account established for each series of the Bonds." 9116/08 9073.5 H&O: #62562 v2 , J 4-8 ARTICLE III MISCELLAt'lEOUS Section 3.1 Counterparts. This Second Supplemental Indenture may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 3.2 Fiscal Agent's Consent. By its execution hereof, the District is authorizing and directing the Fiscal Agent to consent to the amendments to and modifications of the Indenture made by this Second Supplemental Indenture and acknowledges that all requirements for the amendment and supplement of the Indenture have been satisfied in accordance with the Indenture. By its execution hereof, the Fiscal Agent consents to the amendments to and modifications of the Indenture made by this Second Supplemental Indenture. Section 3.3 Conditions to Effectiveness. This Second Supplemental Indenture shall be effective up the fulfillment of the following conditions: (a) The Fiscal Agent shall have received from Best Best & Krieger LLP, as Bond Counsel, an opinion to the effect that the Second Supplemental Indenture is authorized under the Act and by proper action of the District and that execution and delivery of the Second Supplemental Indenture will not adversely affect the exclusion of interest on any Bond from gross income for Federal income tax purposes. (b) The Fiscal Agent shall have received a form of certificate of the District executed by an Authorized Representative certifying that the District has determined that the execution and delivery of the Second Supplemental Indenture will not amend the Indenture in any respect that is materially adverse to the interests of the Bondowners. Section 3.4 Effective Date. This Second Supplemental Indenture shall take effect immediately upon execution by the District and the Fiscal Agent and the fulfillment of the conditions set forth in Section 3.03. [Remainder of this page intentionally left blank.] 91! 6108 9073.; H&O: #62562 v2 4 4-9 IN WITNESS WHEREOF, the Djstrict and the Fiscal Agent have executed Ibis Bond Indenture effective the date first above written. COMMUNITY FACILITIES DISTRICT NO. 7-1 (OTA Y RANCH VILLAGE ELEVEN) By: Name: Title: Director of Finance U.S. BANK NATIONAL ASSOCL<\ TION, as Fiscal Agent By: Name: Title: Authoriied Officer 9/16/08 9073.5 H&O: #62562 v2 5 4-10 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE EXECUTION AND DELIVERY OF A SECOND SUPPLEMENTAL BOND INDENTURE IN CONNECTION WITH THE CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 07-I (OTAY RANCH VILLAGE II) 2004 SPECIAL TAX BONDS AND 2006 SPECIAL TAX BONDS WHEREAS, the City ofChula Vista Community Facilities District No. 07-1 (Otay Ranch Village Eleven) (the "District") has previously issued its $28,050,000 - 2004 Special Tax Bonds and its $16,950,000 - 2006 Special Tax Bonds (collectively, the "Bonds") to provide for the financing of the acquisition or construction of certain public improvements relating to a residential project located in the City of Chula Vista known as Otay Ranch Village Eleven (the "Project"); and WHEREAS, in connection with such financings, the District and U.S. Bank National Association (the "Fiscal Agen!") entered into that certain Bond Indenture dated as of May I, 2004, as amended by a First Supplemental Bond Indenture dated as of May I, 2006 (as supplemented, the "Indenture"); and WHEREAS, pursuant to the provisions of the Indenture, $9,531,884 of the proceeds of the 2004 Bonds and $9,341,0/3 of the proceeds of the 2006 Bonds were deposited in the Transportation Facilities Accounts of the Project Fund established pursuant to the provisions of the Indenture for the purpose of paying Transportation Facilities Costs (as such term is defined in the Indenture); and WHEREAS, the above identified proceeds of the Bonds were deposited in the Transportation Facilities Accounts pursuant to the provisions of the Acquisition/Financing Agreement, dated as of April 20, 2004 (the "Acquisition Agreement"), by and between the City of Chula Vista (the "City"), the District, Brookfield Shea Otay, LLC (the "Developer"), Otay R2/3 LLC, Otay MFI LLC, Otay RillO LLC and Shea Homes Limited Partnership (collectively, the "Merchant Builders") to establish the terms and conditions pursuant to which acquisition or construction of the Improvements (as defined in the Acquisition Agreement), including the Traffic Facilities, would be financed from the proceeds of the Bonds; and WHEREAS, the Transportation Facilities were facilities that are otherwise eligible to be financed through the City's Traffic Development Impact Fee Program CTDIF") set forth in Chapter 3.54 of the Chula Vista Municipal Code; and. 9/\5/08 9073.5 H&O: #62555 v2 H:\ENGINEER\RESOS\Resos2008\IO-2/-08\CFD 071 2nd Bond lndenture Amendment.DOC 4-11 -,-"-.' Resolution No. 2008- Page 2 WHEREAS, the Developer had requested and the Acquisition Agreement provides that the Developer or the Merchant Builders receive a credit against the development impact fee obligation for the development within the District to the extent that the proceeds of the Bonds deposited into the Transportation Facilities Account are used to finance the acquisition or construction of Traffic Facilities (defined in the Indenture as "Transportation Facilities Costs"); and WHEREAS, the Indenture also provided for the deposit of other proceeds of the Bonds in the Acquisition Accounts of the Project Fund established pursuant to the provisions of the Indenture for the purpose of paying all expenses of and incidental to the construction, acquisition or both of the public improvements described in the Acquisition Agreement excluding there from the Traffic Facilities and certain other specifically identified public improvements (defined in the Indenture as "Project Costs"); and WHEREAS, all of the funds on deposit on the Acquisition Accounts have been disbursed to pay Project Costs and the City has received requests for the payment of additional Project Costs in the amount of $2,905,085 which the City has determined are eligible to be paid from Acquisition Account ifthere are funds available for such purpose; and WHEREAS, there remains on deposit in the Traffic Facilities Accounts the amount of $1,963,089 that may, pursuant to the provisions of Section 3.05C of the Indenture, be used only to pay Transportation Facilities Costs until either (a) all funds on deposit in the Transportation Facilities Accounts have been used to pay such Transportation Facilities Costs or (b) the final payment or reimbursement of all Transportation Facilities Costs to be funded from the proceeds of the Bonds has been made, in which case any such funds remaining on deposit in the Transportation Facilities Account may be transferred to the Acquisition Accounts and used to pay Project Costs (as defIned in the Indenture); and WHEREAS, the Developer has requested that $1,043,352 of the funds on deposit in the Traffic Facilities Account (the "Designated Funds") be transferred from such account to the Acquisition Account so that such funds may be used to pay Project Costs; and WHEREAS, because the final payment or reimbursement of all Traffic Facilities Costs to be funded from the proceeds of the Bonds has not been made and will not be made in the foreseeable future, the provisions of Section 3.05C of the Indenture prohibit the current transfer of the funds as requested without amending the provisions thereof to permit such a transfer; and WHEREAS, Section 5.01 of the Indenture authorizes the City Council, by adoption of a resolution in its capacity as the legislative body of the District, to approve a Supplemental Indenture to modify, alter, amend or supplement the Indenture in any respect which is not materially adverse to the interests of the Bondowners (as defined in the Indenture); and WHEREAS, the City Council has determined that the amendment of the Indenture to authorize the transfer of the Designated Funds from the Traffic Facilities Accounts to the Acquisition Accounts will not be materially adverse to the interests of the Bondowners; and 9/15108 9073.5 H&O: #62555 vl H:\ENGlNEER\RESOS\R~sos2008\lO.2].08\CFD 071 2nd Bond Indenture Amendment. DOC 4-12 Resolution No. 2008- Page 3 WHEREAS, to proceed with the transfer of the Designated Funds from the Traffic Facilities Account to the Acquisition Account, it is necessary to amend the Indenture by entered into a Supplemental Bond Indenture in substantially the form presented at this meeting. WHEREAS, staff worked with Warren Diven of Best Best and Krieger, LLP to prepare this item. . NOW THEREFORE BE, IT RESOL YED by the City Council of the City of Chula Vista as follows: 1. The above recitals, and each of them, are true and correct. 2. The proposed form of Second Supplemental Bond Indenture presented at this meeting is hereby approved. The City Manager or the Director of Finance are, and each of them is, hereby authorized and directed, for and in the name of the District, to execute the Second Supplemental Bond Indenture in substantially the form hereby approved, with such additions thereto and changes therein as are approved by such officers, such approval to be conclusively evidenced by the execution and delivery thereof 3. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things to execute and delivery any and all documents and certificates which they may deem necessary or advisable in order to facilitate the execution and delivery of the Supplemental Indenture, and to otherwise to effectuate the purposes of this resolution; and such actions previously taken by such officers are herby ratified,and confirmed. 4. This Resolution shall take effect immediately upon its adoption. Presented by: Approved as to form by: Richard A. Hopkins Director 0 f Engineering '~(--' "" r:'. \. :.:-'. / < i' 1\ ',' I, ! . i .'-1. ~/ t. .! ./ '<>,:" f\ . if':.l~(.f.. . (' Bart NliesIe-rc1' . '~),nterim City Attorney 9/15/08 9073.5 H&O: #62555 v2 H:\ENGINEER\RESOS\Resos2008\lO-21-08\CFD 071 2nd Bond [nd~r~,e 3menctment.DOC ,_. ,'.._""...<._,........"''''_.1 CITY COUNCIL AGENDA STATEMENT ._",..~, ~\'?::.. CITY OF ~CHULA VISTA 10/21/2008, Item~ ITEM TITLE: FISCAL YEAR 2007/2008 ANNUAL FINANCL<\L STATUS REPORT SUBMITTED BY: DIRECTOR OF FINANCE/TREASURER ...,yt REVIEWED BY: INTERIM CITY MANAGER "7r 4/5THS VOTE: YES D NO 0 SUMMARY This report is provided in order to meet the City Chmier requirement of publishing the City's Combined Statement of Revenues, Expenditures and changes in Fund Equity (Attachment D) in the local newspaper within 120 days of the close of the fiscal year. The statement is scheduled for publication in the October 24th issue of The Star News, which is the City's adjudicated newspaper of general circulation. ENVIRONMENTAL REvlEW The Envirorunental Review Coordinator has reviewed the proposed activity for compliance with the California Envirorunental Quality Act (CEQA) and has determined that filing of the fiscal year 2007/08 annual fmancial status report is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change to the envirorunent; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the actions proposed are not subject to CEQA. RECOMMENDATION That Council accepts the repOli. BOARDS/COMMISSION RECOMMENDATION Not Applicable DISCUSSION 5-1 October 21, 2008, Item 5 This report is provided in order to meet the City Charter requirement of publishing the City's Combined Statement of Revenues, Expenditures and changes in Fund Equity (Attachment D) in the local newspaper within 120 days of the close of the fiscal year. The statement is scheduled for publication in the October 24th issue of The Star News, which is the City's adjudicated newspaper of general circulation. We will provide the Council \v1th a complete report of fiscal year 2007/08 financial data upon presentation of the City's audited Comprehensive l\nnual Financial Repon. The General Fund began fiscal year 2007/08 with an available fund balance or reserve of $10.4 million. We are projecting that the ending available timd balance for fiscal year 2007/08 to be approximately $9.3 million, which is a $1.1 million reduction. Available fund balance or reserve is generally defined as the balance of resources currently available for appropriation and therefore, does not include legally required reserves, designations for capital improvement projects or reserves for encumbrances or advances. Actual Expenditures and Transfers-Out for the year amounted to $154.3 million, supponed by Actual Revenues and Transfers-In of $153.2 million, a net effect (decrease) to available fund balance of $1.1 million. Schedules A and B are summary statements of actual revenues and expenditures for fiscal year 2007/08. The graph displays the fiscal year beginning reserve balance compared to prior years. The available fund balance has decreased trom 6.3% to 6.1 % of the General Fund budget, which is below the Council Policy reserve level of 8 percent. The fiscal year 2007/08 Council Adopted General Fund Reserve General Fund budget totaled $164.9 million. $25 16% '" The mid-year approp11ations of 0 14.8% ~ approximately $1.6 million with offsetting ::E 14% revenues of $0.7 million for a net cost to the $20 12% General Fund of $0.9 million were approved 8.8% during the fiscal year. The General Fund net $15 - 10% ~I cost appropriations were for greater than 8% anticipated expenditures for public liability 6.3% ~ 6.1% '" ~ ($335,000), approval of the Sumoad owner $10 - 0: 6% panicipation agreement ($548,334) and the $20.6 $16.7 $14.9 $1Q.4 $9.3 costs for signature veritication of petitions to 4% place a charter amendment on the November $5 2008 elections ballot ($86,000). Schedule C 2% provides a complete listing of all budget $0 0% amendments approved for the 2007/08 fiscal 04/05 OSf06 06/07 07/08 08/09 year. Fiscal Year Attachment 0 is an unaudited Summary Report of Revenue, Expenditures, and Changes in Fund Equity (excluding the Redevelopment Agency, Trust Funds and the Public Financing Authority) for the tiscal year ended June 30, 2008. Please note that the column titled "General Funds" 5-2 October 21, 2008, Item 5 includes not only the General Fund, but also other Funds such as self-insurance reserves, which are combined with the General Fund for tinancial reporting purposes. As required by Charter. Section 504 (t), this statement will be published in the local newspaper as discussed above. Total Fund Balance for all Funds (excluding Trust Funds, Redevelopment Agency and the Public Financing Authority), including legally required reserves and other reservations of Fund Balance, increased by $137.1 million or 65.5% during fiscal year 2007/08 to $346.4 million. The large increase is due to a change in accounting method for the Sewer Funds. The Sewer Funds are now classified as an Enterprise Fund (from Special Revenue in prior years). This change in accounting method requires that all fixed assets of the Enterprise Fund be included on the financial statement, which is not an accounting requirement for Special Revenue Funds. Had the Sewer Funds not been reclassified then there would have been a decrease of $8.0 million or 3.8% in Total Fund Balance tor all Funds. A full analysis of the City's various funds will be provided in the Management's Discussion and Analysis section of the Comprehensive Annual Financial Report. The detailed data supporting this infonnation is quite voluminous, but is available at your request. The published Comprehensive i\nnual Financial Repolt (CAFR) including the opinion of the independent auditors should also be available within the next fOlty-five to 60 days and will be provided to Council. Schedule E provides a complete listing of all budget adjustments between summary accounts approved by the City Manager in accordance with Council Policy 220-02 "Financial Reporting and Transfer Authority" dUling fiscal year 2007/08. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by accepting this report and has determined that it is not site specific and consequently the 500 foot rule found in the Califomia Code of Regulations section 18704.2(a)(I) is not applicable. FISCAL IMP ACT Acceptance of this report has no effect on the General Fund. A TT ACHMENTS Schedule A - General Fund Revenue Schedule B - General Fund Expenditures by Department Schedule C - General Fund Budget Amendments Schedule D - Combined Statement of Revenues, Expenditures and Changes in Fund Equity Schedule E - General Fund Budget Transfers Prepared by: Phillip Davis, Assistant Director of Finance, Finance Department 5-3 SCHEDULE A General Fund Revenues Summary by Revenue Category Fiscal Year 2007-2008 as of June 30, 2008 Amended Actual Percentage Budget To Date of Budget Property Taxes $30,250,317 $29,306,623 97% Sales and Use Taxes $35,062,406 $28,304,989 81% Franchise Fees $10,449,988 $9,662,517 92% Utility Users $6,682,703 $7,378,301 110% Transient Occupancy $2,672,344 $2,697,286 101% Other Local Taxes Business License Tax 1,222,450 1,197,369 98% Business License Tax Penalty 54,220 39,953 74% Real Property Transfer Tax 2,000,000 795,606 40% Total Other Local Taxes $3,276,670 $2,032,928 62% Development Revenue Building Permits 3,432,036 1,743,980 50% Sewer Connection Permits 65,701 83,168 127% Zoning Fees 517,530 233,282 45% Zoning Fees - Deposit Based 8,518,186 5,962,863 70% Plan Checking Fees 1,835,,642 1,429,625 78% Subdivision Traffic Sign Fees 25,353 100 0% Total Development Revenue $14,444,453 $9,453,018 65% Licenses and Permits $868,500 $870,189 100% Fines, Forfeitures & Penalties $1,771,331 $1,519,717 86% Revenue from Use of Money & Property $2,407,669 $2,910,502 121% Revenue from Other Agencies State Motor Vehicle License Fees 19,373,416 19,796,531 102% Police Grants 2,005,013 2,014,173 100% Other Agency Revenue 3,441,818 4,223,990 123% Total Revenue from Other Agencies $24,820,247 $26,034,694 105% Charges for Services $6,927,781 $6,845,200 99% Other Revenues Interfund Reimbursements 12,079,367 12,598,144 104% Other 3,155,509 3,883,211 1'23% Total Other Revenues $15,234,876 $16,481,355 108% Transfers-In $10,616,544 $9,736,092 92% ITOTAL REVENUES & TRANSFERS-IN $165,485,829 $153,233,411 93% 5-4 SCHEDULE B GENERAL FUND Expenditure Status by Department as of June 30, 2008 'Amended Actual Exp. Outstanding Available Percent Department Budget Year To Date Encumbrances Balance Available Legislative and Administrative City Council 1,394,480 1,283,807 0 110,673 7.9% Boards and Commissions 14,736 8,864 0 5,872 39.8% City Clerk 1,296,504 1,192,305 0 104,199 8.0% City Attorney 2,670,327 2,527,362 0 142,965 5.4% Administration 3,468,682 3,150,562 677 317,443 9.2% Information Technology Services 4,178,487 3,769,578 73,071 335,838 8.0% Human Resources 4,998,381 4,873,018 40,000 85,363 1.7% Finance 3,184,409 2,966,578 0 217,831 6.8% Total Legislative and Administrative $21,206,006 $19,772,074 $113,748 $1,320,184 6.2% Non-Departmental $4,583,035 $5,312,748 $65,723 ($795,436) -17.4% Development and Maintenance Services General Services 11,183,885 10,324,849 6,133 852,903 7.6% Community Development 1,931,656 1,364,036 0 567,620 29.4% Planning and Building Services 9,751,885 8,801,593 27,500 922,792 9.5% Engineering 6,698,275 5,822,708 184 875,383 13.1% Public Works 18,102,693 16,436,620 8,424 1,657,649 9.2% Total Development and Maintenance SE $47,668,394 $42,749,806 $42,241 $4,876,347 10.2% Public Safety Polic'e 50,796,852 47,768,496 13,972 3,014,384 5.9% Fire 25,018,807 23,586,421 20,210 1,412,176 5.6% Total Public Safety $75,815,659 $71,354,917 $34,182 $4,426,560 5.8% Culture and Leisure Recreation 6,704,114 5,639,968 17 1,064,129 15.9% Library 9,963,048 8,224,897 . 82,418 1,655,733 16.6% Nature Center 1,260,105 1,203,102 0 57,003 4.5% Total Culture and Leisure $17,927,267 $15,067,967 $82,435 $2,776,865 15.5% Total General Fund $167,200,361 $154,257,512 $338,329 $12,604,520 7.5% 'Includes $881,000 in budget carryovers for encumbrances and CIP projects. 5-5 Reso 2007-172 2007-195 2007-201 2007-206 2007-219 2007-233 2007-242 Fiscal Year 2007-08 as of June 30,2008 General Fund Budget Amendments Per Council Resolutions Description Animal Care Facility microchipping program Appropriation of CFD 12-M funds for landscape maintenance Donation to Animal Care Facility from Third Avenue Village Association Scripps Health Community Benefit grant for senior wellness Stephen & Mary Birch Foundation donation to Fire Department California Division of Recycling grant Office of Traffic Safety DUI Enforcement grant ;-rotaj':o(1"si'Quarter.'E:fuc:!g^etiAmendrr{ents Tiyf':i:'{!'.;Aj;;t(;[~:t:"t!f::;):~I.r;;;f~.v::':;;':~',:M:\;:~i:LJ<:::'8{;r;,~~:;i ;:h~::f&[~~:~ Est. Add" Revenues Add" Approp SCHEDULE C General Fund Net Impact $10,000 $10,000 $0 563,495 $0 $63.495 $2,522 $2,522 $0 $39,800 $39,800 $0 $28,515 $28,515 $0 $5,000 $0 $5,000 $160,600 $160,600 $0 J,'J1f$30!i;932' ';'(($241';437, ;;?:i::i:)C::$68;495 2007.252 Grant fram Kaiser Foundation Hospitals for Kids Health Promotion Program $19,115 $19,115 $0 2007-273 Emergency slope repair along the SR-125 (PR304) $0 $76,645 (576,645) 2007-277 Grant from the Office of Traffic Safety for the Sobriety Checkpoint Program $120,362 $120,362 $0 }otaT!or_2nd~Q'u~"rter'8uBge't"Am'enarrie'iits:'2~~4~rylf:~~t).~,~:0=r:ri'~~~i\%\~!~~,j\Fi~';~~:~.~if~-(!",~j1~~ !.~~:'$1~39:4n; f~)'2f6T122'; ~fF~it~,:~;($i6;645) 2008.017 Signature verification for placement of charter amendment on November ballot 2008-024 Signature verification by County Registrar of Voters for Initiative petition 2008-026 Cost for placement of Initiative Measure on November ballot 2008-027 Energy Conservation grant for programs and staffing 2008~037 Overtime reimbursement from state and donation from credit union 2008-051 Donation From Heart to the Animal Care.Facility 2003-075 MOU between City and Hilltop Middle School for e'xtended after school program 2008-076 MOU between City and Castle Park Middle School for extended after school program 2008-077 MOU between City and Chula Vista Middle School for extended after school program 2008-078 Anticipated costs for Public liability Claims '~~,'?;i(ip;'t.i':'W: if otaf~ot3 Hj :QU'a"'t'e'~~8'lidgefiA~mejn'dmei1'tS ',;-t}:}\':~/::;?;'~A:[(':,:?~ '~t':," ',;"'" ~ft,-';';:' ';:" \V) '<~/~N';.: ":~\~?_;i.:' . 2008-101 2008-116 2008-127 Owner Participation Agreement with Sunroad Chula Vista Donation to Police Department from WalMart CA Bike Racing event for Police Overtime Reimbursement .'Totaj'/of~4fh':,-Quarter;'~BuCigei\ii;m'e-ndITre'nts':~Jl;~:,'1~'~;;:yY-i~::/Xt:;.~~ ",,'~,Y:\;>!:"-:lti'~' $0 $0 $0 $78,502 $87,227 $11,600 $6,600 $4,600 $14,200 $0 0:,:~$:262;i29: $0 $1,000 $2,095 "';i: ."> ~r':.':';T::Y~i-;-~~~:.:p;,t-.'i- ~ -:,:y~t,~'i;%rS3';-(i9fr Year to Date $655,233 5-6 $20,000 $12,000 $54,000 $49,321 $87,227 $11,600 $6,600 $4,600 $14,200 $335,000 :!(9$5!i4;'54sr $548,334 $1,000 S2,095 ''-';;:$55114:29(,,; $1,603,536 ($20,000) ($12,000) ($54,000) $29,161 $0 SO $0 $0 SO (S335,000) "'(i#i{Y($391,s-i9) ($548,334 ) $0 $0 ::;',;;[($548;334) (S948,303) City of Ollila Vista Combined Sununary Statement of Revenues, Expenditures and Changes in Fund Equity Year Ended June 30, 2008 - Unaudited Total General Special Debt Service Capital Enterprise Intemal .All Funds FUl1ds Revenue Funds Funds Project F1U1ds Funds Service FlU1ds Total Fund Equity June 30, 2007 5 359,651,34-1 5 35,502,257 5 39,098,023 5 (14,67U61) 5 89,078,163 $ 205,732,493 5 4,894,869 Revenues 2007-2008 Taxes 89,750,405 80,428,080 9,171,000 131,325 lntergovemrnental Revenues 41,479,732 24,989,257 14,678,268 2,116,660 (304,433) Licen.ses & Permits 2,767,850 2,697,338 70,512 Developer Fees 5,073,252 5,073,252 Charges for Current Services 63,982,436 14,471,074 13,31U11 31,508,921 4,688,050 Fines, Forfeitures & Penalties 2,671,545 1,519,716 1,131,829 Use of Money & Property 12,312,882 2,913,910 2,246,021 8 3,957,682 3,107,164 86,097 Other Revenues 37,497,132 19,9?5,104 17,084,817 31,643 304,898 150,670 Total Revenues 255,335,275 146,946,479 57,716,859 8 11,330,362 34,616,530 4,924,817 Transfers In 14,707,241 9,730,092 13,672 3,835,.348 1,102,129 - Total Revenues and Transfers [n "70,24",516 156,682,571 57,730,331 3,855,336 12.43" ,691 34,616,350 4,924,817 Expendihues 2007.2008: General Goverrunent .42,405,628 32,880,356 2,519,388 2,475 1,234,310 5,769,099 Public Safety 74,801,506 71,354,896 3,412,762 - 33,848 Public Works 57,784,388 32,584,177 21,491,627 3,708,584 Parks and Recreation 26,020 2,100 23,920 Library - - Public Transit 33,193,763 33,193,763 Capital Outlay 27,183,539 136,473 12,398,591 14,628,473 Debt Service: Principal 1,821,857 1,821,857 - [nterest and FiscaL Charges 1,3??,320 1,522,520 - Total Expenditures 238,739,222 136,973,904 39,824,467 3,346,852 19,629,135 33,193,765 5,769,099 Transfers Out ("",620,139) (6,009,889) (4,843,732) (3,888,376) (3,768,794) (109,348) Total Expenditures and Transfer~ Out "16,119,083 130,966,015 34,980,735 3,346,852 13,740,739 27,424,971 5,659,751 ContJ..ibuted Capital 152,390,319 150,004,168 2,586,131 Retau'\ed Earnings - Unreserved 32,877,786 51,576,574 1,301,212 Fund Balances: Reserved 30,770,300 22,223,439 4,146,535 511,770 3,888,736 Unresel'ied: Designated 75,911,264 2,982,950 823,409 72,104,905 Undesignated 34,241,908 8,929,293 39,990,342 (14,677,727) Total Fund Equity Jlme 30, 2008 5 346,391,778 5 34,135,682 $ 44,960,"86 5 (14,163,957) $ 73,993,661 5 201,580,742 5 3,387,363 The Finance Department of the City of Chula Vista has compiled the above Statement of Revenues, Expenditures and Changes in Fund Equity for the year ended Ju...'1.e 30,2008. Such amounts are subject to adjustment through the annual audit process which is being performed by an independent public accoul'"tting fiTU1. TIUs report excludes Trust Funds, the Redevelopment Agency, and tile Public Financing Authority. rvfaria Kachadoorian, Director of Finance Schedule D 5-7 Department SCHEDULE E General Fund Budget Transfers Approved by Administration Fiscal Year 2007-08 as of June 30,2008 From !'~;&$'~~fiS~II~t~ City Clerk Supplies & Services Capital Comm Dev Supplies & Services Utilities City Council Finance Personnel Services Personnel Services To Descri tion Amount Equipment purchase for passport services $2,193 Tota 1(61,;15fQ uaffej-)Buaget'iFfaiisfe'i'S;t:'i'(i;W,~l}$2\t93i Allocation from cell phones to land lines $1,500 Ti:itarrof,2ii'd\Quaite';;,Buaget'TfansfefS'~1:;i;'" ,,7$1\5,00' Allocation from cell phones to land lines $1,500 T otal!<if:kdiQuartElf;B ua'ehTfari'sfefS;~@"~;'~';"~$t;500:; Supplies & Services Supplies & Services $3,082 $10,000 $13,082'; Reallocation for additional supplies/services Reallocation for audit services TOtaFof4th,'Quartef;Biidget'Transfers,:",,:;!,;;;, Year to Datel $18,2751 5-8 CITY COUNCIL AGENDA STATEMENT ~'O<::" ~(~ CITY OF _.a ~CHULA VISTA OCTOBER21, 2008 Item~ ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHLrLA VISTA .".1\;[ENDING FISCAL YEAR 2007/2008 BUDGET IN ACCORDANCE WITH THE COUNCIL POLICY ON FINANCIAL REPORTING AND T~".1"\iSFERAUTHORITY SUBMITTED BY: DIRECTOR OF FIN.".1"\iCE/TREASURERc.fK. REVIEWED BY: INTERIM CITY MANAGER S 7 YES Mx NO nl 4/5THS VOTE: ~ SUMIVL<illY For goverrunent entities, a budget creates a legal li'amev/ork for spending during the fiscal year. After the budget is approved there are circumstances, which arise that could require adjustments to the approved budget. At the close of each fiscal year, the Finance Department reviews all departmental and fund budgets to ensure that the fund budget and the departmental summary budget categories (Personnel Services, Supplies and Services, Other Expenses and Capital) have not been exceeded. For fiscal year 2007/08, budget adjustments are required for the City Attorney, Human Resources, Public "Vorks and the Nature Center departments. The Council Policy on Financial Reponing and Transfer Authority indicates that all departments complete the fiscal year with a positive balance in each budget summary category (Personnel Services, Supplies and Services, Other Expenses and Capital). In order to comply with the intent of this policy, the transfers discussed below are recommended for approval. All recorrunended General Fund transfers can be done using existing appropriations. . ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that complying vvith the Council Policy on Financial Reporting and Budget Transfer Authority is not a "Project" as delined under Section 15378 of the State CEQA Guidelines because it ""ill not result in a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the actions proposed are not subject to CEQA. 6-1 OCTOBER 21, 2008, Item~ Page 2 of3 RECOMMENDATION That Council approve the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION COlillcil Policy 220-02 "Financial Reporting and Transfer Authority" was established in January of 1996 and indicates that no department shall end the fiscal year with a negative balance in any budget summary category In order to comply with the intent of this policy, the transfers discussed below are recommended for approval. Council has approved similar requests in the past after the close of the fiscal year. When considering this request for budgetary transfers it is important to note the following: . The transfer requests are for fiscal year 2007/08 and do not atIect the current fiscal year 2008/09 budget. . All recommended departmental transfers for the General Fund can be accomplished ,vith existing appropriations and no additional General Fund appropriations are being requested. There are four transfer requests being made by this staff report. The City Attorney's office requires a transfer of $160,500 from budgetary savings in the Personnel Services category to the Supplies and Services category for greater than anticipated expendimres related to professional services. The Human Resources department requires a transfer of $677,000 ti:om budgetary savings in the Personnel Services ($285,000) and Supplies and Services ($392,000) categOties to the Other Expenses category to cover greater than anticipated expenditures related to additional public liability claims. The Public Works department requires a transfer of $42,500 from budgetary savings in the Personnel Services category to the Utilities category to cover greater than anticipated water costs tor park maintenance. The Nature Center department requires a transfer of $63,000 from budgetary savings in the Supplies and Services category to the Personnel Services category due to the elimination of the Nature Center Director position. DECISION MAKER CONFLICT 6-2 OCTOBER 21, 2008, Item~ Page30f3 Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(I) is not applicable to this decision. FISCAL IMPACT There is no impact to the General Fund. Savings achieved within existing budgets will cover the recommended transfers between the General Fund departments. Preparqd by: Phillip Davis. .1ssistam Director, Finance Department 6-3 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING FISCAL YEAR 2007/2008 BlJDGET IN ACCORDANCE WITH THE COUNCIL POLICY ON FINANCIAL REPORTING ANTI TR..A.NSFER AUTHORITY \VHEREAS, the Council Policy on Financial Reporting and Transfer Authority indicates that all departments complete the fiscal year with a positive balance in each budget summary category (Personnel Services, Supplies and Services, Other Expenses and Capital); and WHEREAS, the Council Policy established in January 1996 indicates that no department shall end the fiscal year with a negative balance in any budget summary category; and WHEREAS, the City Attorney's office ($160,500) exceeded its budget in the Supplies and Services budget category due to higher than anticipated professional services costs; and WHEREAS, the savings realized in the City Attorney's Personnel Services budget category exceeded $160,500; and WHEREAS, Human Resources Department ($677,000) exceeded its Other Expenses budget category due to additional expenditures associated with public liability claims; and WHEREAS, the savings realized in the Human Resources Department's Personnel Services budget category exceeded $285,000 and savings. realized in the Supplies and Services budget category exceeded $392,000; and WHEREAS, the Public Works Department ($42,500) exceeded its budget in the Utilities budget category due to higher than anticipated water costs for park maintenance; and WHEREAS, the savings realized in the Public Works Personnel Services budget category exceeded $42,500; and \VHEREAS, the Nature Center department ($63,000) exceeded its Personnel Services budget category due to additional expenditures associated with eliminating the Nature Center Director position; and WHEREAS, the savings realized in the Nature Center Department's Supplies and Services budget category exceeded $63,000; and WHEREAS, the recommended transfers between the General Fund departments will be covered by savings achieved within existing budgets. J:\Aaomey\RESQIFINANCE\Amcnd FY Oi.OS GF budge! de3nup_IO-I-1-08.doc 6 - 4 Resolution No. 2008- Page 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista amends the City's fiscal year 2007-2008 budget in accordance with the Council Policy on Financial Reporting and Transfer Authority. Presented by Approved as to form by Maria Kachadoorian Director of Finance/Treasurer ~c r~- ----C., I. 'J ' I \ /. ; ('--- ~ .LA.. \ I / (l'IV j lZ,u '-'--BaffC.!K-1ies~ '. .,@\. Interl-rri' City Attorney J:\Allom<:ylRESQIFINA,'JCE\Amend FY 07.08 GF iJud!j:~t d"~nup_1O-14_08,doc 6-5 CITY COUNCIL AGENDA STATEMENT ~ (!f:. CITY OF ~CHULA VISTA 10/21/2008, Item '+ ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VIST A ADOPTING THE PURCHASING ENVIRONNIENTALLY PREFERABLE PRODUCTS POLICY SUBMITTED BY: DIRECTOR OF PUBLIC WOR,.1(SA~ DIRECTOR OF FiNANCE 'HtJi<.. \) GOVERNNIENT RELATIONS LIAlSON 01i"V-" INTERllvI CITY MANAGER 'S;- 4/STHS VOTE: YES 0 NO 0 REVIEWED BY: SUMMARY The City's Finance Department has an Environmentally Preferable Purchasing Policy (EPP) designed to encourage departments to purchase, whenever practical, environmentally preferable products. Adoption of the resolution makes this a Citywide policy and incorporates Extended Producer Responsibility language into the policy. ENVIRONlVIENT AL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section l5378(b)(2) of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION 7-1 10/21/2008, Item t Page20f3 Toxic and disposable products have been developed and sold by companies with no input from local governments on the design or the toxicity of the components. Yet local government is burdened with the mandate to manage the disposal of the products once the consumer no longer wants them. The current waste management system does not encourage manufacturers to design durable, non-toxic products. Reducing waste is the highest priority in the waste management hierarchy - reduce, reuse and then recycle. Although jurisdictions across the state have been working hard on diverting waste, Californians sent the same volume of trash to landfills in 2007 that we sent in 1990 - more than 40 million tons. Waste diversion is a downstream action that addresses end-of-product-life management. It does nothing to reduce the generation and consumption side of the equation. There is a better way - Extended Producer Responsibility (EPR) - also known as Product Stewardship. EPR is a policy that holds producers liable for the costs of responsibly managing their products at end-of-life; whoever designs, produces, sells or uses a product takes responsibility for minimizing the product's environmental impact. Producers, usually brand owners, have the greatest control over product design and marketing and, therefore, have the greatest ability and responsibility to reduce toxicity and waste. In the last decade, there has been an explosion in the manufacture of products designed for disposal. These products are very expensive, if not impossible, to recycle because they contain hazardous metals and chemicals. Many have been banned from landfill disposal due to their toxicity. However, the primary m.eans of managing them responsibly is through local Household Hazardous Waste facilities, funded and managed by local governments. Local Household Hazardous Waste costs are soaring as cities attempt to respond to the increased volume of toxic products. Producer responsibility is such a high priority that in 2007, the California Integrated Waste Management Board adopted it as one of 12 strategic directives. It is a core value of the Waste Board that producers assume the responsibility for the safe stewardship of their materials in order to promote environmental sustainability. (A copy of Strategic Directive #5 and The Overall Framework for an Extended Producer Responsibility System in California as adopted by the California Integrated Waste Management Board has been included as an attachment providing greater detail on this Directive.) Local government has a critical role to play in helping to lead the transition to producer responsibility and stemming the growth of the waste stream. As the move toward Product Stewardship progresses, Federal and State legislation is being introduced that merits action on the part of the City. The 2009 Legislative Program will be submitted to Council for approval in November. The proposed program will include language to . support measures that promote Extended Producer Responsibility / Product Stewardship. In addition to lobbying support, staff is recommending that Council adopt a Citywide Environmentally Preferable Purchasing Policy (EPP) to include EPR components / practices. These include: 7-2 I 0/21/2008, Item 7- Page30f3 Leasing of selective products rather than purchasing them. Requesting less toxic alternatives. Requiring manufacturers of products. to "take back" their products (fluorescent lamps, batteries, electronics, etc.) at the end of their useful life, either directly or through a manufacturer/producer funded collection and recycling program. Currently, items are purchased at the lowest price without consideration for disposal costs at the end of the products' useful life. Total Cost of Ownership considerations need to be evaluated as part of the fit-for-use analysis of a product and service. Total Cost of Ownership is a summation of all purchase, operating and related costs for a product or service. A product that may appear to be the lowest price initially may actually be more expensive when disposal and other related costs are added to the calculation. If fitness and quality are equal, environmentally preferable products will be purchased whenever such products are available at the same or lesser total cost than other products. Chula Vista has long been recognized for its leadership and bold steps towards environmental stewardship and conservation policies. The California Integrated Waste Management Board is requiring jurisdictions to have an EPP as one of the qualifiers for most of their grant funding. The adoption of an EPP Policy will assist City departments in continuing to obtain the State grant funding used to facilitate some of those envirorunental stewardship efforts. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot mle found in California Code of Regulations section 18704.2(a)(I) is not applicable to this decision. FISCAL IMPACT Adopting this resolution has no direct General Fund impact. The intent of any actions governed by this resolution will be to reduce overall costs of goods and services to the City through producer take-back programs, improved recyclability and overall product design. The City's Finance Department has reviewed and approved the proposed purchasing policy language. A TTACIDIENTS A. Draft Environmentally Preferable Purchasing Policy B. California Integrated Waste Management Board Strategic Directive #5 - Producer Responsibility and The Overall Framework for an Extended Producer Responsibility System in California. C. Finance Department Environmentally Preferable Purchasing Policy Prepared by: Lynn France. Environmental Services Program lvlanager, Public Works Department 7-3 A~cJnmef)+ A COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: PURCHA.SING ENVIRONMENTALLY POLICY PREFERABLE PRODUCTS ~ER EFFECTIVE DATE PAGE 10/21/2008 I of2 ADOPTED BY: Resolution No. 2008- AMENDED BY: Resolution No. (date of resolution) I DATED: 10/21/2008 PURPOSE: The purpose of this policy is to encourage departments to actively seek out environmentally preferable products for use in day-to-day operations when quality, performance, price, and functionality are comparable to their non-environmentally preferable counterparts. POLICY: The City of Chula Vista shall promote the use of environmentally preferable products and Extended Producer Responsibility through proactive buying practices. Departments shall purchase and use environmentally preferable products whenever practicable. Specifically, all departments shall purchase products manufactured with post-consumer recycled material. Departments. shall purchase recycled products instead of non-recycled products whenever recycled products are available at the same or lesser total cost than non-recycled products and the fitness and quality are equaL Departments shall purchase products from venders that agree to collect and recycle their products when they reach the end of their useful life, through producer operated or producer funded collection and recycling programs, whenever practicable and at no additional cost to the City. Departments may, with the approval of the Purchasing Agent, require procurement of environmentally preferable products. Departments shall require outside contractors and consultants to use environmentally preferable products in the perrormance of their service, whenever practicable. SCOPE: This policy applies to all departments. DEFINITIONS: "Environmentally Preferable Products" means those products that are more energy efficient, less toxic, less polluting, and which generate less waste overalL 7-4 COUNCIL POLICY CITY OF ClillLA VISTA SUBJECT: PURCHA.SING ENVIRONMENTALLY POLICY PREFE~~LEPRODUCTS ~ER EFFECTIVE DATE 10/21/2008 PAGE 20f2 ADOPTED BY: Resolution No. 2008- . I DATED: 10/21/2008 AMENDED BY: Resolution No. (date ofresolution) "Environmentally Preferable Purchasing" means the procurement or acquisition of goods and services that have a lesser or reduced effect on human health and the environment when compared with competing goods or services that serve the same purpose. The comparison takes into consideration, to the extent feasible, raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, disposal, energy efficiency, product performance, durability, safety, the needs of the purchaser, and cost. "Extended Producer Responsibility" means the extension of the responsibility of producers, and all entities involved in the product chain, to reduce the impacts of a product and its packaging. "Total Cost of Ownership" means a summary of all purchase, operating, and related costs for a product or serVice, including the acquisition, transportation, receiving, inspection, training, maintenance, operating, energy use, and disposal costs. PROCEDURE: The Purchasing Department shall take the lead in including environmentally preterable product and service specifications in bid documents and Citywide contracts, as appropriate. Total cost of ownership shall be considered when purchasing environmentally preferable products. With some exceptions, enviroiunentally preferable products shall only be purchased when cost- effective. A department wishing to require the use of an environmentally preterable product that may not be otherwise cost-effective shall deliver to the Purchasing Agent a written memorandulIl describing the compelling reasons for the use of environmentally preferable product. The Purchasing Agent shall review the memorandum and decide if the environmentally preferable product will be required. The decision of the Purchasing Agent shall be finaL RESPONSIBLE PARTY: Each department is responsible for purchasing environmentally preferred products, if practicable, and monitoring the product performance: REPORTS: Departments shall provide the City Manager with reports regarding purchase of environmentally preferable products in such form and at such times as the City Manager may direct. 7-5 .oducer Rcsponsiblity: CI\vlVlB Strategic Directive 5 (SD-5) "~~~QChooeJLtlQ,-,,,.~~~~,:.~ ~~~...t<>;:~-a;;"-"'~II"li'-'=1li:\Wl"'""'SJ,~=~~==-~,;:~.....G&I.~>1< ,bout the Board Home ;trateaic Directives Iteet the Board .eadershi2 'roaram <esoonsibilities .ocation/Directions ,taff Directory lobs/Exams 'ublications Jraanization Charts ="" ..... !'~ii' .. ::::~"U ff>~ ~',j'nl('~I:!~.':::" ,_~,,~~ ~a;j_"'..... -1",...-,o;.;l F~;'~ ". .t ',. '1- ~ ~jl' .-;l. . J~~:~~'" J.n~e't'if.:;h.e'!..l fu'\fC'll!;...e ~",~,,"':;4i ,"'" ""'~:"~,~ :;;~'''''-'''' ._..".,,""...... "" ""...~ .~~ ~~~~ll:I'~Q:;ci~il'a,;.~-~<l'~ ~O:L.~~ U Strategic Directives 1?J:h?':Hr.!?~~<:~.~. :R.:~~:l?Q11:~~b..il.i.tY.." ,.....". ..., H.'H', H ,......,................................- This page provides information on the CIWMB's Strategic Directive 5 (SD-5). Each of the five subdirectives links to further explanation including baseline measurement, metrics or performance criteria, annual targets, and key activities. Directive It is a core value of the CIWMB that producers assume the responsibility for the safe stewardship of their materials in order to promote environmental sustainabill~. Specifically, the CIWMB will: 1. Utnize existina Board authority..to foster "cradle-te-cradle" oroducer resoonsibilitv. 2. Seek statutor.i authority to foster "cradle-to-cradle" oroducer responsibilitv. 3, Analyze the feasibilitl of various aooroaches to increasinq Qroducer responsibilitv. includinq durinq the oreduct desiqn and oackaainq ohases, and make recommendations to the CIWMB Boarcl..Qy December ?007, and annuallv thereafter. 4, Build caoacity and knowledqe in CIWMB on extended producer resoonsibilit/lEPR) issues and solutions. 5. Develop and maintain relationshios with stakeholders that result in oroducer-financed and producer-manaced svstems for product discards, 5.1--Utilize existing Board authority to foster "cradle-to-cradle" producer responsibility. This subdirective recognizes those tasks and initiatives related to EPR that the CIWMB could bot" continue and initiate in the immediate and near term utiiizing existing Board authority.'The Board has been involved in severai initiatives related to EPR over the years, including rigid plastic packaging containers (RPPC), a-waste, and paint Baseline The baseline is existing legislative provisions (i.e. minimum content programs and a-waste) related to producer responsibility. Metrics or Performance Criteria The Board will track the number of regulatory and voluntary programs that have been implemented and/or modified to foster EPR. Annual Targets in the near term, the Board will revise and promulgate RPPC regulations and take initiatives to enhance enforcement based on regulatory changes. In addition, staff will be providing the Board with a broader set of EPR policy recommendations at the September Board meeting. Other targets, short- and long-term, will be determined based on those recommendations the Board accepts at that meeting. Key Activities Review existing federal and state statutes and regulations relative to EPR programs; amend regulations to foster additional EPR. 5.2--Seek statutory authority to foster "cradle-to-cradle" producer responsibility This subdirective proposes to seek new statutory authority in order to foster the "cradle-to-cradle" concept. This will allow the Board to create new regulatory programs reiated to EPR. Baseline The baseline Is existing regulatory programs and statutory authority oithe Board, Metrics or Performance Criteria The number of approved legi~~i6e amendments that support EPR will serve as a metric. ".^/,.,,~ ,-.(,r,G Jduccr Responsiblity: CIWMB Strategic Directive S (SD-S) Page 2 of3 Annual Targets Annual targets include introducing legislation that supports EPR directives. Key Activities Consultation between Legislative and External Affairs Office and Statewide Technical and Analytical Resources (STAR) Division to determine proposed legislative language regarding an overall producer responsibility framework. STAR Division staff to evaluate priority products or product categories to be targeted. 5.3--Analyze the feasibility of various approaches to increasing producer responsibility, including during the product design and packaging phases, and make recommendations to the CIWM8 board by December 2007, and annually thereafter. This subdirective proposes that staff analyze the feasibility of various approaches to increasing EPR. This analysis will include approaches focused on product design, packaging and existing frameworks being used in other jurisdictions. At the conclusion of the analysis. recommendations will be made to the Board, suggesting a particular approach to be pursued in California. Baseline Currently, no existing analysis of this kind exists within the Board. Metrics or Performance Criteria A report will be presented to the Board detailing the results of the analysis, listing potential options, and suggesting staff's recommendations. Annual Targets Complete analysis of EPR framework and product selection process and bring agenda item to the Board in September 2007. Analysis regarding EPR approaches for specific product categories wlil be completed by December 2007 or earlier. Complete preparation of supplemental Budget Report. Key Activities Key activities associated with this subdirective inciude reviewing existing approaches and frameworks being used by other jurisdictions regarding EPR and evaluating their success and feasibility for implementation in California. Literature searches will be conducted to determine what, if any, research has been done on the subject and how that research can be used to construct the most appropriate ERP framework possible. Other activities would include meeting with stakeholders and interagency workgroups. 5.4..Build capacity and knowledge in CIWMB on extended producer responsibility (EPR) issues and solutions This subdirective proposes that Board staff actively build knowiedge of EPR at the CIWMB. This indudes building an internal knowledge-base within L~e Board as weil as maimaining a web-based resource informing the public about the availability of that information. Baseline The baseline wlll be constructed based on the implementation of existing systems within the board such as the e-waste program. Metrics or Performance Criteria Th.e number of staff within the Board who has expertise in L'1is subject matter will serve as a metric for this subdirective. Annual Targets Targets for this subdirective include Board leadership in EPR-related discussions/forums/conferences as well as maintaining training of Board staff to ensure knowledge and expertise among staff. Key Activities Tne activities asso<?iated with this subdirective are associated with attending confe'rences, workshops, educational seminars as well as creating an educational and training pfan to cover EPR-related activities. This educational and training plan will also be advertised and information maintained on a web-based system. 7-7 "',... 1,-, ~ /,-,,.-.,/,n roducer Responsiblity: CIWMB Strategic Directive 5 (SD-5) Page 3 of3 5.5--Develop and maintain relationships with stakeholders that result in producer- financed and producer-managed systems for product discards. This subdirective is focused on creating and maintaining relationships with stakeholders (private, local, state, federal) interested in producer-financed and producer-managed solutions for product discards. Baseline The baseline consists of existing stakeholder relationships. Metrics or Performance Criteria The number of industry-wide contacts/relationships' among private sector as well as public sector companies/organizatlons/agencies will selVe as a metric for this subdirective, Annual Targets Develop and maintain EPR list of stakeholders, participate in EPR organizations and conferences, and engage in EPR ne.9otiations and agreements. Key Activities Activities associated with this subdirective include: ,,)> Creating a list of stakeholders interested in EPR by pro'duct type and make this list available online. .',> Participation in organizations involved in EPR including Product Stewardship Institute, California Product Ste\vardship Council, and the North American Hazardous Materials Management .A.ssociation. .", Engaging in and providing forums and discussions with stakeholders regarding various EPR topics. . .)', Participation in negotiations with organizations and industry to reach producer responsibility solutions. 50-4 I ;;>trateglc Directives Home Paae 1 50-6 Last updated: July 10, 2008 .""" "";""'_~'.'"...'" :,,,,,,"""""l,",,,,-,::,: ,~,,,,,;:;,,.:!:';"_""", .."':;"~ ~~ ::-...,~.".; ..,-,-,..,.."-_,..,. ;,'i'''''''''''' c'= =,;..",' . '_';-.'"".;'" ..,~.".,.,,,,,,,.,,, .tC -'t.'"""'''''' 0' ,..,~',,-,.,., .'-'..- ,", ", ,'"'' L'.".' c.' >c. !i' ""..'. ",,,,,,'~". .'.,.. ''". About the CIWMB htto:J/www.ciwmb.ca.qovi8oardlnfo/ Office of Public Affairs: ooa@ciwmb.ca.Qov (916) 341-6300 Cond!tions of Use I Privacv PoHc{ C91995 2008 California Integrated Waste Management Board. All rights reserved. 7-8 ('Hji'l.c:nnilx Board Meeting January 23, 2008 Agenda Item 12 Attachment 1 (Final) Attachment 1: Overall Framework for an Extended Producer Responsibility System in California This document contains staffs recommendations for an Overall Framework for an Extended Producer Responsibility (EPR) System in California. If adopted by the California Integrated Waste ~ranagement Board (CIWMB or Board), staff envisions that t'1is document, in addition to the Board's Strategic Directive 5: Producer Responsibility (http://www.ciwmb.ca.gov/agendas/mtgdocs/2007/02/00021620.doc) will guide further discussion and development of product stewardship programs in California. To achieve Strategic Directive 5, Producer Responsibility, the Cf'vVMB staff developed the proposed Extended Producer Responsibility (EPR) Framework Approach described in this document. This EPR Framework Approach would provide a comprehensive, yet flexible method for managing products l1-J.at have significant im.pacts on the environment and serve as an alternative to the current piecemeal approach with many different laws and methods. The EPR Framework is intended to guide proposals to seek statutory changes that would provide the Board with the authority to develop and carry out state government roles and responsibilities. 1fJs should include providing the Board with authority to establish overall program requirements and procedures, including but not limited to: 1) establishing agency-wide product selection procedures a,nd selecting product categories; 2) requiring producers of selected categories to work with retailers, haulers, local jurisdictions, and other stakeholders, as appropriate, to develop and implement Board- approved plans to address the targeted products; 3) specifying what provisions must be addressed in each plan (e.g., goals, fee or cost structure options, administration, reporting, etc.), while allowing flexibility in how provisions are implemented; and 4) specifYing enforcement mechanisms such as penaltj procedures and provisions for non-compliance. The approval'of a product stewardship plan would not preclude the implementation or. expansion of existing programs, nor would it preclude consideration of other approaches to end-of-life product management (such as for e-waste). The use of product-specific stewardship plans would be a key component to provide producers, retailers, haulers, recyclers, and other entities in the product chain wit.1. the flexibility to customize programs for specific products. Whileeach plan would address certain topics, how each topic would be implemented would be unique and customized for the product. Producers would also have the option of creating individual plans or participating in group or other plans. . Key Elements of an EPR Framework Approach Staff found that EPR Framework approaches have common key elements and, based on the analysis and stakeholder input, staff proposes these key elements: 7-9 Board Meeting January 23, 2008 1. Policy Goals 2. Guiding Principles Agenda Item 12 Attaclunent I (Final) S. Governance 3. Definitions 6. Products/Product Categories Covered 7. Program Effectiveness and Measurement 4. Roles and Responsibilities Tne sections that follow furt.her describe staff recommendations for an EPR Framework Policy Goals, Guiding Principles, Defmitions, Roles and Responsibilities, and Governance (ClWMB Authority). The remaining elements would be further explored and addressed in legislation or in the development of regulations. 1. Policy Goals The goals of the EPR Framework, and any product stewardship programs that would be implemented under it, are to: Address all materials in the waste stream, either in terms of volumetric or toxic impacts in landfills, where practical, with consideration of life-cycle impacts. Provide measurable net environmental benefits through product design innovation; improved environmental performance throughout a product's lifecycle, that includes reduced solid waste, toxic components, energy and water consumption, and reduced greenhouse gas and air emissions; the highest and best use of products and materials in a cradle-to-cradle system; and avoidance of transferring EOL management problems to' other states and countries. Advance green product design and the waste management hierarchy of source reduction and reuse, as well ~s proper collection and recycling where needed. Design product stewardship programs to maximize convenience to consumers and economic efficiency and market-based competition to stimulate innovation and reduce costs. Reduce the burden on taxpayers ik'1d ratepayers by transferring waste-related costs to producers and consumers of products. 2. Product Stewardship Guiding Principles Producer Responsibility All producers selling selected products into the state would be required to develop and/or participate in an approved product stewardship plan. Each plan would have. certain provisions that must be addressed (e.g., goals, fee or cost structures, administration, and reporting, along with environmental provisions such as source reduction and product design, collection, transportation and environmentally 2 7-10 Board Meeting January 23, 2008 Agenda Item 12 Attachment 1 (Final) . sustainable reuselrecycling, etc.), while allowing flexibilit'j in how provisions are implemented. _ Responsibility to physically and financially manage product end-of~life impacts shifts from general ratepayer and local government to producer and consumer. Responsibility is not shifted to other levels of government without consent or negotiated agreement with the affecred governmental entity. All producers for a particular product category are subject to the same stewardship responsibilities, wbch encourage environmental performa11ce by individual producers. Environmental Protection Strategies Environmental protection strategies and resource allocation shift to an emphasis on increased prevention, source reduction, green product design, and reuse; with increased collection and recycling, and purchase of environmentally preferable products, when feasible. Environmental protection strategies strive to harmonize policies and programs by various levels of government while acknowledging and preserving the unique authorities and responsibilities of each to address environmental concerns. New EPR programs should not dismantle existing programs that the Board determines effective. Strategies are designed to give government the flexibility to implement program improvements through administrative and regulatory processes. CIWMB will collaborate with agencies, internal and external, and other key stakeholders to effectively address cross-media and cross-organizational issues when considering the selection of product categories and when considering approval of product stewardship plans. System Coverage All consumers have reasonable access to convenient product collection locations. Results-Based Programs . Programs focus on results and provide producers wiLl], flexibility to determine the most cost-effective means of achieving the desired outcomes with minimum government involvement. This includes allowing individual producer responsibility, along with other options. Product categories are clearly defined to simplify compliance and enforcement and ensure common understanding among program participants. Programs are tailored for individual products and encourage continued innoyation by producers to minimize enviromnental impacts during all stages of the product life cycle, from product design to end-of-life management. Producers are accountable to both government and consumers for environmental outcomes and allocation of revenue from feesllevies. . Program development process is open and provides the opportuniry for input from all stakeholders. 3 7-11 Board Meeting January 23, 2008 Agenda Item 12 Attachment 1 (Final) 3. Definition of Key Terms a) Extended Producer Responsibility In the Background Paper Producer Responsibility: Overview of Policy Considerations from the June S, 2007 Strategic Policy Committee Meeting Workshop, staff presented various definitions of Extended Producer Responsibility, along with similar terms being used internationally, I Staff recommends the following definition: Extended Producer Responsibility (EPR) is the extension of the responsibility of producers, and all entities involved in the product chain, to reduce the cradle-to-cradle impacts of a product and its packaging; the primary responsibility lies with the producer, or brand owner, who makes design and marketing decisions. This definition is similar to the definition used by the Product Stewardship Institute in recognizing a shared responsibility, but one that lies primarily with the producer. The reference to the product chain includes but is not limited to producers (see definition b) Producer), retailers, haulers, consumers, recyclers, and local governments. EPR focuses on enhancing environmental benefits through improved product design for reduction and reuse, and increased collection and recycling ','Ihere needed, without transferring end-of-life management problems elsewhere. b) Producer This term is fundamental to any discussion on EPR, yet it is challenging to define for all products. In order to have a common understanding' of the term, staff offers the working definition below with recognition that a more refined definition would be needed for a product stewardship program t.'1at is focused on a particular 'product or product category. Product-specific definitions of the term producer need to be legally binding if all producers are to be held to the same ground rules, Producer means i. a person who manufacturers a product and sells, offers for 'sale or distribntes the product in California under the manufacture's own brand ii. if subparagraph (i) does uot apply, a persoll who is not the manufacturer of the product but is the owner or licensee of a trade mark under which a product is sold or distributed in California, whether or not the trademark is registered, or iii. if subparagraphs (i) and (Ii) do not apply, a person who imports the product into California' for sale or distribntion. c) Cradle-to-Cradle Impacts The term "cradle-to-cradle impacts" is referred to in the definition of "Extended Producer Responsibility" and staff believes it is beneficial to make it clear that EPR goes beyond advancing recycled content, t~e Board's traditional focus, but one that can lead to non-optimal environmental decisions. EPR I California Integrated Waste Management Board, Producer Responsibility: OverviewafPolicy Considerations, Background Paper. Prepared for the Strategic Policy Committee, June 5 2007, Pages 12-' 15. Available at: w\vw.ciwmb.cu.gov!agendas/l1ltgdocs/2007i06/00022\ 04.doc 4 7-12 Board Meeting January 23, 2008 Agenda Item 12 Attachment 1 (Final) is a comprehensive, rat.~er than single-attribute approach, and consequently is more likely to result in the best environmental solution. Cradle-to-cradle Impacts include energy, water, and materials use; greenhouse gas and other air emissions; toxic and hazardous substances; materials recovery and waste disposal; and worker safety. d) Product Stewardship Program This is a term l.'Jat is used by provinces in Canada and Board staff believes using the same tenn in California would be helpful to be consistent in our communications, particularly for thos'e stakeholders operating throughout North America. Product Stewardship Program is a program that encompasses product design for source reduction and reuse, as well as the collection, transportation, recycling, and disposal of unwanted products, including legacy products and the program's fair share of orphan products, which is financed as well as managed or provided by the producers of those products. e) Stewardship Organization Several terms are used to describe au entity that works on behalf of the producer to implement its responsibilities such as Third Party Organization (TPO), Producer Responsibility Organization (PRO), and Stewardship Organization (SO). Staff recommends using the rerm and definition below. Stewardship Organization is an entity appointed by a producer to act as an agent on behaif of the producer to administer a product stewardship program. 4. Roles and Responsibilities. Each stakeholder benefiting from a selected product shares in the responsibility of developing and implementing an effective product stewardship program. Staff recommends that the following general description of roles and responsibilities for producers, retailers, consumers, state government, local government, haulers', recyclers, and advisory workgroups be used to help lay a solid foundation for an effective product management and stewardship system. The roles and responsibilities would be modified, as appropriate, when developing any ensuing product stewardship program. While there is a description in this for general responsibilities for California State government, Section 5 below delineates specific governance authority that would be needed for CIWMB to develop and implement an overall product stewardship program. For each stakeholder group, staff identifies these types of responsibilities, where applicable. Product stewardship system effectiveness (oversight and continual improvement) Information needs/requirements Physical management of products and component materials (cradle-to-cradle) Financial management of end-of-life responsibilities 5 7-13 Board Meeting Januarj 23, 2008 Agenda Item 12 Attachment 1 (Final) A. Producers' Responsibility: System Effectiveness, Informational, Physical, Financial Whether established legislatively or voluntarily, an EPR approach to a specific product or product category places primary responsibility on the producers of that product to design and implement a program to achieve specified goals. Producers may use stewardship organizations (see Definitions of Key Terms above) to administer recovery and recycling programs for specified materials. 111e membership of a stewardship organization can be entirely cornplised of industry representatives, including manufacturers, distributors and retailers. Other stewardship organizations are multi-stakeholder organizations that include government representatives. Stewardship organization responsibilities usually include registering members, collecting fees from members,"managing a program fund, monitoring compliance, and reporting on results. In cases where producers create and elect to participate in stewardship organizations, the ultimate responsibility is retained by the individual producers while the functions may be performed by stewardship organizations. Additional details about individual versus collective producer responsibility would need to be addressed in product-specific product stewardship plans, as needed, due to variations in product design, market structure, and potential public/environmental benefit. System Effectiveness: Develop or use an approved stewardship plan for selected products. Each plan would have certain provisions that must be addressed including, but not limited to, goals, fee or cost structures, administration, and reporting, but there would be flexibility in how provisions are in1plemented Plans would also address product design, source reduction, collection, transportation, and,reuselrecycling of covered products considering lifecycle impacts and utilizing market incentives, as feasible. Informational: Provide effectiveness repOlis including performance and cost data to State government for covered products (e.g., t.l-tose products which may require registration). Provide audited fi.nancial records for EOL management, when required, to justify cost recoverj by stewardship organizations and maintain transparency and accountability to stakeholders. Develop and distribute educational material to consumers, retailers, local government, haulers, and recyclers on the safe use and storage of products, safe storage and handling of the residuals and containers, and the location of collection facilities. Clearly communicate information about proper EOL management for haulers, collectors, recyclers, local government, etc. Typically this is accomplished through Material Safety Data Sheets, product labels, and websites that explairi hazardous materials contained in the product and requirements for safe EOL management and recovery of the product. Participate in good faith with governmental organizations and multi-stakeholder groups to continually improve product stewardship program. Physical: Design products to reduce lifecycle environmental impacts. Support , environmentally preferable products and services through supply chain management decisions. 6 7-14 Board Meeting January 23, 2008 Agenda Item 12 Attachment I (Finai) Ensure the collection and management of material from tile consumer through a nei:'Nork of conveniently located collection sites. May choose to assign and oversee this responsibility through contracting directly with collectors, transporters, processors,or through participation in a stewardship organization. Ail occupational health and safety and environmental standards must be met in either case. Financial: Responsible for ensuring financial viability ofEOL collection and management whether contracting directly with a public or private entity, or through participation in a stewardship organization. B. Retailers' Responsibility: Informational, Physical Informational: Required to provide information from producers (or stewardship organizations on producers' behalf) to customers on how to access services. Physical: Retailers only seil products that are covered (e.g., registered) in product stewardship programs where they exist. Involvement in an EOL collection system is voluntary and may be compensated, as negotiated beween producers and retailers. Physical or System Effectiveness: Responsible for participating in workgroups to explore system effectiveness and negotiating in good faith with producers and other stakeholders to assume a share ofresponsibility. C. Consumers' Responsibility: Physical, Financial Physical: Responsible for following directions provided by producers including stewardship organizations, retailers, local government, and EOL service providers. Utilize provided coilection services and do not dispose of products through illegal or non- preferred means. Financial: Pay the costs of proper EOL management. D. General California State government responsibility: System effectiveness, informational, financial Several state government entities have responsibilities with respect to the state government role in developing a level playing field and providing oversight. These include the Legislature, CaI/EPA, CIWMB, and other relevant state level authorities. System effectiveness: Establish statutorf requirements and regulations that provide the authority to mandate individual financial and/or physical take-back of designated products; ban designated hazardous materials from use in products and/or landfill disposal; set mininlUm reuse, recycling and recovery rates; establish minimum environmental standards (e.g., source reduction, collection, processing, and recycling, reuse/export). 7 7-15 Board Meeting Januarf 23,2008 Agenda Item 12 Attaclli-nent 1 (Final) Devise a state government coordination process to .discuss and decide on environmental cross-media issues. Review and approve stewardship plans submitted by producers or by stewardship organizations on behalf of producers. The Board may'consider a means foi: individual manufacturers to be exempt from the EPR requirements for certain (or select) products that conform to special environmental criteria, where it can be demonstrated that conferring the exemption would result in compliance with all EPR goals. General procedures and criteria for making exemption determinations would be developed as part of the regulation process foHowing enactment of statute. Whether an individual manufacturer's product would be exempt would be considered as part of the process to select product categories and as part of the Board's evaluation of a proposed product stewardship pian. Implement EPR using guiding principles set forth in the Framework, including procurement specifications that encourage green product design. Participate in multi-stakeholder collaborative efforts to provide net environmental benefits, including efforts to establish product performance standards. Create a level playing field by ensuring that all producers comply with the established requirements and that targets are being met. Provide timely enforcement, which may apply to producers and other stakeholders, as defined in regulations that would be developed following enactment of statute. Consider the appropriat~ness for a neutral tpjrd-party organization to administer many of these responsibilities. Responsibility ultimately lies with government to assure environmental protection goals are bein.g met. State procurement officials must only purchase products that are covered (e.g., registered) in product srewardship programs, where they exist and State government should define environmentally preferable purchasing, in part, by the extent to which producers consider and incorporate management of toxics, packaging, and other EOL issues in their product design, production, and customer relationships. Informational: Make product stewardship plans available to the public and assist in information dissemination. Ensure public access to performance information and evaluations. Financial: Seek reimbursement for oversight and enforcement services, perhaps through product registration fees. Penalties should be considered, if producers or other stakeholders fail to meet the established requirements, or conversely, financial incentives may be offered for meeting or exceeding program requirements. E. Local. government responsibility: System effectiveness System effectiveness: Local government procurement officials must only purchase products that are covered (e.g., registered) in product stewardship programs, where they exist. Local governments may choose to participate in informational, physical, and 8 7-16 Board Meeting January 23, 2008 Agenda Item 12 Attachment I (Final) frnanciai roles at their discretion according to the needs of their community and may require/negotiate compensation by producers or stewardship organizations. Informational:.Make product stewardship plans available to the public and assist in information dissemination. Ensure public access to performance information and evaluations. Physical or System Effectiveness: Responsible for exploring system effectiveness, as feasible, with producers and other stakeholders. Resulting.collection systems may include use of curbside or other services as negotiated between the local governments and the producers. Financial: Receive compensation for services. F. Haulers' and collectors' responsibility: Physical, Financial, Informational Physical or System Effectiveness: Meet standards or use best management practices for handling products and materials. Responsible for exploring system effectiveness, as feasible, with producers and other stakeholders. Resulting collection systems may include use of curbside or other services as negotiated between the haulers or collectors and the producers. ~ . Financial: Receive compensation for services. Information: Provide information to producers that can be used to design or label products to enhance recovery, G. Recyclers', dismantlers', processors' responsibility: Physical, Financial, Informational Physical or System Effectiveness: Meet standards or use best management practices for handling products and materials. Responsible for exploring system effectiveness, as feasible, with producers and other stakeholders. Financial: Receive compensation for services. Information: Provide information to producers that elm be used to design or label products to enhance recovery. H. Advisory Committees' and Working Groups' Responsibility: System effectiveness, Infor'mational This category applies to advisory committees, scientific peer review panels, technical coordination or problem-solving groups, inter-agency management coordination and working groups. These groups may be set up with or without government participation. Producers are encouraged to form groups with other stakeholders to identify and develop efficient systems for managing products and materials and reducing environmental impacts. 9 7-17 Board Meeting January 23, 2008 Agenda Item 12 Attachment I (Final) System Effectiveness: Participate in the developed of regulations and the design of measurement metrics to help ensure transparency and accountability. Informational: Advise State government on product or process-specific issues related to producer responsibility. Areas for contributions by technical working groups may include, but are not limited to: product. selection process and criteria; development of product performance standards and facility operation standards; options to finance EOL management of orphan and historic waste, compliance to ensure a level playing field among producers, including importers; coordination with existing environmental programs. 5. Governance . Staff recommends that the Board pursue statutory authority to develop and implement an overall product stewardship program through a public process. This authority should include, but is not necessarily lin1ited to, the following: . 1. Establish overall Extended Producer Responsibility regulations; 2. Subsequently determine initial products or product categories to be included; 3. Allow for the addition of new product categories in the fJture; 4. Allow for the creation and implementation of exemption criteria (determined by the Board) by which a producer may apply to have its product or products exempted from the EPR program. S. Establish targets, measurement, and reporting requirements; 6. Require coverage of new, historic, and orphan products; 7. Allow independent and collective manufacturer programs; 8. Establish plan submission and reporting requirements; 9. Establish and collect penalties for non-compliance; 10. Establish transparency and accountability mechanisms; ll. Require use where appropriate of front-end financing mechanisms (e.g., point-of- manufacture or point-of-sale) as opposed to end-of-life fees; 12. Require coverage throughout the state, both urban and rural, at a level necessary to meet performance standards; 13. Require use of performance standards (may cover product performance, EOL management systems, and recyclinglrecovery facilities); 14. Require adherence to the State's solid waste hierarchy or other mechanism to ensure products are managed for highest use or proper disposal if hazardous and not recyclable; 15. Require best management practices for handling and various types of collection systems; 16. Require mechanismsli..'1centives to drive product design for environmental improvement (e.g., toxics reduction, greenhouse gas reduction); and 17. Require marketing, outreach, training andlor education'of stakeholders, including outreach to consumers. 10 7-18 Board Meeting january 23, 2008 Agenda Item 12 Attachment 1 (Final) Provisions in the product stewardship plan may include, but would not be limited to, items 4-17 listed above. Legislation and regulations would further define the provisions covered in a plan, but not how each provision is to be implemented, as that would be defined in the product stewardship plan. There would be considerable flexibility allowing plans to be customized for individual producers and product categories. 6. Products/Product Categories Covered While criteria used to select products/product categories would be determined within the regulatory process following enacttnent of statute, there are some general concepts that should be addressed in that process. The list below includes factors that would likely be addressed during this process, although it is not meant to be exhaustive or prescriptive, nor is it presented in order of importance: 1. Total volume being disposed in landfills 2. Level of toxicity or hazard to human or environmental health 3. Total Iifecycle net environmental impact 4. Potential for net lifecyc1e impact improvement 5. Level ofmarketlinfrastructure currently in place 6. Effectiveness of programs currently in place, if any 7. Current impacts to local governments/general ratepayers 8. Usage trends (increasing, decreasing, steady) 9. Difficulty to manage iO. Existing problem with illegal dumping II 7-19 ~V?- ~ '"..i...."-. ,. ""~ .,0". '. ' .,' ~~~~ I Attachment C Finance Department Policies and Procedures em OF (HUlA VISTA AUTHORITY: Finance NEW POLICY: SUBJECT: Environmentally Preferable Products REVISED POLICY: SUPERSEDES: POLICY #: EFFECTIVE DATE: July 1, 2006 Page 1 of 2 PURPOSE This policy is enacted to encourage departments to purchase, whenever practical, environmentally preferable products to meet their needs. POLICY Departments are encouraged to actively seek out environmentally preferable products for use in day-to-day operations when quality, performance, price, and functionality are comparable to their non-environmentally preferable counterparts. SCOPE . All departments shall use environmentally preferable products whenever practical. Special emphasis shall be placed on the purchase of products manufactured with post-consumer recycled material. . If fitness and quality are equal, each department shall purchase recycled products instead of non-recycled products whenever recycled products are available at the same or lesser total cost than n'on-recycled products. . Departments may, at their option and with Purchasing Agent concurrence, require procurement of designated environmentally preferable products. However, there shall be a compelling reason for use of designated environmentally preferable products that may not be otherwise cost-effective. a Outside contractors and consultants shall use environmentally preferable products in performance of their duties related to City business whenever practical. a The City of Chula Vista shall promote the use of environmentally preferable products through proactive buying practices and reference in bid specifications. DEFINITIONS Environmentally Preferable Products - "Products that are more energy efficient, less toxic, less polluting, and which generate less waste overall." Total Cost of Ownership (TCO) - "A summation of all purchase, operating, and related costs for a product or service. TCO includes: acquisition, transportation, receiving, inspection, training, maintenance, operating, energy use, and disposal costs." -, _"n PROCEDURE Total cost of ownership shall be considered when purchasing environmentally preferable products. With some exceptions, environmentally preferable products shall only be purchased when cost-effective. Evaluation of product is an acceptable practice. RESPONSIBLE PARTY Each department is individually responsible for monitoring and ultimately requesting environmentally preferred progucts. The Purchasing Division will take the lead in including environmentally preferable product specifications in bid documents and citywide contracts, as appropriate. REPORTS All departments shall provide the City Manager with reports regarding purchase of environmentally preferable products in such form and at such intervals as the City Manager may direct. ~ '" RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE PURCHASING ENVIROi\i~rENTALL Y PREFERABLE PRODUCTS POLICY WHEREAS, approximately 205,000 tons of discarded materials and products are currently sent to disposal from the City of Chula Vista and over 40 million tons of waste are disposed of statewide on an annual basis; and WHEREAS, on February 8, 2006, California's Universal Waste Rule, found in Title 22, Division 4.5, Chapter 23 of the California Code of Regulations, became effective which bans the landfill disposal of certain products that are deemed hazardous, including household batteries, fluorescent bulbs and tubes, therrnostats and other items that contain mercury, as well as electronic devices such as video cassette recorders, microwave ovens, cellular phones, cordless phones, printers, and radios; and WHEREAS, staff anticipates that the list of products to be banned from landfills will continue to grow because treated wood was banned in January 2007 and sharps have been banned effective September 2008; and WHEREAS, Extended Producer Responsibility is a policy that extends the responsibility of producers, and all entities involved in the product chain, to reduce the impacts of a product and its packaging; and WHEREAS, Environmentally Preferable Purchasing means the procurement or acquisition of goods and services that have lesser or reduced effect on human health and the environment when compared with competing goods and services that serve the same purpose; and WHEREAS, Environmentally Preferable Purchasing comparisons take into consideration, to the extent' feasible, raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, disposal, energy efficiency, product perforrnance, durability, safety, the needs of the purchaser, and cost; and WHEREAS, the California Integrated Waste Management Board requires cities to adopt Environmentally Preferable Product Purchasing policies as a component of its grant terrns and conditions. J:\AltomeyIRESQ\PQUCYIEoviromnenlully Prefe,..."ble Purchasin!l: Pol;cy_tO.2\.08.doc 7-22 Resolution No. 2008- Page 2 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it adopts the attached Purchasing Environmentally Preferable Products Policy. Presented by Approved as to form by ~L~ (L.~l~d~ Bart Miesfeld . Interim City Attorney Jack Griffin Director of Public Works Presented by Maria Kachadoorian Director of Finance J:'.ArtorneylRESOIPOLlCY'Environmental1y Preferable P..m:hasing Policy _10-21-08.doc 7-23 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: PURCRA.SING Ei'iVIRONlVIENTALL Y POLICY PREFERABLE PRODUCTS ~~ER EFFECTIVE DATE PAGE 10/21/2008 lof2 ADOPTED BY: Resolution No. 2008- I DATED: 10/21/2008 AMENDED BY: Resolution No. (date ofresolution) PURPOSE: The purpose of this policy is to encourage departments to actively seek out environmentally preferable products for use in day-to-day operations when quality, performance, price, and functionality are comparable to their non-environmentally preferable counterparts. POLICY: The City of Chula Vista shall promote the use of environmentally preferable products and Extended Producer Responsibility through proactive buying practices. Departments shall purchase and use environmentally preferable products whenever practicable. Specifically, all departments shall purchase products manufactured with post-consumer recycled material. Departments shall purchase recycled products instead of non-recycled products whenever recycled products are available at the same or lesser total cost than non-recycled products and the fitness and quality are equal. Departments shall purchase products from venders that agree to collect and recycle their products when they reach the end of their useful life, through producer operated or producer funded collection and recycling programs, whenever practicable and at no additional cost to the City. Departments may, with the approval of the Purchasing Agent, require procurement of environmentally preferable products. Departments shall require outside contractors and consultants to use environmentally preferable products in the performance of their service, whenever practicable. SCOPE: This policy applies to all departments. DEFINITIONS: "Environmentally Preferable Products" means those products that are more energy efficient, less toxic, less polluting, and which generate less waste overall. 7-24 COUNCIL POLICY CITY OF CffiJLA VISTA SUBJECT: PURCH.A.SING ENVIRON'MENTALL Y POLICY PREFERA.BLEPRODUCTS ~ER EFFECTIVE DATE 10/21/2008 PAGE 20f2 ADOPTED BY: Resolution No. 2008- I DATED: 10/21/2008 AMENDED BY: Resolution No. (date ofresolution) "Environmentally Preferable Purchasing" means the procurement or acquisition of goods and services that have a lesser or reduced effect on human health and the environment when compared with competing goods or services that serve the same purpose. The comparison takes into consideration, to the extent feasible, raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, disposal, energy efficiency, product performance, durability, safety, the needs of the purchaser, and cost. "Extended Producer Responsibility" means the extension of the responsibility of producers, and all entities involved in the product chain, to reduce the impacts of a product and its packaging. "Total Cost of Ownership" means a summary of all purchase, operating, and related costs for a product or servIce, including the acquisition, transportation, receiving, inspection, training, maintenance, operating, energy use, and disposal costs. PROCEDURE: The Purchasing Department shall take the lead in including environmentally preferable product and service specifications in bid documents and Citywide contracts, as appropriate. Total cost of oVillership shall be considered when purchasing environmentally preferable products. With some exceptions, environmentally preferable products shall only be purchased when cost- effective. A department" wishing to require the use of an environmentally preferable product that may not be otherwise cost-effective shall deliver to the Purchasing Agent a ViTitten memorandum describing the compelling reasons for the use of envirolLrnentally preferable product. The Purchasing Agent shall review the memorandum and decide if the environmentally preferable product wi!! be required. The decision of the Purchasing Agent shall be final. RESPONSIBLE PARTY: Each department is responsible for purchasing environmentally preferred products, if practicable, and monitoring the product performance. REPORTS: Departments shall provide the City Manager with reports regarding purchase of environmentally preferable products in such form and at such times as the City Manager may direct. 7-25 CITY COUNCIL AGENDA STATEMENT ~Wf:. Cln' Of '....:~ (HUlA VISTA 10/21/2008, ItemL ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING lJPDATES Al'ID CHANGES TO THE RECYCLING AND SOLID WASTE PLANNING MA1'\IUAL MID AUTHORIZING THE CITY lvLA.-NAGER OR DESIGNEE TO .APPROVE FUTURE UPDATES TO THE MA1'\IUAL DIRECTOR OF PUBLIC WORKS @. J:- ~ =~) INTERIM CITY MA1".JAGER .::> 4/STHS VOTE: YES 0 NO 0 SUBMITTED BY: REVIEWED BY: SUMMARY On January 24, 2007, the Regional Water Quality Control Board adopted the National Pollutant Discharge Elimination System (NPDES) Municipal Permit. The Permit requires jurisdictions within San Diego County to develop and enforce actions 'that prohibit the discharge of pollutants into the City's storm waster conveyance systems. Adoption of the updates to the Recycling and Solid Waste Planning i'vIanual includes requirements for recycling and solid waste enclosures and storage areas in new industrial, commercial, and multi-family developments to be designed with solid roofs to prevent storm water contact with trash and recyclables. The resolution includes allowing future updates to the Recycling and Solid Waste Planning Manual to be made administratively with the approval of the City Manager or designee. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 7 categorical exemption pursuant to Section 15307 (Actions by Regulatory Agencies for Protection of Natural Resources) of the State CEQA Guidelines. Thus, no further environmental review is necessary RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The municipalities that discharge to San Diego Bay have established, through evaluation of 8-1 10/21/2008, Item~ Page 2 of2 urban runoffmonitoring data and potential pollutant sources, that bacteria is a high priority water quality problem in the San Diego Bay Watershed, as is the case throughout San Diego County. Decaying organic material that is usually found in trash dumpsters serves as a medium for bacterial growth. Often, trash dumpster lids in industrial, commercial, and multifamily developments are left open. Open trash dumpsters can attract birds and cause a nuisance. Furthermore, open trash dumpsters allow for exposure of trash to storm water during a rain event. When rainwater comes in contact with trash, it can become contaminated with bacteria, oil and grease, and nutrients. Rainfall into an open trash dumpster allows for these pollutants to be transported in the runoff. The resulting runoff from an open dumpster can contain pollutants that are discharged to a nearby storm drain, which eventually leads to San Diego Bay. By building solid rooftops on recycling and trash areas, new industrial, commercial, and multi- family developments can prevent storm water pollution through elimination of this possible source of pollutants. The solid rooftop shall be constntcted out of an impermeable material that excludes rainwater from the trash enclosure. Examples of materials that can be used for a rooftop are corrugated metal or plastic or tile roofing. As a result of the Stormwater pollution prevention action, the Recycling and Solid Waste Planning Manual, which was adopted by Council in January 2005, has been updated to include the proposed language. The Manual is made available to permit applicants from the Planning and Building Department, Public Works Department - Environmental Services Division and at multiple locations on the City web site. The Manual provides information for incorporating appropriate space for recycling and solid waste; items to be considered in recycling and solid waste planning for development projects; enclosure and storage area constntction requirements and contact infonnation for the Public Works Department - Environmental Services Division staff, should an applicant desire additional assistance or preliminary review of their plan. Adoption of the resolution will approve the changes to the Manual and authorize the City Manager or a designee to administratively approve future updates to the Manual. This will ensure that this document is updated in a timely manner. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(I) is not applicable to this decision. FISCAL IMPACT The requested actions will not impact the General Fund. ATTACHMENTS I. Strikeout version of the Recycling and Solid Waste Planning Manual 2. Modified Draft of the Recycling and Solid Waste Planning Manual Prepared by: LYIlII France, Environmental Services Program ivFonager alld Khosro Aminpour. Senior Civil Engineer. Departmenl a/Public Works 8-2 I Attachment 1 ~u?- ~~ ~. ~~~~ 6NVlRDNM6NTAL ~ S6RVlC6S ~ CITY OF . (HULA VISTA RECYCl~NG AND SOLID WASTE PLANNING MANUAL AdcD~ed by Ccu~cil ~es01u~icn 2005-023 ~~e~ded bv Cou~cil ~~sclut'on No. 2008- 276 Fourth Ave Chura Vista. CA 91910 www.chulavistaca.qov 8-3 ~q&;.. ~ ------~ ~~~ CITY OF I ::;NVIRDNMENTAL ~ CHUl.A VISTA SER.VICES ~ RECYCLING AND SOLID WASTE PLANNING GUIDE Table of Contents Page Section I Overview........................................................................................................ 3 Section II Recycling and Solid Waste Standards for ..................................................... 7 Curbside or Door-to-Door Service for Small Quantity Generators Section III Recycling and Solid Waste Standards for ................................. ....................8 Multi-Family Complexes-Central Collection-Bin Service Section IV Recycling and Solid Waste Standards for .......... .................................... 10 Commercial and Industrial Businesses-Central Collection-Bin Service Section V Recycling and Solid Waste Enclosure Standards ........................................11 Section VI Sample Drawinos of Enclosures ............... ..15 3 276 Fourth Ave Chula Vista, CA 9191Q www.chulavistaca.QOV 8-4 This paqe is intentionallY left blank 8-5 ~~f? ~ ~-:-_-~ - - ~...... I SNV1RDNM6NTAL ~ S6RVIC-6S ~ CITY OF CHULA.. VISTA Recvclinq and Solid Waste Planninq Manual I 1 - OVERVIEW The State of California has mandated t'1at at least 50% of the solid waste generated be diverted from landfills. Therefore, each applicant for a ef-a development, subdivision,_ major construction proiect or demolition project (including new public facilities) is required to develop ::md submit a Recycling and Solid Waste Plan within their drawinqs to ensure that aporopriate space has been allocated to recvclinq and solid waste accumulation. storaqe. and collection so that the future occupants will have the abilitv to participate in the City's solid waste and recvclinq proqrams. Plans for vour new proiect will be reviewed by the Environmental Services Division to ensure adequate space has been allotted to recvclinq and solid waste activities. Your desiqn should include the steps the applicant'occupant will take to meet the local and State mandates and recycle the Desionated Recyclable materials as defined in Chula Vista Municipal Code Chapter 8.25. Plans are subiect to approval by the Citv Manaqer or desiqnee. Additionally a Construction and Demolition Waste Manaqement Report and performance deposit. for construction and demolition covered proiects is required as a comoonent of the permit approval process. (CVMC 8.25.095).GS 3 p3rt of tho 3ppra"GI prooess. For more details on the Construction and Demolition Waste Manaqement Report Form and performance deposit requirements 00 to hltp:///www.chu[avistaca.qov/clean/environmentalservices or contact the Environmental Services Division at (619) 691-5122 environmentalservices@ci.chula-vista.ca.us Tho PI::m neust oascribc tho stGpe the opplic3nt 'Nil' tGko to moot tho 10031 ono State m3ndGtes ::lnd reo,'ole tho DesignGtod Recyclable mGtariGls os defined in ChulG Vist3 M~nioipol Cmie Ch3pter @.25. Plo".s Gre subject to Gppravol by tho City MonogN or his d::Jclgneo. Desi!'ln3ted Reoycla13les ;nclu~G: Resisential recyolable" thosespeoiflc recyolGble motcri31s from roeidentiol solid ,,\'osto (siegle romily ono multi fomll,') ;nol"di,1g byt r.ot 'imited :0, oluminum, g'ose bc~l~s ond jGre, pl3etio bottles, tin and bi molal oons, newspoporc, mi)md poper (mog3zinos, ;",1k "'311, t31ophone booke, poporbook books, and boxboorg) cordboord, white gOCJds 3r,d prd WOS:3. Commercial reoycl3bles gecignotog recyolGblc motoriols from offioe ong hospitolity inguctrios. Moto"iols ;noludc but ore not limbd to, 0,"00 paper, 03rdboo"g, 913SO bottles or.d jO"S, plGstio bottles, oluminum, tin ong bi metol cons, ong '"hite goods. Insu"trial recyolaeles roc)'olob!o moterio! from industei31, oonstru~tic:-. o"d :orr.olition ope"otions incluging, but not limited to oOpholt, oonoreto, dirt, lond clooring bruch, sand ang rook. Items to be considered in your planninq process: The fo[lowing ore items to be oonsigered 'Nhen designing YCJur projoot ond ehouiGl be Gddr3ssog in your Pion. You must inoluoe a oGreGtivo t~::lt thorOUgh!)' gescr;bos )'o'Jr peojoot'c wosto roduotion 3nd recyoling octivities. If )'ou hO'/o questions or neeg olorificotion, yo',,: m3Y cont::lot tho City CO."'ser:Gtion 3nd Environmontol >:oo:ioos Dep3rtment Gt (619) ,,91 5122 or COEls21yation:!iCei.ehula ',icta.ca.uc oe t~,o City's 'I.'ob cite 'NNw.ohuI3'.'istoo3.Qov. ;;:ubmit your Reoys!iR!j 3RS SeNff 1'/3,;10 MOR3!jement Pion with your opplicatien for 0 disoretiono."/ permit to tho Chulo Visto PIGnning DepGrtment f.or oppro'l3I. Inc'ude a short nGrroti'/e ::lbou! 'iour "Ion implement3tion ong oporotion within the "Notas" Gn ,08r plans. 5 276 Fourth Ave Chula Vista, CA 91910 WNW.chulavistaca.aov 8-6 Identify the recycling and trash space allocated within your project, as this will dictate how well your occupants will be able to participate in the various City recvclinq programs, how much they will recycle and how much they can save. Make sure your infrastructure planning allows your future occupants the ability to avail themselves of all recycling and solid waste services. Your plan~ must provide adequate space to properly store all the solid waste and recyclables generated on the site in approved containers between service days. The plan~ must also allocate space in a manner that provides occupants with the opportunity to divert all the Designated Recyclables generated at the site. Desiqnated Recvclables include: Residential recyclables - those specific recvclable materials from residential solid waste (sinqle-familv and multi-family) includinq but not limited to. aluminum. qlass bottles and iars. plastic bottles tin and bi-metal cans. newspapers mixed paper (maqazines. junk mail telephone books. paperback books. and boxboard) cardboard. white qoods and vard waste. Commercial recvclables - desiqnated recvclable materials from office and hospitalitv industries. Materials include but are not limited to office paper. cardboard, qlass bottles and lars plastic bottles. aluminum. tin and bi-metal cans and white qoods. Industrial recyclables - recvclable material from industrial. construction and demolition ooerations includino. but not limited to asphalt. concrete. dirt. land-c1earinq brush. sand and rock. Your plan~ needs to describe how the recycling and solid waste infrastructure will be utilized by the occupants and maintained on an on-going basis, such as: o Include solid waste and recycling requirements and information in your CC&Rs, employee/owner/tenant orientations, policy manuals, and lease agreements. Include the draft language for these items in your Plan. o Show where residents will store containers during the week and where they will be placed on service day; where and how bulky items, Holiday trees and used motor oil will be placed for collection. ' o If contracting with a landscaper, your plan must demonstrate that you will require all yard waste to be diverted for reuse, either through on-site mulching, grasscycling, a permitted compost facility or for reuse at the landfill - not disposal. Your plan shall establish the requirement to obtain receipts from the contractor demonstrating that the material was recycled or composted. Those receipts shall be maintained for eighteen (18) months and be available to City staff for review upon two days notice during regular business hours. . a Color code containers and provide graphic signs that instruct occupants/customers to separate materials in the containers used to transport recyclables and trash to the outdoor enclosure. o Place recycling containers next to all trash containers -("twinning"). o Review your operations at least annually. Contact the city for a free waste audit to improve business recycling productivity, reduce waste and keep your solid waste and recycling services cost-effective and up to date. Small Quantity Generators (SQG - curbside service for residents and small businesses) can control their monthly costs by reducing their trash volume through weekly trash and recycling collection, bulky item collection, yard waste collection, used oil and oil filter collection, Holiday tree collection, and two annual landfill passes and two annual yard waste passes. (See service brochures for details on these programs at www.chulavistaca.Dov/CLE..<\N/Environmentalservices.) Large Quantity Generators (LQG - commercial, multi-family and industrial projects with central collection service) can control or reduce their costs by taking advantage of recycling savings. Restaurants and 8-7 C1nOF I eNVIRONMeNTAL ~ CHUlA VISTA SeRVrc.es ~ other hospitality facilities can obtain free food-beverage container collection service. ~u~ ;.~--: -----~ _...oo:;...-~ - -_..-.:.---.:-... EstimatinQ Trash Service Capacity Needs for Central Bin Collection in Multi-familv Complexes After estimating the required trash service - pair each trash bin with the required recycling service and design enclosures appropriately. Multi.family Complex Service Needs Table Cubic yards per # Bedrooms per unit unit per wk. Studios-18r. 0.33 1-2 Br. 0.36 2-4 Br. OAO Calculation' + Product of bin size X # Of cubic : Total Total cubic times . yards per unit cubic yards of days a week servic~ # Of units in complex from Service yards of service (example: 100, 3-bedroom Needs Table service needed pe (4 yd bin X 2 days) = Number of trash units) above needed pe week enclosures required week 100 XOA : 40 40 +8 -5 LOQistical Considerations: . Weeklv trash and food/beverage container recycling collection is the minimum requirement. All multi-family, commercial, industrial and public facility properties may subscribe to service that is more frequent. . Small Quantity Generators (SQG - curbside collection) place two or more 96-gallon or smaller trash and recycling carts at the curb for weekly collection on their assigned collection day. These customers also receive yard waste, bulky-item, used oil and oil filter collection services. Therefore there must be curbside space for these containers with one and a half (11/2) feet, approximately eighteen inches, between each cart and any stationary objects (e.g. parked cars), on service day. . All properties must have adequate space to accommodate bin and/or cart storage for waste and recyclable materials separately and out of public view in-between collection days. The City strongly recommends that commercial properties plan for no more than three collections per week and that multi-family properties plan for no more than twice per week service. For details on enclosure design requirements see Enclosure and Chute Design Requirements - Central Collection. . Twinning - design so that recycling containers are placed with each trash receptacle. . On a mixed-use site, the Recycling and Solid Waste Management Plan generally follows the space allocation criteria for each use category (i.e. single-family, multi-family, commercial, curbside collection, or central collection). 7 276 Fourth Ave Chula Vista. CA 91910 www.chulavistaca.aov 8-8 o Public facilities shall implement the service category that best fits the facility use, always twinning recycling and trash containers for ease, convenience and to minimize the contamination of recyclable materials. . 0 . Offices typically generate a waste stream with' 40% to 60% mixed paper. Mixed paper includes: office paper, cardboard, junk mail, magazines, telephone books, box board, etc. Carbon paper or sinGle use items such as tissues and paper towels are not recyclable and must be com posted or placed in the trash. o If your business will consistently generate a large amount of wooden pallets, food waste, five- gallon plastic buckets or another potentially' recyclable item~ you may contact the City~ Concerv3ticn ::me E;n'lironmont31 "orlices De~ertmontEnvironmental Services Division or ~ WCicto corlicosAllied Waste Services for recycling market assistance. o If vour business manufactures a product and would like to include recycled materials in the feedstock please contact the Environmental Services Division. The City of Chula Vista is part of the South San Dieqo County RecyclinG Market Development Zone. Staff can help you with sourcinG feedstock or markets for larqe volumes of recyclable waste materials. and can determine if your operation mav qualify for low interest loans from the California Inteorated Waste Manaqement Board. Go to www.ciwmb.ca.qov/RMDZlSanDieqo/formoredetails. o Design in a manner that facilitates the following priorities: reduce, reuse, recycle, compost and dispose. Examples: D Residential kitchens: Ample space for trash and recycling bins under sinks or in cabinetry for separation of Designated Recyclables. D Show where residents will store carts during the week on their property and where they will be placed at the curb on collection day. D Outdoor dining, lounge areas and public facilities: Plan for trash and Designated Recyclables collection containers side-by-side (twinning). D Copy and print rooms: Allow space for both trash and paper recycling containers side by side to encourage diversion. . D Bars and dining areas: Incorporate space for recycling of all food and beverage containers, specifically, along with other Designated Recyclables as appropriate. D Recreation Centers and Community Pools: Plan for trash and Designated Recyclables collection containers side-by-side (twinning.) o Residential automated collection vehicles collect materials from the right side of the vehicle only. o Commercial collection vehicles collect materials at the front of the vehicle. o If the collection truck must enter your property to service bins, the truck must be able to circulate the parking area without backinG up. Collection vehicles have a turning radius of 37.1 ft.. are approximately 35 feet long (curbside collection bucket adds 7 feet to the length for a total of 42 feet) and 8 feet wide. To Complete your Plan: o Review the ~rojoct docign shootmanual section that applies to. your project: residential, commercial or industrial. o Write a thorough description of how you will implement your Recycling and Solid Waste Management Plan through each phase of the project: pre-construction. construction. and operation/occupancy. o Submit your Recycling and Solid Waste Management Plan with your projcct Jon vour site drawinqs and submit to the ppliGo:ic~ te :ho Chula Vista Planning Department for approval. 8-9 CITY OF I. eNVIRONMeNTAL a CHULA \1STA seRVIces ~ Include a short narrative about your plan implementation and operation within your "Notes" on your building pl:lnsdrawinqs. CONTACTS: ~\~ ~~ ~ ~ - - -- . For service day information or other collection clarification, contact PaGiiiBAllied Waste Services at (619) 421-9400. PaGiiiBAllied's representative will be available to review plans for accessibility, equipment types, do site visits and arrange for recycling services. . Contact the City's Conscr.'3:ion and Environmental Services DopartrnontDivision for a list of construction and demolition material recycling processors and/or service brochures for recvclinq and solid waste program details. Or check the City's web site at ,^ww.chula"istaca.gov/CLE.."u'i and click on Environmental Servicesc -Staff is also available to assist you with your recycling program and your solid waste management plan (619) 691-5122. Recycling and Solid Waste Plans are subject to approval by the City Manager or Ai&-designee. 9 276 Fourth Ave Chula Vista, CA 91910 www.chulavistaca.cav 8-10 2 - RECYCLING AND SOLID WASTE STANDARDS FOR CURBSIDE OR DOOR-TO-DOOR SERVICE FOR SMALL QUANTITY GENERATORS Small Quantity Generators receive weekly recyclables, yard waste and trash collection, bulky items pick up, used motor oil and oil filter collection services. Include in your site plan defined location(s) where the trash, recycling and yard waste carts will be stored in-between service days, out of public view, and where they will be placed at the curb for collection on service days. All residential dwellings with curbside or door-to-door collection must be designed to allow for weekly placement and collection of trash, yard waste and recycling containers at the curb. There must be space at the curb for a minimum of three containers (trash, recyclables and green waste), 3pproxim3(31)' approximatelv eighteen inches apart, for each dwellino unit. The City must pre-approve alley collection. The automated collection vehicle services the containers from the right side (curbside) of the vehicle. Condominiums with no private landscaping can provide space for two carts (trash and recycling, eliminating yard waste) per unit. However, condominiums must have an enclosure on the property, sufficient for yard waste bins, to serve the common areas. If contracting with a landscaper, your plan must demonstrate that you will require that all yard waste be diverted for reuse, either through on-site mulching, grasscycling, a permitted compost facility or for reuse at the landfill - not disposal. Your plan shall establish the requirement to obtain receipts from the contractor demonstrating that the material was recycled or composted. Those receipts shall be maintained for eighteen (18) months and be available to City s'talf for review upon two days notice during regular business hours. See the' Siegle 'omil)' Residential Roc)'cling Guid3 3.',d Tr:Jch Son/ico Brochure Environmental Services Brochure for detailed information on all available services for single-family residential customers at www.chulavistaca.qov. ~v~ ~~ Ofr.: :i,;f,,:c;~ Yard Waste CONTACTS: . For service day information or other collection clarification, contact P:Jci~c \^!3stc ~8r\'icosAllied Waste Sen/ices at (619) 421-9400. P:Jcific'sAllied's representative will be available to review plans for accessibility, equipment types, do site visits and arrange for recycling services. . The City's C8~SO."".'Jtjo"", :lnd ~;;'.'ir~nr.lor.t;J~ S::,'",,'ico:: C;o,c:Jrtmcn:Environmental Services mayOivision mav be reached at (619) 691-5122 or conson/:JtiontEilsi.ch'Jla'list3.C3.UC environmentalservices@ci.chula-vista.ca.us I Recycling and Solid Waste Plans are subject to approval by the City Manager or ffi&.{jesignee. 8-11 ~u~ ;;~ --: ~ ~~-~ I C'NVIRDNMC'NTALA SC'RVICC'S ~ CITY OF CHUI.A VISTA 3 - RECYCLING AND SOLID WASTE STANDARDS FOR MULTI-FAMILY COMPLEXES CENTRAL COLLECTION - BIN SERVICE The Residential Waste Stream typically includes the following recyclables: 40% paper, 10% metal, glass and plastic containers and 30% yard waste (apartments/condos usually generate only 7% to 15% yard waste from common areas). Residential services include recyclables, yard waste and trash collection and bulky item pick up. Review the service brochures for details on each of these services and how to prepare materials for collection in these programs. Multi-family Housing with Central Collection . Trash and mhoa papcr recycling bins and "igia container roc~'cIing car:s must be in the same I enclosure(s) and must allow access without having to move other containers out of the way. Please see attachments for samples of enclosure drawinqs. SAf1Plt ONLY . All bins should be placed in the enclosure out of public view. If bins are placed front-to-front, leave at least 3 feet between bins for access. The design must provide easy access for the residents ana allow the hauler access to service bins and/or carts without moving other bins/carts out of the way. . Design for approximately, one, 4-cubic yard bin for trash service for every 8-12 units depending on the number of bedrooms per unit. See estimating formula in Section 1. Then add the required recycling services for each enclosure. The City strongly recommends that you ao not assume more than twice per week collection service to limit the number of collection truck trips on your property. . Include an enclosure of appropriate size for centralized collection of yard waste. If contracting with a landscaper, make certain to include in your contract the requirement that all yard waste must be diverted for reuse, either through on-site mulching, grasscycling, a pemnitted compost facility or for reuse at the landfill - not disposal. Include the requirement to receive copies of receipts to verify diversion. . All projects with six or more units shall provide additional space that is sufficient for the free monthly bulky collection (mattresses, appliances, furniture), free annual Holiday Tree recycling and other periodic or seasonal events. Approximately 400 square feet is required for a complex of 40 units or more. . If the collection truck must enter your property to service bins, the tnuck must be able to circulate the parking area without backinq uP. Collection vehicles have a turning radius of 37.1 ft. are approximately 35 feet long (curbside collection bucket adds 7 feet to the length for a total of 42 feet) and 8 feet wide. See the Multi-family service brochure for more information on residents' services. www.chula-vistaca.qov. Trash and Recycling Chutes . If a facility plans to provide chutes, the City ~ill -require that you provide lRfeetwo chutes adjacent to one another in each disposal and recycling area. One chute identified for mixca ~3~er recyclables, one shut" ;::en:;fiod fa" bcttlos 3na cons, and one chute identified for trash. Other options may be proposed by first consulting the CitL's Consor/ation Coorainator. . The driver must be able to service bins without moving other bins in the chute rooms. 11. 276 Fourth Ave Chula Vista, CA 91910 I/IIW\N. chu lavistaca. aov 8-12 . It is strongly recommended that you provide an enclosure(s) on site for corrugated cardboard as boxes may clog your trash and recycling chutes. If enough space is provided, the enclosure can also be used for free bulky collection, Holiday tree collection and other periodic or seasonal services. CONTACTS: . For service day infomration or other collection clarification, contact P~cifis W~ctc Sor;icosAllied Waste Services 'at (619) 421-9400. P3cifio'cAllied's representative will be available to review plans for accessibility, equipment types, do site visits and arrange for recycling services. . The City's Com:er/3tion ~nd fin'/ironment31 Ser,ioos Dep3rtncontEnvironmental Services mayDivision may be reached at (619) 691-5122 or concor/CltienfCieich'JI3 ';icheG.us environmentalservices@ci.chura-vista.ca.us I Recycling and Solid Waste Plans are subject to approval by the City Manager or RiB designee. 8-13 ~u~ ~ ~ -- ~~ - --~- CITY OF CHUl.A VISTA I 5'NVfRDNM5'NTAL ~ S5'RVrC-FS ~ 4 - RECYCLING AND SOLID WASTE STANDARDS FOR COMMERCIAL AND INDUSTRIAL BUSINESSES- CENTRAL COLLECTION - BIN SERVICE The Commercial Waste Stream varies by the type of business, but typically includes the following recyclables: 40-60% paper, 5% metal, glass and plastic containers (10%-15% for food service businesses) and 15% yard waste (or pre-consumer food waste that can be recycled with yard waste). . Commerciai and industrial properties must have enclosure space and numbers of bins or carts adequate to divert the Designated Recyclables generated on their property. . . Trash and recycling bins or carts must be placed in the same enclosures. . Yard waste must be separated from the trash. Plan for adequate container volume and service intervals to divert yard waste (tree, brush or grass trimmings) generated at your business. If contracting with a landscaper, your plan must demonstrate that you will require that all yard waste be diverted for reuse, either through on-site mulching, grasscycling, a permitted compost facility or for reuse at the landfill - not disposal. Your plan shall establish the requirement to obtain receipts from the contractor demonstrating that the material was recycled or composted. Those receipts shall be maintained for eighteen (18) months and be available to City staff for review upon two-days notice during regular business hours. . Each business should allocate space, in each enclosure, for at least one mixed popor bin ond one rigid cent=!nor cort recvclinq bin along with lRBif-trash disposal service requirements. . The City may require that the enclosure include additional space and access for other ancillary services (i.e. restaurants-grease collection, auto repair-scrap metal collection, etc., where applicable). COMPACTORS: . Commercial compactors are not recommended for trash service. Compactors must be pre- approved by the City's franchise hauler, Pcci~c V'!;:s:c Scr;;cosAllied Waste Services and the City Consor;ction Dnd Er'/ircnmontGI Sar/icGs C'opcrtmantEnvironmental Services ,Division. (See Municipal Code S 8.24.080.B) . A business that is using a compactor muststill divert Designated Recyclables: paper, cardboard, food and beverage containers, yard waste, clean lumber and metals, etc. (See Municipal Code Chapter 8.25). CONTACTS: . For service day information or other collection clarification, contact Poc;fic Wostc Sor/iwsAllied Waste Services at (619) 421-9400. Pocific'sAllied's representative will be available to review pians for accessibility, equipment types, do site visits and arrange for recycling services. . The City's Consor/otion 3nd En';;ronmontol S3r;icos Dop3rtmontEnvironmental Services mayDivision may be reached at (619) 691-5122 or ccnson/otion@ci.chuI3 \'ist3.03."S environ mentalservices@ci.chuia-vista.ca.us Recycling and Solid Waste Plans are subject to approval by the City Manager or ms designee. 13 276 Fourth Ave Chula Vista, CA 91910 www.chulavistaca.qov 8-14 I 5 - RECYCLING AND SOLID WASTE ENCLOSURE STANDARDS I The following minimum bin and cart dimensions are to be used wMen designing your enclosures. I Bin Dimensions Heiqht Depth Width (Allow 2 inches oer bin dimension for access/maneuverabilitv) I 4 cubic yards (min. size to plan for trash & mixed paper) 66" 56" 81" I 5 cubic yards (Iaraer bins orovided at City/hauler discretion) 66" 68" 81" I 6 cubic yards (no wheels direct truck access) 72" 70" 81" Cart Dimensions Heiqht Depth Width (Allow 1 inch per cart dimension for access/maneuverability. Dimensions are the maximum size.) I 96 Gallon Carts (for Desianated Recyclables. yard waste and trash) 44 36 32" 0 Trash enclosures should be as far away from storm drain inlets as possible. Enclosures shall have solid rooftops and shall be constructed out of an imoermeable material that excludes rainwater from the trash enclosures. 0 All trash enclosures shall be paved with an impervious surface, designed not to allow water run-on o from adjoining areas, and shall be screened or walled to prevent off-site transport of trash. Wheel stops for bins and carts must be configured such that they provide 8-inch bin clearance from all three walls, 6 inches high is recommended. Doors must be anchored to appropriately sized steel posts (min. 2 inches by 3/16 gauge steel) set independently from walls. Cane bolts, dropped into sleeved holes in the concrete, to hold doors in both the open and closed position are required. Enclosures andief containers within the enclosure, must have covers designed to reduce pests, illegal disposal and exclude rain. (See Municipal Code 19.58.340) o o I 0 o The fiat reinforced concrete pad (approximately 24 feet X 12 feet, no decorative stamping or brickworkJcobblestones) in front of the enclosure should extend beyond the enclosure to provide sufficient space to allow: o The truck to stop in front of the enclosure with the front wheels resting on the concrete pad: o The bins to be rolled out of the enclosure and; o The bin to be positioned in front of the truck without moving the truck. o There must be enough enclosures in the project to provide convenient and sufficient capacity to handle the volume of recyclables and waste generated between collections. o Each enclosure must be designed and sized appropriately to accommodate bins and/or carts for the Designated Recyclables and solid waste generated on the property. All properties are required to allocate space to recycle all Designated Recyclables. o Enclosures must be designed so that trash, paper, rigid containers, and yard waste containers may be accessed by the generator and serviced by the collection company without moving other bins or carts. Recommendation: A separate pedestrian access door will save ,'ou I3r~G dooraate repairs, prevent illegal disposal and is safer for the generator to use. 8-15 ~u~ ~ ~ """""'...00:;....- ~ ~ -:"'-:;"'"""to- ClTYOF I eNVIRONMeNTAL A CHUL<\ VISTA seRVIces ~. . The City may require that the enclosure include additional space and access for other ancillary seNices i.e. restaurants - grease collection, auto repair - scrap metal collection, etc. where applicable . Each enclosure must be located on the site plan and the bin and carts placement inside the enclosure clearly identified - R= mixod p3por recycling; C-:onl3inor -ool'oling; y;' _yard waste recycling; WI= waste or trash. See attachments for samales of enclosure drawinos. Enclosure Location . Reduce or eliminate the need for collection trucks to drive onto private property whenever possible. . If you place the enclosure within 25' of the public thoroughfare, the hauler will roll bins and carts to the street for seNice at no additional charge. . The hauler is authorized to add a seNice surcharge if they cannot drive to within 25' of the enclosure. . If the collection truck must enter your property to seNice bins the truck must be able to circulate the parking area without backing up. Trucks are approximately 35 - 42 feet long, 8 feet wide and a have a turning radius of 37.1 feet. . Do not put speed bumps, stamped concrete, cobblestones or other obstacles in front of enclosures that would impede the access of the vehicle or bin rollout. Truck and bins must be on a fiat. concrete surface when being seNiced. . Whenever possible enclosures for apartments and condominiums should be geographically distributed in a manner that is convenient for residents. . Enclosures in commercial settings and public facilities should consider proximity to seNice doors, traffic fiow, delivery patterns, etc. Trash and Recycling Chutes . If a facility plans to provide chutes, the City may require" that you provide tl+Feetwo chutes adjacent to one another in each disposal and recycling area. One chute identified for r:lixod ?apor recyclables, ona ch"to identified for bo~tles and oone, and one chute identified for trash. Other options may be proposed by first consulting the City,'s Cgnsor:ation Coordin3'or. . The driver must be able to seNice bins without moving other bins in the chute rooms. . It is strongly recommended that you provide an enclosure(s) on site for corrugated cardboard collection bin(s) as boxes may clog your trash and recycling chutes. If enough space is provided, the enclosure can also be used for free bulky collection, Holiday tree collection and other periodic or seasonal seNices. CONTACTS: . For seNice day information or other collection clarification, contact P3cifio W3sto Sor:icosAllied Waste Services at (619) 421-9400. Peeifo'sAllied's representative is available to review plans for accessibility, equipment approval, do a site visit and arrange for recycling seNices during all phases, construction through occupancy. The City's Conse":Gtien Gnd Environment31 Ser:'eGc mayOivision may be reached at (619) 691-5122 or e nv iron m en tal se rvices@ci.chula-vista.ca.us. Recycling and Solid Waste Plans are subject to approval by the City Manager or Ai&-designee. DOpGrtmontEnvironmental Services cencc r:Jtion (Gei. eh u;]1 'list;]. e3. ucor . 15 276 Fourth Ave Chula Vista, CA 91910 www.chulavlstaca.qov 8-16 [I 6 - SAMPLE DRAWINGS OF ENCLOSURES 8-17 TOP VI EW II', (\j (\j ::0 G I c" " . - - CONCRETE PAD SOLID ROOF COVER1NG o I 'l" ';":'" ',' '. '" J . . ... . ... .... ~.. ~.\:. ,,':l;",:: .':8<:771' ': :,'. I '. .... ...,. ". .~ '7i .~.. ... ... " .. '" r ...... '.. /..:. -<.." ".. . ~ .. .. '" ,," ' :' ~ .- .1 '. .. .".. ; ~. .. " /.' .~ ~. " ~. . .", .... .. ~. '. .... . , 4.. ._' .." ., . CONCRFTF:, < ,_ ' APRON' ~: ..01.. . ',' . ".l,,:' .'. <" .... , .., ..". ." " ,', .. . ~;'..' .. .t.. ....... ," " ,,- (\j NOT~SI ., 8' X 6' VHEEL CURB ALL AROUND STRUCTURE, TO PREVENT BIN FROM HITTING 'WALLS ~, DOORS HUNG INDEPENDENTLY FROM VALLS ON STEEL POSTS 3, DEAD BOLT ANCHOR HOLES FOR DuORS IN Tr-:.:E OPEN .o.ND CLOSED ?OSITIIJNS, (RECOMMEND PLASTIC OR METAL PIPE TO LINE THE IJHOLD t '"' I ::0 j j j ! I L~ (., c ~0 '\ 00 ~-o '" .. 5, ENCLOSURE COVERS SHOULD HAVE 7 <SEVEN) FEET HEIGHT CLEARANCE: SO THAT LIDS MAY OPEN o. 5' - 6' HIGH STEEL GATE:S 7, 4' X 4' X l1;' STRUCTURAL STEEL POST SET INDEPENDENTL Y FROM VALLS (TYP,) 8, 6' X 12' JOIST - TOENAIL TO GRAB BE~M (TYPJ 9, 2' X 10' GR~B BEAM - FASTEN TO POST IJITH i' G,AL VANIZED CARR!AGE BOLTS ,AND \J,~SHE,~S <TY.o.) la, ALL PERMITS AND PLANS MUST BE SUBMITTED TO CITY FOR APPRDVAL. 4. A (12) T\JEL v:: -FOOT CONCRETE APRDN/PAD THAT E:XTE~DS A?P,~DXI)o1A T:::L Y T\lD FEET ON EITHER ~ND OF THE ENCLOSURE FOR THE TRUCK TO PARK AS IT PICKS UP THE CONTAINERS ORA WN 8Y.' PCltN G, SAN PEDRO DA IE: _HEET I .1-,15-04 OF J SHT5. TilLE: CITY OF CHULA VISTA SAMPLEs~~~~~8~~~LOSURE PREPARED BY: POTEN G, SAN PEDRO APPROvtD BY: JEFF MONEDA RIGHT SiDE VIEW .N(;I .11:-;lJl-:l< POST. ': ^ - c: :0 =~ ~ ,l ::^ ~ ::-=: " I =:=\=:=:(::-:: ~ c:==-:\::: \ I ~~<'~J;i,:j1 '1~~:jIj'~ ;;;lo:)l;..;lj ~aG',r,. y~~~. I~I' 5 NnTF.:$1 1. 8" X 6'" wHEEL CURB ALL ARr:JUND STRUCTURE. TO PREVENT BIN FROM HITTING \JALLS 2, DODRS HUNG INDEPENDENTLY FROM VALLS ON STE~L POSTS 3. DEAD BOLT ANCHOR HDLES ~DR DOORS IN THE OPEN AND CLOSED POSITIONS, (RECOMMEND PLASTIC OR METAL PIPE: TO LINE THE VHOLD 4. A (12) TwELVE-FiJOT CONCRETE .A.?RDN/PAD TH..q EXTENDS APPRDXIMAT:::L Y TwD FE:::T ON EITHE~ SND OF THE ENCLOSURE FOR THE TRUCK TO PARK AS IT PICKS UP THE CDNTAINERS ORA WN 8Y' i7Tl POTEN G, SAN PEDRO I LE: DA Ie: SHD:.I 2 1-16-04 OF 3 SHTS. . 13' wm SOUD ,~DOF COV::RING -._-. .1)11111-:'. PER CITY REQUIREMEi'HS :A-:: : I ...J ...J <[ )J: liJ' w z c-; H ...J c-; :J !"1. 5. ENCLOSURE COVERS SHOULD HAVE 7 (SEVEN) FEET HEIGHT CL::ARANCE SO THAT LIDS MAY OPEN D. '5' - 6' HIGH STEEL G~,TES 7. 4' X 4' X ,1;' STRUCTURAL STEEL POST SET INDEPENDENTL y r~OM \.IALLS <TYP') 8, 6' X 12' JOIST - TOENAIL TO GRAB BEAM <T'fP.) 9, 2' X 10' GRAB BEAM - FASTEN TO POST ',.lITH ~' GAL VANIZED C~.RRI,o,G::: 30L is AND VASHE~S <TYP,) 10. ALL PERMITS AN] PLANS MUST 3E SUBMIHED TO CITY ,OR APPROVAL, CITY OF CHULA VISTA SAMPLE TRASf, J:NCLOSURE SCALE?'1'1 '2. 5' PREPAlfED BY: POTEN G. SAN PEDRO APPHOVED BY: J[FF MONEOA ~,~-.. .. ". :.-" FRONT SIDE VIEW 01 1 I I I 6' 10' I ! I ! ~ 1. 84 X 6' \JHEEL CURE ALL .~ROUND STRUCTURE, TO PREvENT erN F.~OM HITTING \J.a.LLS ~ DOORS HUNG [NDE?~NDENTLY FROM VALLS ON STEEL POSTS 3. DEAD BOLT ANCHOR HOLES FOR DOORS rN THE OPEN AND CLOSED POSrTIDNS, (RECOHMEND PLASTlC OR METAL P1PE TO UNE THE "HDLD 4. A (12) TwELVE-FOOT CONCRETE APRON/PAD T:-!.~T EXTENDS APPROXIMATELY TwO FEET ON EITHER END OF THE ENCLOSURE FOR THE TRUCK TO PARK AS n prCKS UP THE CONTAINERS OR Al11V BY: PO TEN G. SAN PEDRO DA It: I SHEET 3 /-/5-04 OF 3 SHTS. 22' 16' SOLID = COVERING H h 6' r~ *-~ 8'-4' I t. 6' t. III.C!J 0.w 8' f 5. ENCLOSURE COVERS SHOULD HA'IE 7 (SEVEN) FEE HEIGHT CLEA~ANCE SO THAT L[DS MAY OFEN 6, 5' - 6" HIGH STEEL GATES 7, 4~ X 4" X $- STRUCTURAL ST~EL POST SET INDEPENDENTL Y FROM wALLS <TYP.) a 6' x 12' JorST - TDENAfL TO GRAB BEAM CTYP.l 9, 2" X 10" GRAB 8E,o..M - FASTEN TO POST w1TH a- GALVANIZED CARRIAGE BDL IS AND \lASHERS <T P,) 10. ALL PERMITS AND PLANS MUST BE SUBMITTED TO CITY FOR APPROV.c..L, CITY OF CHUlA VISTA SAMPLE TRASH ENCLOSURE sc ~.' TI iLL PREPARED BY: PO TEN G. SAN PE RO APPRO 'lED BY: JEFF MONEDA I Attachment 2 I ~J~ ~ ~J:.,."y.~j;~;S;-f;;;,_"~:'~r _ -""""'._.~ ~-~--- ~""'"~~ eNVIRONMeNTAL AfA. SeRVICeS ~ CITY Of (HUlA VISTA RECYCLING AND SOLID WASTE PLANNING MANUAL Adopted by Council Resolution 2005-023 Amended by Council Resolution No. 2008- 276 Fourth Ave Chula Vista, CA 91910 WW\N. chulavistaca.gov 8-21 ~u?- ~ ~...;;;;::~~ ~~~- C11YOF I ENVIR.ONMENTALAfA CHULA VISTA SER.VIC.ES ~ RECYCLING AND SOLID WASTE PLANNING GUIDE Table of Contents Page Section I Overview........................................................................................................ 5 Section II Recycling and Solid Waste Standards for.................................................... 10 Curbside or Door-to-Door Service for Small Quantity Generators Section III . Recycling and Solid Waste Standards for.................................................... 11 Multi-Family Complexes-Central Collection-Bin Service Section IV Recycling and Solid Waste Standards for............:........................................ 13 Commercial and Industrial Businesses-Central Collection-Bin Service Section V Recycling and Solid Waste Enclosure Standards ........................................ 14 Section VI Sample Drawings of Enclosures ................................................... .....17 2 276 Fourth Ave Chula Vista, CA 91910 www.chulavistaca,qov 8-22 ~u~ ~ ." .,,'-. ~... - . ~ ~~....,..,.~ ~~=-~ ClTIOF I SNVIRDNMSNTAL A1'A CHULA VISTA SSRV1CSS ~ This page is intentionally left blank 3 276 Fourth Ave Chula Vista, CA 9191 0 www.chuiavistaca.qov 8-23 ~u?- ~~ .-,." .-, . .. . ~ _- -""':;0... ~ - -- - - -- I 5NVIRDNM5NTAL. S5RVlC5S ~ C11Y OF (HULA VISTA Recycling and Solid Waste Planning Manual I 1 - OVERVIEW I The State of California has mandated that at least 50% of the solid waste generated be diverted from landfills. Therefore, each applicant for a development, subdivision, major construction project or demolition project (including new public facilities) is required to submit a Recycling and Solid Waste Plan to ensure that appropriate space has been allocated to recycling and solid waste accumulation, storage, and collection so that occupants will have the ability to participate in the City's solid waste and recycling programs. Additionally, a Construction and Demolition Waste Management Report and performance deposit, for construction and de'molition covered projects is required as a component of the permit approval process. (CVMC 8.25.095). For more details on the Construction and Demolition Waste Management Report Form and perfonmance deposit requirements go to www.chulavistaca.qov/clean/environmentalservices or contact the Environmental Services Division at (619) 691-5122, environmentalservices@ci.chula-vista.ca.us The Recycling and Solid Waste Plan must be a part of the Building Plans for the project; either on the Building Plans themselves or attached to the Building Plans. The Buildings Plans for your new project will be reviewed by the Environmental Services Division to ensure adequate space has been allotted to recycling and solid waste activities. Your design sliould include the steps the applicant/occupant will take to meet the local and State mandates and recycle the Designated Recyclable materials as defined in Chula Vista Municipal Code Chapter 8.25. The Recycling and Solid Waste Plan and the Construction and Demolition Waste Management Report are subject to approval by the City Manager or designee. Items to be considered in your planninq process: Identify the recycling and trash space allocated within your project, as this. will dictate how well your occupants will be able to participate in the various City recycling programs, how much they will recycle and how much they can save. Make sure your infrastructure planning allows your occupants the ability to avail themselves of all recycling and solid waste services. Your Building Plans must show that you will provide adequate space to properly store all the solid waste and recyclables generated on the site in approved containers between service days. The Building Plans must also allocate space in a manner that provides occupants with the opportunity to divert all the Designated Recyclables generated at the site. Designated Recyclables include: Residential Recyclables - those specific recyclable materials from residential solid waste (single-family and multi-family) including but not limited to, aluminum, glass bottles and jars, plastic bottles, tin and bi-metal cans, newspapers, mixed paper (magazines, junk mail, telephone books, paperback books, and boxboard) cardboard, white goods and yard waste. Commercial Recyclables - designated recyclable materials from office and hospitality industries. Materials include but are not limited to, office paper, cardboard, glass bottles and jars, plastic bottles, aluminum, tin and bi-metal cans, and white goods. 4 276 Fourth Ave Chula Vista, CA 91910 www.chulavistac2.aov 8-24 I 5NVIRDNM5NTAL. CHUlA VISTA S5R.VIC5S ~ Industrial Recyclables - recyclable material from industrial, construction and demolition operations including, but not limited to asphalt, concrete, dirt, land-clearing brush, sand and rock. ~\/~ ~; ^l"-' ""~ -"_V-.' .\..""i...,.;, . - -~~ .........."""":;0...-- ....-:;...~....~ OTY OF Your Building Plans need to describe how the recycling and solid waste infrastructure will be utilized by the occupants and maintained on an on-going basis, such as: o Include solid waste and recycling requirements and information in your CC&Rs, employee/owner/tenant orientations, policy manuals, and lease agreements. Include the draft language for these items in the notes within your Building Plans. o Show where residents will store containers during the week and where they will be placed on service day; where and how bulky items, holiday trees and used motor oil will be placed for collection. o If contracting with a landscaper, your Building Plans must demonstrate that you will require all yard waste to be diverted for reuse, either through on-site mulching, grasscycling, a permitted compost facility or for reuse at the landfill - not disposal. Your Buiiding Plans shall establish the requirement to obtain receipts from the contractor demonstrating that the material was recycled or composted. Those receipts shall be maintained for eighteen (18) months and be available to City staff for review upon two days notice during regular business hours. o Color code containers and proyide graphic signs that instruct occupants/customers to separate materials in the containers used to transport recyclables and trash to the outdoor enclosure. o Place recycling containers next to all trash containers -("twinning"). o Review your operations at least annually. Contact the city for a free waste audit to improve business recycling productivity, reduce waste and keep your solid waste and recycling services cost-effective and up to date. Small Quantity Generators (SQG - curbside service for residents and small businesses) can control their monthly costs by reducing their trash volume through weekly trash and recycling collection, bulky item collection, yard waste collection, used oil and oil filter collection, Holiday tree collection, and two annual landfill passes and two annual yard waste passes. (See service brochures for details on these programs at www.chulavistaca.gov/CLEAN/Environmentalservices.) Large Quantity Generators (LQG - commercial, multi-family and industrial projects with central collection service) can control or reduce their costs by taking advantage of recycling savings. Restaurants and other hospitaiity facilities can obtain free food-beverage container collection service. o . 276 Fourth Ave Chuta Vista, CA 91910 www.chulavistaca.Qov 8-25 ~u?- ~~ ... ..,.,...", -'.-" ~ .".~.- - ,=. ~~~~ I SNVIRDNMSNTAL.. SSRVIGSS ~ CITY OF CHUIA VISTA EstirnatinQ Trash Service Capacity Needs for Central Bin Collection in Multi-familv Complexes After estimating the required trash service - pair each trash bin with the required recycling service and design enclosures appropriately. Multi-family Comclex Service Needs Table Cubic yards per # Bedrooms per unit unit per wk. Studios-1 Sr. 0.33 1-2 Sr. 0.36 2-4 Sr. OAO Calculation" + Product of bin size X # Of cubic = Total Total cubic times yards per unit cubic yards of days a week service # Of units In complex from Service yards of service (example: 100, 3.bedroom Needs Table service needed pe (4 yd bin X 2 days) = Number of trash units) above needed pe week enclosures required week 100 X 0.4 - 40 40 +8 -5 LOQistica! Considerations: . Weekly trash and food/beverage container recycling collection is the minimum requirement All multi-family, commercial, industrial and public facility properties may subscribe to service that is more frequent . Small Quantity Generators (SQG - curbside collection) place two or more trash and recycling carts at the curb for weekly collection on their assigned collection day. These customers also receive yard waste, bulky-item, used oil and oil filter collection services. Therefore, there must be curbside space for these containers with one and a half (11/2) feet, approximately eighteen inches, between each cart and any stationary objects (e.g. parked cars), on service day. . All properties must have adequate space to accommodate bin and/or cart storage for waste and recyclable materials separately and out of public view in-between collection days. The City strongly recommends that commercial properties plan for no more than three collections per week and that multi-family properties plan for no more than twice per week service. For details on enclosure design requirements see Enclosure and Chute Design Requirements - Central Collection. . Twinning - design so that recycling containers are placed with each trash receptacle. 6 276 Fourth Ave Chula Vista, CA 91910 www.chulavistaca.oov 8-26 ~\f? ~- ." ""C, ',;';'~ "J<. '. ~ ~~~~ . I 5NVlRONM5NTAL ~ . CHULA VISTA S5RVIC5S ~ On a mixed-use site, the Recycling and Solid Waste Management Plan generally follows the space allocation criteria for each use category (i.e. single-family, multi-family, commercial, curbside collection, or central collection). CITY OF . Public facilities shall implement the service category that best fits the facility use, always twinning recycling and trash containers for ease, convenience and to minimize the contamination of recyclable materials. Offices typically generate a waste stream with 40% to 60% mixed paper. Mixed paper includes: office paper, cardboard, junk mail, magazines, telephone books, box board, etc, Carbon paper or sinqle use items such as tissues and paper towels are not recvclable and must be com posted or placed in the trash. If your business will consistently generate a large amount of wooden pallets, food waste, five-gallon plastic buckets or another potentially recyclable items you may contact the City's Environmental Services Division or Allied Waste Services for recycling market assistance, If your business manufactures a product and would like to include recycled materials in the feedstock please contact the Environmental Services Division. The City of Chula Vista is part of the South San Diego County Recycling Market Development Zone. Staff can help you with sourcing feedstock or markets for large volumes of recyclable waste materials, and can determine if your operation may qualify for low interest loans from the California Integrated Waste Management Board. Go to www.ciwmb.ca.qov/RMDZ/SanDieqo/for more details. Design in a manner that facilitates the following priorities: reduce, reuse, recycle, compost and dispose. Examples: D Residential kitchens: Ample space for trash and recycling bins under sinks or in cabinetry for separation of Designated Recyclables. D Show where residents will store carts during the week on their property and where they will be placed at the curb on collection day. D Outdoor dining, lounge areas and public facilities: Plan for trash and Designated Recyclables collection containers side-by-side (twinning). D Copy and print rooms: Allow space for both trash and paper recycling containers side by side to encourage diversion. D Bars and dining areas: Incorporate space for recycling of all food and beverage containers, specifically, along with other Designated Recyclables as appropriate. D Recreation Centers and Community Pools: Plan for trash and Designated Recyclables collection containers side-by-side (twinning.) Residential automated collection vehicles collect materials from the right side of the vehicle only. Commercial collection vehicles collect materials at the front of the vehicle. . . . . . . 7 276 Fourth Ave Chula Vista, CA 91910 www.chulavistaca.aov 8-27 ~u~ ~ -, ",.~~"., . .....",';',.,.....--,. ~~-~~ - - -- - - -- CITY OF . To Complete your Building Plans: . Review the manual section that applies to your project: residential, commercial or industrial. . Write a thorough description of how you wi/I implement your Recycling and Solid Waste Plan through each phase of the project: pre-construction. construction. and operation/occupancy. . Include your Recycling and Solid Waste Plan as part of your Bui/ding Plans and submit to the Chula Vista Planning Department for approval. Include a narrative about your Recycling and Solid Waste Plan implementation and operation within the "Notes" on your Building Plans. . CONTACTS: . For service day information or other collection clarification, contact Allied Waste Services at (619) 421-9400. Allied's representative will be available to review Building Plans for accessibility, equipment types, do site visits and arrange for recycling services. . Contact the City's Environmental Services Division for a list of construction and demolition material recycling processors and/or service brochures for recycling and solid waste program details. Or check the City's web site at www.chulavistaca.qov/CLEAN and click on Environmental Services. Staff is also available to assist you with your recycling program and Recycling and Solid Waste Plan and the Construction and Demolition Waste Management Report (619) 691-5122. 8 276 Fourth Ave Chula Vista, CA 91910 www.chulavlstaca,qav 8-28 ~ ~ /?-. ~ ""'=lo-"""~~ I eNVIRONMeNTAL AII1A seR.Vlces ~ CITY OF (HULA VISTA 2 - RECYCLING AND SOLID WASTE STANDARDS FOR CURBSIDE OR DOOR- To-DoOR SERVICE FOR SMALL QUANTITY GENERATORS Small Quantity Generators receive weekly recyclables, yard waste and trash collection, bulky items pick up, used motor oil and oil filter collection services. Include in your Building Plans defined location(s) where the trash, recycling and yard waste carts will be stored in-between service days, out of public view, and where they will be placed at the curb for collection on service days. All residential dwellings with curbside or door-to-door collection must be designed to allow for weekly placement and collection of trash, yard waste and recycling containers at the curb. .,..,r"",. Yard Waste There must be space at the curb for a minimum of three containers (trash, recyclables and green waste), approximately eighteen inches apart, for each dwellinq unit. The City must pre- approve alley collection. . The automated collection vehicle services the containers from the right side (curbside) of the vehicle. Condominiums with no private landscaping can provide space for two carts (trash and recycling, eliminating yard waste) per unit However, condominiums must have an enclosure on the property, sufficient for yard waste bins, to serve the common areas. If contracting with a landscaper, your Building Plans must demonstrate that you will require that all yard waste be diverted for reuse, either through on-site mulching, grasscycling, a permiited compost facility or for reuse at the landfill - not disposal. Your Building Plans shall establish the requirement to obtain receipts from the contractor demonstrating that the material was recycled or composted. Those receipts shall be maintained for eighteen (18) months and be available to City staff for review upon two days notice during regular business hours. See the Environmental Services Brochure for detailed information on all available services for single-family residential customers at www.chulavistaca.qov/c1ean. CONTACTS: . For service day information or other collection clarification, contact Allied Waste Services at (619) 421-9400. Allied's representative will be available to review Building Plans for accessibility, equipment types, do site visits and arrange for recycling services. . The City's Environmental Services Division may be reached at (619) 691-5122 or environmentalservices@ci.chula-vista.ca.us 9 276 Fourth Ave Chula Vista, CA 91910 www.chulavistaca.qov 8-29 ~~r~ ~ .,y."..,~I";1::;...~":,., .. ~~~ CITY OF I SNVlRONMSNTAL a CHULA ViSTA SSRVIGSS W 3. RECYCLING AND SOLID WASTE STANDARDS FOR MULTI-FAMILY COMPLEXES CENTRAL COLLECTION - BIN SERVICE The Residential Waste Stream typically includes the following recyclables: 40% paper, 10% metal, glass and plastic containers and 30% yard waste (apartments/condos usually generate only 7% to 15% yard waste from common areas). Residential services include recyclables, yard waste and trash collection and bulky item pick up. Review the service brochures for details on each of these services and how to prepare materials for collection in these programs. Multi-family Housing with Central Collection . Trash and recycling bins must be in the same enclosure(s) and must allow access without having to move other containers out of the way. . Please see attachments for sample drawings of enclosures All bins should be placed in the enclosure out of public view. If bins are placed front-to-front, leave at least 3 feet between bins for access. The design must provide easy access for the residents and allow the hauler access to service bins and/or carts without moving other bins/carts out of the way. . Design for approximately, one, 4-cubic yard bin for trash service for every 8-12 units depending on the number of bedrooms per unit. See estimating formula in Section 1. Then add the required recycling services for each enclosure. The City strongly recommends that you do not assume more than twice per week collection service to limit the number of collection truck trips on your property. . Include an enclosure of appropriate size for centralized collection of yard waste. If contracting with a landscaper, make certain to include in your contract the requirement that all yard waste must be diverted for reuse, either through on-site mulching, grasscycling, a permitted compost facility or for reuse at the landfill - not disposal. Include the requirement to receive copies of receipts to verify diversion. . All projects with six or more units shall provide additional space that is sufficient for the free monthly bulky collection (mattresses, appliances, furniture), free annual holiday tree recycling and other periodic or seasonal events. Approximately 400 square feet is required for a complex of 40 units or more. . . If the collection truck must enter your property to service bins, the truck must be able to circulate the parking area without backinq UP. Collection vehicles have a turning radius of 37.1 ft. are approximately 35 feet long (curbside collection bucket adds 7 feet to the length for a total of 42 feet) and 8 feet wide. See the Multi-family service brochure for more information on residents' services. Trash and Recycling Chutes . If a facility plans to provide chutes, the City requires that you provide two chutes adjacent to one another in each disposal and recycling area. One chute shall be identified for recyclables, and one chute shall be identified for trash. Other options may be proposed by first consulting the City. 10 276 Fourth Ave Chula Vista, CA 91910 www.chulavistaca.oov 8-30 I 6NVlRDNM6NTAL A (HUlA VISTA S6R.VIC6S ~ . The driver must be able to service bins without moving other bins in the chute rooms. . It is strongly recommended that you provide an enclosure(s) on site for corrugated cardboard as boxes may clog your trash and recycling chutes. If enough space is provided, the enclosure can also be used for free bulky collection, holiday tree collection and other periodic or seasonal services. CONTACTS: ~\f?- ;;~~ ~~!~~ CITY OF . For service day information or other collection clarification, contact Allied Waste Services at (619) 421-9400. Allied's representative will be available to review Building Plans for accessibility, equipment types, do site visits and arrange for recycling services. . The City's Environmental Services Division may be reached at (619) 691-5122 or envi ron menta Iservi ces@ci.chula-vista.ca.us. 11 276 Fourth Ave Chula Vista, CA 91910 www.chulavistaca.aov 8-31 ~u~ ~~ ...... .-.~ ~",.."" . -.. "^ ~~~ ........~~...... I 6NVlRONM6NTAL ~ S6RVIC6S ~ CITY OF CHULA VISTA 4 - RECYCLING AND SOLID WASTE STANDARDS FOR COMMERCIAL AND INDUSTRIAL BUSINESSES- CENTRAL COLLECTION - BIN SERVICE The Commercial Waste Stream varies by the type of business, but typically includes the following recyclables: 40-60% paper, 5% metal, glass and plastic container's (10%-15% forfood service businesses) and 15% yard waste (or pre-consumer food waste that can be recycled with yard waste). . Commercial and industrial properties must have enclosure space and numbers of bins or carts adequate to divert the Designated Recyclables generated on their property. . Trash and recycling bins or carts must be placed in the same enclosures. . Yard waste must be separated from the trash. Plan for adequate container volume and service intervals to divert yard waste (tree, brush or grass trimmings) generated at your business. If contracting with a landscaper, your Building Plans must demonstrate that you will require that all yard waste be diverted for reuse, either through on-site mulching, grasscycling, a permitted compost facility or for reuse at the landfill - not disposal. Your Building Plans shall establish the requirement to obtain receipts from the contractor demonstrating that the material was recycled or composted. Those receipts shall be maintained for eighteen (18) months and be available to City staff for review upon two- days notice during regular business hours. . Each business should allocate space, in each enclosure, for at least one recycling bin along with the needed trash bin disposal service requirements. . The City may require that the enclosure include additional space and access for other ancillary services (i.e. restaurants-grease collection, auto repair-scrap metal collection, etc., where applicable). COMPACTORS: . Commercial compactors are not recommended for trash service. Compactors must be pre-approved by the City's franchise hauler, Allied Waste Services and the City Environmental Services Division. (See Municipal Code S 8.24.080.B) . A business that is using a compactor must still divert Designated Recyclables: paper, cardboard, food and beverage containers, yard waste, clean lumber and metals, etc. (See Municipal Code Chapter 8.25). CONTACTS: . For service day information or other collection clarification, contact Allied Waste Services at (619) 421-9400. Allied's representative will be available to review Building Plans for accessibility, equipment types, do site visits and arrange for recycling services. . The City's Environmental Services Division may be reached at (619) 691-5122 or environmentalservices@ci.chula-vista.ca.us 12 276 Fourth Ave Chula Vista, CA 91910 www.chulavistaca.aov 8-32 ~J~ ~;4"'; ~~ ~~...:=...,;:- I eNVIRONMeNTAL ~ SFRVICeS ~ CITY OF CHULA VISTA Bin Dimensions Height Depth Width (Allow 2 inches per bin dimension for access/maneuverability) 4 cubic yards (min. size to plan for trash & mixed paper) 66" 56" 81" 5 cubic yards (larger bins provided at City/hauler discretion) 66" 68" 81" 6 cubic yards (no wheels direct truck access) 72" 70" 81" Cart Dimensions Height Depth Width (Allow 1 inch per cart dimension for access/maneuverability. Dimensions are the maximum size.) 96 Gallon Carts (for Designated Recyclables, yard waste and 44 36 32" trash) 5. RECYCLING AND SOLID WASTE ENCLOSURE STANDARDS The following minimum bin and cart dimensions are to be used when designing your enclosures. . Trash enclosures should be as far away from storm drain inlets as possible. Enclosures shall have solid roofs that are constructed out of an impermeable material that excludes rainwater from the trash enclosures. . All trash enclosures shall be paved with an impervious surface, designed not to allow water run-on from adjoining areas, and shall be screened or walled to prevent off-site transport of trash. . Wheel stops for bins and carts must be configured such that they provide 8-inch bin clearance from all three walls, 6 inches high is recommended. . Doors must be anchored to appropriately sized steel posts (min. 2 inches by 3/16 gauge steel) set independently from walls. . Cane bolts, dropped into sleeved holes in the concrete, to hold doors in both the open and closed position are required. . Containers and bins within the enclosure must have covers designed to reduce pests, illegal disposal and exclude rain. . The flat reinforced concrete pad (approximately 24 feet X 12 feet, no decorative stamping or brickwork/cobblestones) in front of the enclosure should extend beyond the enclosure to provide sufficient space to allow: o The truck to stop in front of the enclosure with the front wheels resting on the concrete pad: o The bins to be rolled out of the enclosure and; 13 276 Fourth Ave Chula Vista, CA 91910 www.chulavistaca.qov 8-33 ~u~ ~..~3:",~_,w_..~ .. ~ -' .. -----~ ~~~~ CIWOF . . Each enclosure must be designed and sized appropriately to accommodate bins and/or carts for the Designated Recyclables and solid waste generated on the property. All properties are required to allocate space to recycle all Designated Recyclables. Enclosures must be designed so that trash, paper, rigid containers, and yard waste containers may be accessed by the generator and serviced by the collection company without moving other bins or carts. Recommendation: A separate pedestrian access door. will save gate repairs, prevent illegal disposal and is safer for the generator to use. The City may require that the enclosure include additional space and access for other ancillary services i.e. restaurants - grease collection, auto repair - scrap metal collection, etc. where applicable. Each enclosure must be located on the Building Plans and the bin and carts placement inside the enclosure clearly identified - R= recycling; Y= yard waste recycling; T= waste or trash. . . . See attachments for sample drawings of enclosures. Enclosure Location . Reduce or eliminate the need for collection trucks to drive onto private property whenever possible. . If you place the enclosure within 25' of the public thoroughfare, the hauler will roll bins and carts to the street for service at no additional charge. . The hauler is authorized to add a service surcharge if they cannot drive to within 25' of the enclosure. . If the collection truck must enter your property to service bins the truck must be able to circulate the parking area without backing up. Trucks are approximately 35 - 42 feet long, 8 feet wide and a have a turning radius of 37.1 feet. . Do not put speed bumps, stamped concrete, cobblestones or other obstacles in front of enclosures that would impede the access of the vehicle or bin rollout. Truck and bins must be on a flat, concrete surface when being serviced. . Whenever possible enclosures for apartments and condominiums should be geographically distributed in a manner that is convenient for residents. . Enclosures in commercial settings and public facilities should consider proximity to service doors, traffic flow, delivery patterns, etc. 14 276 Fourth Ave Chula Vista, CA 91910 www.chulavistaca.aov 8-34 ~u~ ~ ..... ,a :.',:,':'1 ~--~~ - - - - - - -- I eNVIRONMeNTAL AttA seRVIces W (In' OF CHULA VISTA Trash and Recycling Chutes . If a facility plans to provide chutes, the City requires that you provide two chutes adjacent to one another in each disposal and recycling area. One chute shall be identified for recyclables, and one chute shall be identified for trash. Other options may be proposed by first consulting the City. . The driver must be able to service bins without moving other bins in the chute rooms. . It is strongly recommended that you provide an enclosure(s) on site for corrugated cardboard as boxes may clog your trash and recycling chutes. If enough space is provided, the enclosure can also be used for free bulky collection, holiday tree collection and other periodic or seasonal services. CONTACTS: . For service day information or other collection clarification, contact Allied Waste Services at (619) 421-9400. Allied's representative is available to review Building Plans for accessibility, equipment approval, do a site visit and arrange for recycling services during all phases, construction through occupancy. . The City's Environmental Services Division may be reached at (619) 691-5122~ environmentalservices@ci.chula-vista.ca.us. lS 276 Fourth Ave Chula Vista, CA 9191 0 www.chulavistaca.Qov 8-35 ~u~ ~ ClTYOF I 6NVIRDNM6NTAL.. CHULA VISTA S6R..VIC6S ~ 6 - SAMPLE DRAWINGS OF ENCLOSURES 17 276 Fourth Ave Chula Vista, CA 91910 WWN.chulavistaca.oov 8-36 ,I II II II II .______..J 1______ 11- '. ~ ~ < ~ ~ 1 . CONC.9ETE <. PAD ,..:,. ~ #'0CJ ~{v S:J <f' '0'1- EJ '" " '.~" t .I, ~ ... ,'d. . .,'" , ' ,"",;', . ~B/. . " . " ",-... ".\' ." ... <.. '.. '" . , " : : "\:,' , <.4.," . II'" '- -, .~ .." '''''', ..' ".' . '. ~ '. <. .' ~. .; , CONCRETE:', ' . ' APRON' ....:.<1.. ',' .:" ",' . " , . ~.. ~. ".:, ., ;,. (\J ~ 1. 8' X 6' VHEEL CURB ALL ARDUND STRUCTURE. TO PREVENT BIN FROM HITTING wALLS 2. DODRS HUNG INDEPENDENTLY FRDM VALLS ON STEEL PDSTS 3. DEAD BOLT ANCHDR HOLES FOR DDDRS IN THE OPEN AND CLOSED POSITIONS. (RECOMMEND PLASTIC DR METAL PIPE TO LINE THE VHOLD 4. A ([2) TVEL VE -FOOT CONCRETE APRON/PAD THAT EXTENDS APPROXIMATELY TVO rEET ON EITHER END DF THE ENCLDSURE FDR THE TRUCK TD PARK AS IT PICKS UP THE CDNHINERS DRAWN BY: TI" ~ POTEN G. SAN PEDRO "ILC: DA TE: SHErr I 1-16-04 OF' J SHTS. TOP VIEW (\J (\J II ~ - ~ , 'D I '" SOLID Rm}F COVERING '" - o I CONCRETE PAD ", ~., 'ol.'.. .. '.; -'; , " ,., " < ~ ..,~ C' ~~ '\ 00 ~'P "" ",.. . " :... ," 8l , , , <,' . .....4 ,'" . " " " , , , .. '. 4 . ~. ". CI- ~." ..' ". '..... ..,. -..;,. .J.. "." ,', . ~'.' ..;:.. '..... ~ ,< " , . " 5. ENCLDSURE CDYERS SHDULD HAVE 7 (SEVEN) FEET HEIGHT CLEARANCE SO THAT LIDS MAY OPEN o. 5' - 6' HIGH STEEL GATES 7, A' X 4' X it' STRUCTURAL STEEL POST SET INDEPENDENTLY FROM VALLS (TYP,) 3. 6' X 12' JOIST - mE~AIL TO GRAB BEAM (TYP.) 9. 2< X 10' GRAB BEA,~ - FASTEN TO POST wITH j' GAL V.~NIZED CARRIAGE BOLTS AND >lASHERS (TYP.l 10. ALL PERMITS AND PI_ANS MUST BE SUBMITTED TO CITY FOR APPRDV AL CITY OF CHULA VISTA SAMPLE TRASH ENCLOSURE SCALa-:-:n = 5' PREPARED BY: ,oOTEN G. SAN PEDRO APPROVED BY: J[N' MONEDA I.NCI .11:\lJl~l. POST. ^:L;-:-:O=S- @1[2] [gJ 3 :':^H -".. .., ----:"< . :::=\:::=<::-:: -, -----\- , :- --. -. ~ \ RIGHT SIDE VIEW I' 13' m,m saUD :O<OOF COVERING f I)IIIII~, PER CITY REQUIREMENTS .:.^:.,; . NOES' 1. 8' X 6' wHEEL CURB ALL AROUND STRUCTURE. TO PREY~NT BiN FROM HITTING \./ALLS 2, DOORS HUNG INDEPENDENTLY fROM wALLS ON STEEL POSTS 3. DEAD BOLT ANCHOR HOLES FOR DOORS IN THE OPEN AND CLiJSED POSITIDNS. (RECOMMEND PLASTIC OR METAL PIPE TO LINE THE 'WHOLD 4. A (12) TwELVE -,DOT CONCRETE APRON/P.", D THAT EXTENDS A?PRDXI:Y.AT3:L Y T\';1] F'S:~T ON EiTHER END OF THE ENCLOSURE FOR THE TRUCK TO PARK AS IT PICKS UP THE CONTAINERS DRAWN BY: ,oOTEN G. SAN PEDRO DA T[: SHEET 2 1-16-04 OF 3 SHTS. TiTLE: -1 -1 <J: :3: w z >--< 10' H -1 >--< :::l fYI 5. ENCLOSURE COVERS SHOULD HAVE 7 (SEVEN) 'EET HEIGHT CLEARANCE SO THAT LIDS MAY OPEN 5. 5' - 6' HIGH STEEL GATES 7, 4' X 4' X ~~ STRUCTURAL STEEL POST SET INDEPENDENTL Y FROM wALLS (TYP) 8, 6' X 12. JOIST - TOENAIL TO GRAB BE..~M <TYPJ 9. 2' X 10' GRAB BEAM - FASTEN TO POST wITH i' GAL V,~NIZED CARRIAGE BOLTS AND wASHERS (TYP.) [0. ALL PERMITS AND PLANS MUST BE SUBMITTED TO CITY FOR APPROVAL. CITY OF CHULA VISTA SAMPLE TRASH ENCLOSURE 5CALa-3"8~ 5' PREPARED BY: PO TEN G. SAN PEDRO APPlWVED BY: .JEFF MONEDA FRONT SIDE VIEW ~ 9 ~, ::.: rEs 8'-j r-, 10' 12'j' 6' I 0 8' .....-1 lill 6' lIJ,l2J 00 22' is' SOLID ROCF COVERING 1 I ~ h 6' \ r- 8' 2,1 6' t. j 8'-4' "-I ml2J W,rn S' ......;....'. ".1...... . , !-. {. :'ill' ~.. I ~: ~'" ..; .,.-ilf,,,.u;' - Ai'i .'.: :.. {IT~ :,;.':.: J...., ~ ~ PER CITY REQU [REMEI'H S <TYP.) NOTESI L 8" X 6" \JHEEL CURB ALL AROUND STRUCTURE. TO PREvENT BiN FROM HITTING VALLS 2. DOORS HUNG INDEPENDENTLY FROM ~ALLS ON STEEL POSTS 3. DEAD BOLT ANCHOR HOLES FOR DOORS IN THE OPEN At'ID CLOSED POSrTlONS, <RECOMMEND PLASTIC OR METAL PIPE TO LINE THE VHOLD 4. A (12) TVEL vE -FOOT CONCREiE APRON/PAD THAT EXTENDS APPROXIMATELY T~O FEET ON EITHER END OF THE ENCLOSURE FOR THE TRUCK TO PARK AS n PICKS UP THE CONTAINERS DRAWN BY: PO TEN G. SAN PEDRO DA TE: SHEE I J 1 16 04 OF 3 SHTS. 5. ENCLOSURE COVERS SHOULD HAVE 7 (SEVE....D FEET HEIGHT CLEARANCE SO THAT LIDS MAY OPEN 6. Sf - 6' HIGH STE:::L GATES 7. 4' X 4' X ,1;' STRuCTURAL STEEL POST SET INDEPENDENTL Y FROM VALLS <TYP,) 8. 6" X 12~ JOIST - TOENAIL TO GRAB S'::AM cry?,) 9, 2# X 10" GRAB BEA.'-1 - F.~STEN TO POST \-I1TH j' GAL VAN[ZE1l CARRIAGE BOLTS AND VASHE.OS (TYP,) 10. ALL ?ERMITS AND PLANS MUST 3E SUBMITTED TO CITY ~OR A?PROVAL. CITY OF CHULA ViSTA SAMPLE TRASH ENCLOSURE sc Le-. I" 5' PREPARED BY: POTEN G. SAN PEDRO APPROVED BY: JEFF MONEDA TITLE: RESOLUTION NO. 2008- RESOLUTION OF THE CITY COlJNCIL OF THE CITY OF CHULA VISTA ADOPTING UPDATES Ac'ID CHANGES TO THE RECYCLING AND SOLID WASTE PLANNING MANU.A.L AND AUTHORlZING THE CITY MA.l'\!AGER OR DESIGNEE TO APPROVE FUTURE UPDATES TO THE MANUAL WHEREAS, the City ofChula Vista is required by State law to divert and/or recycle fifty percent of the waste stream; and WHEREAS, the National Pollutant Discharge Elimination System (NPDES) Municipal Permit requires jurisdictions within San Diego County to develop and enforce actions that prohibit the discharge of pollutants to the City's storm waster conveyance systems; and WHEREAS, on January 25,2005, pursuant to Resolution No. 2005-023, the City Council adopted the Recycling and Solid Waste Planning Manual; and WHEREAS, the Manual provides information to applicants for, a development, subdivision, major construction project or a demolition project regarding incorporating appropriate space for recycling and solid \vaste; factors they should consider in recycling and solid waste planning for development projects; encl()sure and storage area construction requirements; and contact information for the Public 'Works Department - Environmental Services Division staff should an applicant desire additional assistance or preliminary review of their Building Plans; and WHEREAS, staff has updated the Recycling and Solid Waste Planning Manual to including a requirement that recycling and solid waste enclosures and storage areas in new industrial, commercial, and multi-family developments be designed with solid roofs to prevent storm water contact with trash and recyclables; and WHEREAS, staff requests that the City Manager or designee be authorized to approve future updates of the Recycling and Solid Waste Planning Manual. NOW THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista that it adopts the updates and changes to the Recycling and Solid Waste Planning Manual and authorizes the City Manager or designee to approve future updates to the Recycling and Solid Waste Planning Manual. Presented by Approved as to form by Jack Griffin Director of Public Works .~ /1 r I I '. ~. [.Iv /( .'-'-/'~ );!,~'C..; Bart C. Miesfeld Go Interim City Attorney J:\AnomcyIRESO\SOLlO WASTE\Recyclin!l JrulSoJlid WJ~(e ?lal1nin"l M:r.nu:r.I_lo.Zl~:)3eC':....4 0 '. '-it'.!.-':.t' CITY COUNCIL AGENDA STATEMENT ~!~ CITY OF ~ (HUlA VISTA ITEM TITLE: SUBMITTED BY: REVIEWED BY: OCTOBER 21, 2008 Iteml RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CLOSURE OF THIRD A VENUE FROM "D" STREET TO "I" STREET A,~D "H" STREET BETWEEN SECOND AND FOURTH AVENUES AND PORTIONS OF INTERSECTING STREETS FOR THE ANNUAL STARLIGHT PARADE ON DECElVfBER 6,2008 FROM 1 P.M TO 10 P.M. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN CITY OF CHULA VISTA AND THIRD A VENUE VILLAGE ASSOCATION FOR THE 46TH ANNUAL STARLIGHT PARADE ON DECElVfBER 6, 2008 I ~ DIRECTOR OF COMMUNICA TIONSIJ INTERIM CITY MANAGER ~ 4/STHS VOTE: YES 0 NO ~ SUMMARY The annual Starlight Parade is a long standing holiday tradition in the community and will be held for the 46th year in Chula Vista. For the parade, the Third Avenue Village Association (T A V A) requests the closure of Third Avenue between "D" and "I" streets, between Second and Fourth Avenues and portions of intersecting streets from 1 p.m. to 10 p.m. on Saturday, December 6. ENVIRONMENTAL REVIEW o The City's Environmental Review Coordinator has reviewed the proposed projects for compliance with the California EnvironmentiU Quality Act and has determined that the project qualifies for a Class 4 categorical exemption pursuant to Section 15304(e) of the State of CEQA Guidelines. Thus, no further environmental review is necessary. RECOMMENDATION Council adopt the resolutions. 9-1 OCTOBER2l, 2008, lteml Page 2 of3 BOARDS/COMMISSION RECOMME'N1)ATION Not applicable DISCUSSION During last fall's budget hearings, the City Council voted to continue funding the city costs associated with the annual Starlight Parade, now in its 46th year. The T A V A is requesting the following for 2008 Starlight Parade: 1. The closure of Third Avenue between "D" and "1" Streets and "H" Street between Second and Fourth Avenues on Saturday, December 6, 2008 from 1 to 10 p.m. The parade route will be along Third A venue between "E" and "H" streets. Other areas of the closure will be used for pre-parade staging of participants, bus parking and parade debarkation. Second and Fourth A venues will remain open to traffic at all times during the event. The closure of Third A venue will affect the flow of traffic in the downtown area. The TA V A ""ill be required to coordinate with the City's Police Department and prepare a traffic control plan to their specifications. The City's transit system will also be affected. The Transit Coordinator's staff has agreed to the closure as long as "E" and "H" streets remain passable for traffic. Transit ""ill post advertised detour routes for riders prior to the event. The T A V A is aware of these stipulations and will abide by them. The T A V A will be required to send notices to all businesses and residences located along the parade route. The TAV A is also required to provide insurance, a Hold Harmless Agreement, sanitary systems and post "No Parking" signs for the event. Additional duties of the T A V A are listed in the agreement between the City and the Third A venue Village Association. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property that is subject of this condition. FISCAL IMP ACT Tne marginal costs associated with this event (i.e. overtime, additional street equipment, generator rentals, etc.) by department are as follows: Police Fire Public Works/Streets Public WorkslParks Public Works/Ops $19,131.00 $301.00 $5,300.00 $993.69 $3,032.82 TOTAL: $28,758.51 This amount does not include overhead. However, these costs are included in the departments 2008-2009 budgets therefore no further appropriations are necessary. 9-2 OCTOBER 21, 2008, Item 11 Page 3 of 3 A TT ACHMENTS A. Duties of the Third Avenue Village Association for the Chula Vista Starlight Parade B. Group/Organization Waiver and Release of Liability Prepared by: Stephanie Kingston, Special Event Planner, Office of Communications 9-3 ATTACHMENT A ST ARLIGHT PARADE DUTIES OF THE THIRD AVENUE VILLAGE ASSOCIATION (TAVA) FOR STARLIGHT PARADE ON DECEMBER 6,2008 1. The TAVA shall provide for adequate traffic and crowd control, as determined by the City's Police Department. 2, The T A V A shall provide adequate litter control during and after the event, as determined by the City's Conservation Department. 3, The TAVA shall notify all property owners and tenants (including businesses and residents) that will be affected by the street closures, The notification shall be sent by first class mail at least seven days prior to the event date, 4, The TAVA will be responsible for measures to insure that the noise generated by the event's activities does not reach an excessive level. The TAVA will undertake the following measures in order to implement this condition: a, TAVA shall continually monitor noise levels of performing bands and other sound- emitting devices and will make adjustments as needed, 7, The TAVA shall provide, 10 days prior to the parade, evidence of general liability insurance in the amount of $5 million, in the forr!, of a certificate of insurance and an additional endorsement page naming the City of Chula Vista, its officials, officers, agents, employees and volunteers as additional insured, The endorsement page must include name of the insured, policy number and policy period, 8, The TAVA shall execute an agreement to hold the City harmless from any liability stemming from parade activities in the street. 9, The TAVA shall provide portable toilets along the parade route, as recommend by City staff, 10, The TAVA shall provide and post "No Parking" signs in a form acceptable to the City Police Department, along the parade route, The TAVA shall ensure that posting takes place a minimum of forty-eight (48) hours in advance of the event date. 9-4 Page 3 of 3 ~(~ ~ ~ 0lY Of (HUlA VISTA GROUP/ORGANIZA TION WAIVER AND RELEASE OF LIABILITY ORGANIZATION/GROUP NAME: -;-/////22::> 4V!;.ui;{r=- !~LA/'<" .>?/H2L/'?~ ~DF /2-~/cP . / -%SiJC EVENT NAME: EVENT DATE: ON BEHALF OF THE ABOVE ORGANIZATION/GROUP, I expressly WAIVE, RELEASE and DISCHARGE the City of Chula Vista, its officers, agents, and employees or any other person from any and all LIABILITY for any death, disability, personal injury, property damage, property theft or actions, including any alleged or actual negligent act or omissions, regardless of whether such act or omission is active or passive which may accrue to myself or members of my organization/group or our heirs in connection with our participation in the above-described event. I fully understand and acknowledge that the CITY OF CHULA VISTA is relying on my representation that I have authorization to sign this document and that I will provide all members of my group a completed copy of this Waiver prior to our participation. I expressly INDEMNIFY AND HOLD HARMLESS the City of Chula Vista, its elected and appointed officials, officers, agents and employees from any and all liabilities or claims made by me or my organization/group, my/our heirs and any other individuals or entities as a result of, or in anyway related to, or arising from, the event identified herein, any of my/our actions in connection with my/our participation in this event except for those claims arising from the sole negligence or sole willful conduct of the City, its officials, officars, employees, volunteers or other representatives. Such indemnification includes liability settlements, damage awards, costs and attorney fees associated with any such claims. I hereby certify that I have read this document, understand its content, and am authorized to sign this document on behalf of all members O~fOUP I represent. DATE: 7~ SIGNAT:RZ~ C NAME: ';'/-evof c?4'5":77 S (Please Print) e><: L"<:-U T71/~ ~~(TC;;Z;/? ~) ~. TITLE: ADDRESS JS3 '777//0 4(/~ r!.HuL.4- fA 5~ 0-9/ ;/ U Return completed Special Event Application form, plus any additional attachments & information to: Ci~1 of Chula Vista - Office of Communications. 276 Fourth Avenue, Chula Vista CA 9.1910 . Tel: 619-691-5296 Fax: 619-409-5448 F(1rm.~ mil!;; hA :<;'/lhmittArl J'jt IAJ'j.~t 4.S rf~v.~ nrinr tn AVAnt ."t~rl rf~tA Inr:nmnfFlfR fnrm!; W1Jl nnt hp, nmr.p,f';!;p,rl 9-5 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENlJE FROM "D" STREET TO "I" STREET Aj\fD "H" STREET BETWEEN SECONTI AJill FOURTH A VENUES AND PORTIONS OF INTERSECTING STREETS FOR THE ANNUAL STARLIGHT PARADE ON DECEMBER 6, 2008, FROM 1:00- 10:00 P.M. \VHEREAS, the City Council of the City ofChula Vista established a Business Improvement Area on November 16, 1971, which created Third Avenue Village Association CTA VA"); and WHEREAS, TA V A has requested the temporary closure of Third Avenue between "D" and "I" Streets, "H" Street between Second and Fourth Avenues, and all other east-west streets that intersect Third A venue between "D" and "I" Streets to the nearest point of detour to Third Avenue to conduct the Starlight Parade on Saturday, December 6, 2008, from 1 :00-10:00 p.rn.; vVHEREAS, the City Council finds that the parade will provide positive publicity for the City throughout the region which will generate commercial revenue; and \VHEREAS, the Starlight Parade has been a Downtown and City tradition for 46 years and the City Council finds that the parade is a benefit to the C~mmunity; WHEREAS, the City'S Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a Class 4 categorical exemption pursuant to Section 15304(e) of the State CEQA Guidelines. Thus, no further environmental review is necessary. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista does hereby approve the closure of Third Avenue between "D" and ''1'' Streets, "H" Street between Second and Fourth A venues, and all other east-west streets that intersect Third A venue betw'een "D" and "I" Streets to the nearest point of detour to Third A venue to conduct the annual Starlight Parade on Saturday, December 6, 2008, from 1:00-10:00 p.m. Presented by Approved as to form by Liz Pursell Director of Communications ........ /" /- . "\ .n!" /~ i , <..... ./' I', . ."... " ". "1-- full I, /u(- J rBart c. iVliesfeld / J ' , ------ .~terimj:ity Attorney . J:\Attomey\FINAL RESOS\2008\! 0 21 08\# 1 OJ_Street closure for Starlight Parade_l Q-21-08.doc 9-6 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETVVEEN CITY OF CHULA VISTA AND THIRD A VENUE VILLAGE ASSOCIATION FOR THE 46th ANNuAL STARLIGHT PARiillE ON DECEMBER 6, 2008 WHEREAS, the City Council" of the City of Chula Vista established a Business Improvement Area on November 16, 1971, which created the Third Avenue Village Association (TA V A); and Wl-IEREAS, TAVA is requesting the closure of Third Avenue between "0" and "I" Streets and "H" Street between Second and Fourth Avenues to conduct the Starlight Parade on Saturday, December 6, 2008, from 1:00-10:00 p.m.; and WHEREAS, TA VA and the City of Chula Vista seek to enter into an agreement for the 46th Annual Starlight Pa~ade; and WHEREAS, this agreement provides the City with indemnitication for claims arising from the events; and WHEREAS, the agreement also outlines T A V A'~ liability insurance requirements and duties governing the operation of the event. NOW, THEREFORE, BE [T RESOLVED that the City Council of the City of Chula Vista does hereby approve an agreement between City of Chula Vista and Third Avenue Village Association for the 46th Annual Starlight Parade on December 6, 2008. Presented by z Liz Pursell Director of Communications (\ .in / /J)C[IU& D. '- Aim Moore City Attorney r::;jf ..;1' \ 1'-iA1.-,A.,l..Ji) J:\AaomeyIRESOIAGREE.l,lE:-ITS\T A VA tor SIJrli"!hl P3rade_IO.21-08.DOC 9-7 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORi\tf BY THE CITY ATTORl'ffiY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL f' '. ."'-'''', ~ --) i /'" \ \ <:\.'\1' 'i; I \\ ''p 1. '/> ) /h I ~1 '. P (; ;vl.v lr --.t, Ba,rt Mre'sfekl IJ;l~~im City Attorney Dated: i1 i 'fLi))'? Agreement between the City of Chula Vista and Third Avenue Village Association for 46th Annual Starlight Parade 9-8 AGREENlENT Between the CITY OF CHULA VISTA, a California municipal corporation and THIRD A VENtrE VILLAGE ASSOCIA nON for 46th AN'NuAL STl\RLIGHT PARA.DE Recitals A. The Third Avenue Village Association (T A V A) will conduct its 46th Annual Starlight Parade on Saturday, December 6, 2008. B. The TA V A wishes to close Third Avenue between "D" and ''I'' streets, betvv"een Second and Fourth Avenues and portions of intersecting streets from I to 10 p.m. for this Special Event. A~eement I. TAVA's Duties T A V A shall perfOffi1 each of the duties described in Attachment A, attached to this Agreement and incorporated into this Agreement by this reference. 2. Term This Agreement is effective upon the execution of the Mayor and explIes on December 31, 2008. 3. Termination of Agreement If TA V A fails to fulfill, in a timely and proper manner, any of TA V A' s obligations or duties under this Agreement, or if TA V A violates any of the covenants, agreements or stipulations of this Agreement, City has the right to terminate this Agreement by giving at least one (I) day \vritten notice to TA V A of the termination before the effective date of the termination. 4. Assignability TA V A shall not assign or transfer any interest in this Agreement without prior v,Titten consent of City. 919 j. Independent Contractor TA V A and any of the TA V A's agents, employees or representatives are, for all purposes under this Agreement, independent contractors and shall not be deemed to be employees of City, and none of them shall be entitled to any benetlts to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. 6. Insurance T A V A represents that it and its statI and agents employed by it in connection with the Special Event are protected against the risk of loss by the insurance coverage outlined in Attachment A including nanling the City, it officials, oftlcers, agents, employees and volunteers as additional insured. 7. Hold Harmless TA V A agrees to defend, indemnify and hold harmless the City, its elected and appointed officials, officers, agents and employees pursuant to the Group/Organization Waiver and Release of Liability executed by TA VA. 8. Notices All notices to be given pursuant to tills Agreement must be in writing. All notices 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 certitled, with return receipt requested, at the addresses identified in this Agreement as the places of business for each of the parties. 9. Entire Agreement! Amendments This Agreement, together with Attachment A, the Group/Organization Waiver and Release of Liability, and any other \vritten document referred to or contemplated in this Agreement embody the entire Agreement and understanding between the parties. Neither this Agreement nor any attachment or provision may be amended or modified except in writing executed by each party to the Agreement. 10. Capacity of Parties Each signatory and party to this Agreement warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into tills Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. .., 9-40 Dated: Attest: Donna Norris, CMC Interim City Clerk Approved as to form: Bart Miesfeld Interim City Attorney Dated: City of Chula Vista By: Cheryl Cox Mayor Third Avenue Village Association BV:~ ~~eve Eastis Executive Director ~ o 9-11 CITY COUNCIL AGENDA STATEMENT . "'" A CITY OF ----" (HULA VISTA 10/21/2008, Item~ ITEM TITLE: PUBLIC HEARING: CONSIDERATION OF AtvIENDING THE CITY'S MASTER FEE SCHEDULE, CHAPTER VIII, SECTION A, B, Al'ID D AND ESTABLISHING NEW GREENS FEES AT CHULA VISTA i'vfUNICIPAL GOLF COURSE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ANIENDING CHAPTER VIII (GREENS FEES, CHTJLA VISTA MUNICIPAL GOLF COURSE) THE CITY'S i'vLA.STER FEE SCHEDULE AND ESTABLISHING NEW GREENS FEES AT CHULA VISTA MUNICIPAL GOLF COURSE SUBMITTED BY: REVIEWED BY: DIRECTOR OF PUBLIC WORKS @~ fi, INTERTh1 CITY MAi'lAGER <7-) . 4/STHS VOTE: YES D NO 0 SUMiVL<ill.Y Arrierican Golf Corporation (AGC) is requesting rate changes to greens fees for the Chula Vista Municipal Golf Course. In accordance with the lease agreement, AGC can submit rate changes on an annual basis for the City's review and approvaL The current greens fees have been in. effect since August 1, 2006. RECOMMENDATION: That Council conduct the public hearing and adopt the resolution. BOARD/COMMISSION RECOMMENDATION: The Presidents of the Men's and Women's Golf Clubs were notified and the proposed rate fee changes were posted at the Pro Shop. Both the Men's and Women's Clubs support the new greens fees. DISCUSSION: American Golf Corporation (AGC) submitted a request for rate changes to greens fees for the Chula Vista Municipal Golf Course (CVMGC) in April of 2008. Staff recommends approving modified Greens Fees rates, but different from AGC's proposaL The current greens fees have been in effect since August 1, 2006. L, preparing its analysis, staff compared the rate changes requested by AGC to comparable courses in the area, such as Coronado, Bonita, Balboa, and 10-1 10/21/08, Item~ Page 2 of 5 Oceanside. The San Diego Country Club and Eastlake golf courses were excluded from this analysis because these golf courses are privately and semi-privately o\\ined, respectively. AGC did not object to staff comparing their proposed rate increase to the golf courses mentioned above. Golf Course. The current golf course conditions reflect an improved on-going maintenance schedule that delineates the tee boxes, fairways, and greens areas by mowing grass at a shorter height. Greens quality remains consistent and bunker quality continues to improve. Golf course management has emphasized regular course audits and has paid close attention to details from a golfer's perspective. Furthermore, AGe has spent approximately $230,000 over the past t\\io years making capital improvements to the golf course. Some of the new improvements include: a Cart path installation (21,956 sq ft). a Fairway sod installation (29,500 sq ft). . Installed new HV AC in banquet rooms. . Replaced irrigation pumps. Greens Fees Analvsis. Table A shows CVMGC's current rates, along with AGC's proposal and rates for Bonita, Balboa, Oceanside and Coronado. As indicated in Table A, AGC proposes to increase resident and non- resident greens fees for weekend 18 holes by $3.00. AGC also proposes to increase the resident card from $10.00 to $20.00. Staff recommends increasing resident and non-resident' greens fees for weekend 18 holes by $3.00 and $4.00 respectively. The higher non-resident fee proposed by staff represents an increase of 11.76% compared to an increase of 11.54% for residents. Also, as reflected in Table A, non-residents typically pay higher greens fees at municipal golf courses. Regarding the resident card, staff recommends increasing this fee from $10.00 to $12.00. Senior Tickets. Currently, seniors who purchase the $50 monthly card have unlimited golf play on weekdays for $3.00 per round. AGC recommends increasing the ticket fee from $3.00 to $4.00 per round. However, this fee was increased from $2.00 to $3.00 per round "ith the last rate increase in August of 2006. In addition, this fee only affects the group of seniors who were "grand-fathered" as existing card holders, which means no new additional card sales can be issued. As a result, the number of senior tickets has been reduced from 64 to 35 cardholders over the past two years. Therefore, staff does not recommend increasing the senior tickets based on the following information: . There are only 35 monthly cardholders (45% reduction since 2006). o Monthly cardholders pay an average cost of $8.00 per round on weekdays and represents only 17 percent of all weekday play. a The $12.00 resident senior card allow seniors unlimited play at a fee of$I1.00 per round on weekdays and represents 61 percent of all weekday play. 10-2 10/21/08,ItemR Page 3 of 5 The following information is also provided regarding the play at CVMGC based on 76,995 rounds: . Residents represent 54 percent of total play; . o Non-residents represent 18 percent of total play; o Approximately 28 percent of total play are tournamentslreplays and greens fees specials; · The senior rate of $11 remains the lowest when compared with Balboa, Mission Trails, Coronado, Oceanside, and Bonita golf courses. Table A below shows CVMGC's current rates, including AGC's and staffs proposals and the rates tor Bonita, Balboa, Oceanside and Coronado. 10-3 Table A Competitive Market Analysis Average Rates Bonita Balboa Oceanside Coronado Rate of 4 CVlVIGC Courses Existing Weekday Resident 18 holes 26.00 28.00 23.00 25.00 .25.50 20.00 Non-Resident 18 holes 26.00 35.00 26.50 25.00 28.13 25.00 Resident 9 holes N/A N/A N/A N/A N/A 12.00 Non-Resident 9 holes N/A N/A N/A N/A N/A 15.00 Resident Twilight 17.00 17.00 12.75 13.00 . 14.94 13.00 Non-Resident Twilight 17.00 21.00 15.25 13.00 16.56 16.00 Resident Super-Twilight N/A N/A N/A N/A N/A 10.00 Non-Resident Super- Twilight N/A N/A N1A N/A il/A 1000 Senior (Residents) N/A 20.00 12.00 N/A 16.00 10.00 Senior Ticket (Residents) N1A N/A N/A N/A N/A 50.00 Ticket Fee N/A N/A N1A N/A N/A 3.001 Weekend Resident 18 holes 38.00 35.00 25.50 25.00 30.88 26.00 Non-Resident 18 holes 38.00 44.00 35.00 25.00 35.50 34.00 Resident 9 holes N/A N/A N/A N1A N/A 14.00 Non-Resident 9 holes N/A N/A N/A N/A N1A 17.00 Resident Twilight 25.00 21.00 15.25 . 13.00 16.44 16.00 Non-Resident Twilight 25.00 26.00 17.50 13.00 19.00 19.00 Resident Super-Twilight N/A N/A N/A N/A N/A 15.00 Non-Resident Super- Twilight N/A N/A N/A N/A N/A 15.00 Senior N/A N/A N/A N/A N/A N/A 10/21/08, Item~ Page 4 of 5 1 Existing cardholders have been "grand-fathered". Therefore, no new additional card sales are authorized. 10-4 10/21108, Item~ Page 5 of 5 Decision Maker Conflicts. Staff has reviewed the property holdings of the City COlUlciI and has found a conflict, in that COlUlcilmember McCann has holdings within 500' of the property, which is the subject of this action. FISCAL IMPACT: Staff recommends approving modified Greens Fees rates, but different from AGC's proposal, to go into effect on November 1,2008. The new greens fees increase will produce approximately $7,800 annually in additional revenue for the General FlUld based on a projected 76,995 rOlUlds of golf played at CVMGC Attachment: A. Request from American Golf Corporation for rate change for Chula Vista Golf Course B. Redline/strikeout (and clean copy) of the Master Fee Schedule Prepared by: Bob Beamon, Administrative Services lvfanager, Public Works Department H:\Agenda IremsIIO-2I-08ICVMGC Fee Increase. doc 10-5 ~ ehula Vista GOLF COURSE AA-nchrneJl+ A April 14, 2008 Mr. Tom Class Parks and Open Space Manager City ofChula Vista 447 F Street Chula Vista, CA 91910 Dear Tom; On behalf of Chula Vista Municipal Golf Course I am requesting the approval for golf rate increases. Rates were decreased in 2006 due to an overall decrease in rounds played and a competitive market analysis. Since the rate reduction we have had great success in securing more rounds than forecasted, increasing rOlli'ds 4% from 2005. However, in this same time span expenses have gone up considerably. 1v1inimum wage, health benefits, water and gas are just a few examples of our increases in expenses. Our labor expense has grown 25% since 2004, whiie water and other utilities have gro'Wn 200/0 over this same period. By add~""1g new equipment in food and beverage and maL'"1tenance, QUT lease expense has grOwTI 73% sL.'1ce 2004. Costs in these areas are forecasted to continue to rise. Along with these operating expenses, we have continued ,to invest in capir.al projects throughout this period. Following the $500,000 remodeling of the banquet facility, ivnerican Golf has invested over $300,000 in capital funds over the past Two years at Chula Vista Municipal. We have added $125,000 in c"-",, paths and have plans to continue this work~, 2008. Over S50,000 bas been spent on bunker and sod work during this time by adding sand to selected bunkers, and improving our summer turf coverage with the installation of bennuda sod. These projects have improved the overall guest experience and has added increased value to the properly We have completed a market analysis of competitor courses and comparable rates. We have identified a few rates L1clat we feel we are below the market and sbould increase. These suggested increases still keep our rates below Li}e price of our competition, 3J."1d will continue to be a value to Qur guests. I believe these increases are in order and will assist us in managing through the demands of ~ncreasing operating expenses while remaining competitive in OUT market segment. Thank you in advance for your time and consideration on this proposal. Please get back to us at your earliest convenience as we would like to implement the changes right away. l~ Chris Gilfillen General Manager Chula Vista Municipal Golf Course American Golf Corporation cc earn Stephens I Attachment 4475 Bonita Rd . Bonita, CA 91902. 619.479.4141 10-6 fun" Wee.kday IResid~n.t 18 holes Non-Resident 18 holes Resident 9 holes SQn-R~side[1t 9 holes Reside:1.! TwilighT NOl"l-Resider.t Twdignl lResidenl Super-Twiiig~( L-_ _ Non-Resider1t Super- T~~~~~_._.__ SeniOl (Residents) Senior Tickets (Residents) Ticket Fee Weekend R~;d~~; i8hok";--'--- No~-R'e;idenr 18 holes ehula Vista GOLF COURSE Competitive Mark.et Analysis Chula Vis'" Golf Course IBOnita Balboa lo,,,",;d. 26.00! 23.00! 23.001 26.001 36.001 26.501 N/Ai I N/AI NJAi N/A! :>-liA! N/A! 17.00! 12.501 12.751 17.00i 20.501 15,251 Nt.A.! , I N/Ai N/Aj I i NiAI N/A! N/Ai N/A..! 10.5o! 12.001 , , NiA! NJA: N/A": , N/Ai -N/A' N/A! .- ,-""- !" =- r.l~l buy resident card __~~:~~_._~oo:~_ 25.501 38.001 41.00! 35.001 ~~2~t~:;::~,~~~=---- ,;~~: ~~ReSlden7T~;!lg~l 2) DO! Resident Super-Twilight N/A! Non-Resident Super. Twilighl Senior Resident Cards Senior Resident funi';; -Monthly card 525. Free golfMon-Fri. 53 after 12 on weekend City of Long Be:lch City of UlS Ao-:ge!es-seniors only .._. ._._u.,~ N/.""J N/A\ NtA: !5.251 , ;--itA! 12.5oi 20.50! N/Ai , ii.50! N/.A.i i N/Ai , N/A! , NtAi N/A\ 2~.OO: 25.001 , -. :-.reighoorbg Cities resident card pricing 20.00! i i 25.001 N/.J I N/,<\l 1 N/AI }.ii.A..! MissioD Trails 23.001 23.00! I NiA! N/Ai 20.00! 20001 N/Al i N/Ai 20.00! NiA! WA! 39.00i 39.001 N/.,I N/AJ 28.001 28.001 Average Rate 0(4 .cQurses 23.i5 27.331 NiAi , NJAI 15.56 18.19 N/AI , 14.1i i I N,:A: N/AI i 31.881 38.25, , N/.....! NiAl 20.19, \J./ , 22.75 ! N/A! CYMGC Existing NJ.4.l 1 N/AJ N/Ai , , :-;:AI N/A! '.:~~-:A~;' Difference i~ii ~-:QiY.'.j" D;ff",,,, ~;~~! % % I :'-if.'\! , NtA: I I NiAi N/A! 20.00 25.00 - ::! [:1 :~~,::: 0.00 l (]4.00)i -]00.00% 0.00 i , 0.00 i {16..00)t .100.00% 0.00 i 0.00 0.00%'- 1.00 1 0.00'% ~ 0.00 1.00 I 3ijJ~~J:~: O,OO! 0.00% ::.:~j~{::?':_----- ::':~:"K~-:/~. :.______2____ 3.00! ] l.54%,;'~, ''';>:~-,' --2~qq)I-100.0090 ":".i "><~:];__L3:.00)1 -100.00% 000% ;~~,~;./ ~_ (14.00)! _~~-"~ 12.00 14.00 13.00 16.00 10.00 10.00 10.00 50.00 3.00 26.00 34.00 )4.00 I 10.DOi 20.00; 10.00 j \O.OOi 20.001 10.00 I , ! 25.00( 25.00i 0.00 4475 Bonita Rd' Bonita, CA 91902 . 619.479A141 10-7 CHAPTER VIII fl;\u.,.., 'h" ,.." , " ,(' ,,' n-"' r-c-, ,-; 1,''-'- '--1)(__ Greens Fees, Chula Vista Municipal Golf Course A. STA1'!DARD GREENS FEES Number Standard Resideut of Greens Discount Applicable Davsrrimes/Months Holes' Fees Rate i Monday through Friday I (excluding legal holidays) 18 $25.00 $20.00 Saturday, Sundays and legal holidays 18 $;438.00 $U29.0~ , Monday through Friday I (excluding legal holidays) 9 $15.00 $12.00 Monday through Friday/t\Vilioht 9 $16.00 $13.00 I Monday through Friday/super twilight 9 $10.00 $10.00 , * Saturdays, SUndays and legal holidays 9 $17.00 $14.00 Saturdays, Sundays and legal holidays/twilight $19.00 $16.00 Saturdays, Sundays and legal holidays/super twilight I $15.00 $15.00 [Resolution 'C~Qs 'C'C"2008-xxxx. effective Q,".''Cj''C~~sl Jl0112008! * 9-hole play would continue to be scheduled in the early morning on the back nine only, Once the front nine golfers are fInished, 9-hole play will be limited after 12:.00 noon. B. RESIDENT DISCOUNTS 1. A resident discount card is established at an annual charge of$~12.00. Residency requirements must be met to purchase the discount card. One of the following forms of identification will be required to show proof of residency: [Resolution 'COOS 'C'C"2 008-xxxx. ~lJective ,1,".''C :,"'COOS 1110 1/2008! 1. Driver's License 2. Current Utility Bill 3. A Parcel Map sho\ving location of Chula Vista property o\Vnership 2. Resident rates shall also apply for non-residents of the City ofChula Vista who are members of either the Chula Vista men's Golf Club or the Chula Vista ladies' Golf Association and who have paid a $25.00 one time only fee to the City of Chula Vista. C. JUNIOR MONTHLY TICKET The cost of a junior monthly ticket is hereby established as $25.0Q. Said monthly ticket shall entitle a junior (defined as non-college students who have not reached their eighteenth birthday or completed their senior year of high school) to playa maximum of 18 holes per day after the hour of2:00 p.m., subject to any rules, regulations or restrictions imposed by the management of the Chula Vista Municipal Golf Course. C:\Docum~nt:; and S~!;tings\RobertB\Loc:l! Seuings\Temporary !;\lemet files\OL1C.1\C:lp. VIU--Gr~ns ?e~5 CV\1GC (38 redJine}_IO-:l-OS.doc 10-8 D. SENIOR RATES 1. Qualifications a. Chula Vista residency. Said residency shall be verified by driver's license or voter registration card. b. The individual must be at least 62 years of age. c. Play is restricted to weekdays only, holidays excluded. (Monday through Friday, 8:00 a.m. to 12:00 noon) 2. Seniors Discount Cards (Yearly, Monthly) a. Yearly Discount Card, subject to above qualifications- $+G-,OO 12.00. b. Monthly Discount Card, subject to above qualifications - $50.00.' · Only existing cardholders to be "grandfathered". No new cards issued after 07/25/2006. [Resolution 2999 22:2008.xxxx. effective 9.-'-."290911/01/20081 3. Seniors Greens Fees (Residents only) . Number of Greens Fees Applicable Davsffimes/Months Holes Charges I Monday through Friday, excluding legal holidays I - with $~ 1) yearly discount card 9 or 18 $~ 11.00 per round I - with $50 morith1y discount card "grandfathered 9 or 18 $ 3 .00 per round , , cards" issued prior to 07/25/?006) [Resolution 2999 22-2008-xxxx. effective 0-.'2.'/209911/01120081 I E. RAIN CHECKS No rain checks will be given for any fee category. F. LEGAL HOLIDAYS For the purposes of these golf course fees, legal holidays re defined as follows: January 1, New Year's Day; February 12, Lincoln's Birthday; third Monday in February, Washington's Birthday; last Monday in May, Memorial Day; July 4, Independence Day; first Monday in September, labor Day; September 9, Admission Day; second Monday in October, Columbus Day; November 11, Veteran's Day; fourth Thursday in November, Thanksgiving; fourth Friday in November; and December 25, Christmas. C:\Documems and :5ettin~\.Robe"B\Lo<;;~J Sertingi\T~mporal)' Intel1'let FiiesIOLIC.4\Chp. VIll--Greens Fees C'l/!'vtGC (BB redlin"eJ_IO_21..oS.doc 10-9 CHAPTER vrn Greens Fees, Chula Vista Municipal Golf Course A. STANDARD GREENS FEES Number Standard Resident of Greens Discount Aoplicable Davsffimes/Months Holes Fees Rate ] i , I Monday through Friday 18 $25.00 $20.00 , (excluding legal holidays) j Saturday, Sundays and legal holidays 18 $38.00 $29.00 Monday through Friday (excluding leaal holidays) 9 $15.00 $12.00 ! Monday through Friday/twiliaht 9 $16.00 $13.00 Monday through Friday/super twilight 9 $10.00 $10.00 , * Saturdays, Sundays and legal holidays 9 $17 .00 $14.00 Saturdays, Sundays andlegal holidays/twilight $19.00 $16.00 Saturdays, Sundays and legal holidays/super twilight $15.00 $15.00 [Resolution 2008-xxxx, effective 1//01/2008J * 9-hole play would continue to be scheduled in the early morning on the back nine only: Once the front nine golfers are fmished, 9-hole play will be limited after 12:00 noon. B. RESIDENT DISCOUNTS 1. A resident discount card is established at an annual charge of $12.00. Residency requirements must be met to purchase the discount card. One of the following forms of identification will be required to show proof of residency: [Resolution2008-xx-.x, effective 1//0//2008J 1. Driver's License 2. Current Utility Bill 3. A Parcel Map showing location ofChula Vista property ownership 2. Resident rates shall also apply for non-residents of the City of Chula Vista who are members of either the Chula Vista men's Golf Club or the Chula Vista ladies' Golf Association and who have paid a $25.00 one time only fee to the City of Chula Vista. C. JUNIOR MONTHLY TICKET The cost of a junior monthly ticket is hereby established as $25.00. Said monthly ticket shall entitle a junior (defined as non-college students who have not reached their eighteenth birthday or completed their senior year of high school) to playa maximum of 18 holes per day after the hour of2:00 p,m" subject to any rules, regulations or restrictions imposed by the management of the Chula Vista Municipal Golf Course. C:\Documenu and Sertings\ltobertB\Loca.J S~ttings\Temporary Internet Fjles\OLK2.~\Cap. VlI1-Greens FellS CVMGC (de:m cc)_lO-:I..(lIUoc 10-10 D. SENIOR RATES 1. Qualifications a. Chula Vista residency. Said residency shall be verified by driver's license or voter registration card. b. The individual must be at least 62 years of age. c. Play is restricted to weekdays only, holidays excluded. (Monday through Friday, 8:00 a.m. to 12:00 noon) 2. Seniors Discount Cards (Yearly, Monthly) a. Yearly Discount Card, subject to above qualifications - $12.00. b. Monthly Discount Card, subject to above qualifications - $50.00.* * Only existing cardholders to be "grandfathered". No new cards issued after 07/25/2006. [Resolution 2008-xxxx, effective / //0//2008J 3. Seniors Greens Fees (Residents only) Number of Greens Fees I Applicable DavsrrimeslMonths Holes Charges Monday through Friday, excluding legal holidays . - with $12 yearly discount card 9 or 18 $11.00 oer round - with $50 monthly discount card "grandfathered 9 or 18 $ 3 .00 per round cards" issued orior to 07/25/2006) [Resolution 2008-xxxx, effective 1//0//2008J E. RAIN CHECKS No rain checks will be given for any fee category. F. LEGAL HOLIDAYS For the purposes of these golf course fees, legal holidays re defined as follows: January I, New Year's Day; February 12, Lincoln's Birthday; third Monday in February, Washington's Birthday; last Monday in May, Memorial Day; July 4, Independence Day; first Monday in September, labor Day; September 9, Admission Day; second Monday in October, Columbus Day; November II, Veteran's Day; fourth Thursday in November, Thanksgiving; fourth Friday in November; and December 25, Christmas. C;\DOI;T.lmenIS and Settin!lsIRobertB\Local Setlings\Tempor:uy [ntemel FilesIOLK14\Chp. V1lI-C....ecns Fees C"",fGC (deln cc)_lo.2l..(J8JoG 10-11 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRULl.. VISTA Ai.\1ENDING CHAPTER VIII (GREENS FEES, CRULl.. VISTA 1vfUN1CIP AL GOLF COURSE) OF THE CITY'S 1vL;.STER FEE SCHEDULE AND ESTABLISHING NEW GREENS FEES AT CRULl.. VISTA MUNICIPAL GOLF COURSE WHEREAS, American Golf Corporation (AGC) submitted a request for rate changes to greens fees for the Chula Vista Municipal Golf Course (CVMGC) in April 2008; and WHEREAS, in accordance with the lease agreement, AGC can submit rate changes on an annual basis for the City's review and approval; and WHEREAS, the current greens fees have been in effect since August 1,2006; and \VHEREAS, staff recorrunends approving modified greens fees rates, but different from AGC's proposal; and WHEREAS, in preparing its analysis, staff compared the rate changes requested by AGC . to comparable courses in the area, such as Coronado, Bonita, Balboa, and Oceanside; and WHEREAS, AGC has spent approximately $230;000 over the past two years making capital improvements to the golf course; and WHEREAS, staff recorrunends increasing resident and non-resident greens fees for weekend eighteen holes by $3.00 and $4.00, respectively, because the higher non-resident fee . proposed by staff represents an increase of 11.76 percent compared to an increase of 11.54 percent for residents; and WHEREAS, staff recommends increasing the resident card fee from $10.00 to $12.00; and WHEREAS, staff does not recommend mcreasmg the semor tickets based on the fonowing information: . There are only 35 monthly cardholders (45 percent reduction since 2006); . Monthly cardholders pay an average cost of $8.00 per round on weekdays and represents only 17 percent of all weekday play; o. The $12.00 resident senior card allow seniors unlimited play at a fee of$II.OO per round on weekdays and represents 61 percent of all weekday play. 10-12 J:\.-\\tOr:leylRESOIFINANCE\MFS . CVMG C"urse Gr<:ens .~=-'O.2I-08.do<; Resolution 2008- Page 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend Chapter VIII (Greens Fees, Chula Vista Municipal Golf Course) of the City's Master Fee Schedule, as reflected on the revised Master Fee Schedule on file in the Office of the City Clerk: BE IT FURTHER RESOLVED that the City Council does hereby establish new Greens Fees at the Chula Vista Municipal Golf Course in accordance with staffs proposal shown on the table on file in the Office of the City Clerk. BE IT FURTHER RESOLVED by the City Council that the new fees shall become effective on November 1,2008, Presented by Approved as to form by Jack Griffin' Director of Public Works :\"~ C\ ) / .' I ( c' .,' ~_ "..... uJi1~-{ . ~I\Bartiij:_ Mies eld'j .... .-\1 InterYm CIty Attorney 10-13 J:\.-l.lIom<<yIRESQIF1NANCE'MfS . CVMG Caurse Greens l'eo:s_IO-::l-08.doc CITY COUNCIL AGENDA STATEMENT ~ CITY OF - - (HUlA VISTA ITEM TITLE: SUBMITTED BY: REVIEWED BY: 10/21/08, Item II RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT ENTITLED "OTA YRANCH CONlMUNITY PARK CIPNO. PR261", A.MENDING THE FISCAL YEAR 2008/2009 CAPITAL IMPROVEMENT BUDGET, A1'ID APPROPRIATING $697,764 FROM THE PARK ACQulSITION N.m DEVELOPMENT FUND TO CIP NO. PR261 TO DEVELOP A MASTER PLA1'! FOR THE OTAY RANCH COMMUNITY PARK RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHUlA VISTA ESTABLISHING TWO NEW CAPITAL IMPROVEMENT PROJECTS ENTITLED "OTA Y RANCH VILLAGE 2 NEIGHBORHOOD PARK P-2 CIP NO. PR309" AND "OT A Y RANCH VILLAGE 2 NEIGHBORHOOD PARK P-3 CIP NO. PR308", AlvIENDING THE FISCAL YEAR 2008/2009 CAPITAL IMPROVEJ\;IENT BUDGET, AND APPROPRIATING $122,000 FROM THE PARK ACQUISITION A1'ID DEVELOPMENT FUND TO CIP NO. PR308 AND APPROPRIATING $122,000 FROM THE PARK ACQUISITION lu'lD DEVELOPMENT FUND CIP NO. PR309 TO DEVELOP MASTER PLANS FOR THE OTA Y RANCH VILLAGE 2 NEIGHBORHOOD P l\RK P-2 AND THE OT A Y RANCH VILLAGE 2 NEIGHBORHOOD PARK P-3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT ENTITLED "SUNSET VIEW PARK SAfETY NETTING CIP NO. PR303", AMENDING THE FISCAL YEAR 2008/2009 CAPITAL IMPROVEMENT BUDGET, AND APPROPRIATING $150,000 FROM THE PARK ACQUISITION AND DEVELOPMENT F1]r-H) FOR SAfETY NETTING AT THE SUNSET VIEW P,OJU{ ROLLER HOCKEY RINK DIRECTOR OF ENGINE ERIN DIRECTOR OF RECREATION ~J INTERIM CITY MA1~AGE~ 4/STHS VOTE: YES [gj NO D 11-1 Page 2, Item II Meeting Date 10/21/08 SUMMARY The purpose of these resolutions is to appropriate funds to develop the Master Plans for the Otay Ranch Community Park (previously referred to as the 70-Acre Park) and Otay Ranch Village 2 neighborhood parks. It is anticipated that the master planning process including land parcel acquisition, site analysis, and conceptual design for the Otay Ranch Community Park will take 18 to 30 months. The Master Plan programming and conceptual design for the two Otay Ranch neighborhood parks is each estimated to be completed within 12 to 18 months. Sufficient monies are available in the Park Acquisition and Development Fund to fund these work efforts. RECOMJ'\1ENDATION Council adopt the resolutions. DISCUSSION BACKGROUND Community Parks and Nei!!hborhood Parks The City requires that new development comply with the obligations contained within the City's Park Land Dedication Ordinance (PLDO) - Chapter 17.10 of the Municipal Code - established pursuant to the Quimby Act, requiring a level-of-service standard ofa minimum ratio of three acres of public park land per 1,000 population so that new development will meet the demand for park and recreation facilities and services resulting from new development. In satisfaction ofthis obligation, the City accepts a combination of either park land or payment of in-lieu fees, together with fees for the development of the park land. Community Park Policy 1.13 of the Parks and Recreation Master Plan defines the criteria the City uses for selecting and accepting net useable land for community parks. A community park provides the opportunity for the City to meet the recreational needs of youth and adult activities, as well as passive activities. Community parks are designed to serve more than one neighborhood, and are generally 30 acres or more in net, usable area. Typical facilities contained in a community park include lighted ball fields and courts, recreational complexes and parking areas as needed for programmed uses. In addition, community parks include facilities that are also found in neighborhood parks, such as picnic facilities, informal fields, children's play areas and passive activities. Neighborhood Park The Parks and Recreation Master Plan defines the criteria the City uses for selecting and accepting net usable land for neighborhood parks. Neighborhood parks are designed to serve residents within walking distance of the park site (approximately Y2 to % mile), vary in size between 7 and 12 acres of net useable area and are intended to provide a more relaxed informal nature than that of community parks. 11-2 Page 3, Item \ \ Meeting Date 10/21/08 Citywide Parks and Recreation Master Plan The Citywide Parks and Recreation Master Plan (CVPR1\1P), dated November 2002, provides a vision and the framework to guide the City Council and staff in the current evaluation and long range planning of parks and recreation facilities throughout the City. This comprehensive document places emphasis on connectivity of existing parks and proposed park projects which enhance the park and recreational opportunities throughout the community. It is a comprehensive park plan which recognizes that a park system is more than simply a collection of individual recreational elements. Each park must be viewed within the context of the whole park system to ensure that it functions properly in providing a balance ofrecniational opportunities. These resolutions will continue the CVPR1\iIP effort and provide the City Council with a financial status of the Parks Acquisition and Development Fund as well as appropriates funds for the Master Planning efforts of the Otay Ranch Community Park and neighborhood parks. The CVPR1\iIP is currently being updated to include the current inventory of parks and recreation facilities and will be.presented to the community for feedback and input. The CVPR1\1P will be completed simultaneously with the Master Planning efforts for the OtayRanch Community Park and staff anticipates bringing the CVPR1\iIP forward for Council approval in the spring of2009. In addition to completion of the CVPRtvlP, staff recommends utilizing existing Landscape Architecture staffto develop the ~aster Plan for the Otay Ranch Community Park and Master Plans for the two Otay Ranch - Village 2 neighborhood parks. Developing the Master Plans in-house will expedite the process and elevate the quality of the final product at a lower cost. Master Planning would include determining the preferred delivery method of park construction, identifying the scope for detailed construction plans and specifications for a first phase and subsequent construction phasing. It is anticipated that the development oflvfaster Plans for the Otay Ranch Community Park and the two neighborhood parks will take the equivalent of three full-time landscape planning/architect positions. Sufficient staff resources exist within Landscape Architecture Section of the Engineering Department to perform the required workload for both the Otay Ranch Community Park and the two neighborhood parks. The Park ACQuisition and Develollment Fund The Park Acquisition and Fund (PAD) was established in 1971 for the purposes of park land acquisition and development per the Quimby Act. Attachment 1 provides a summary of the PAD fund budget. The unappropriated balance of the PAD Fund is $30.4 million (reflective of Council actions on October 7,2008, authorizing a fee refund totaling $1.2 million and appropriating $7.8 million to Mt. San Miguel Park). Funds collected under the legal authority of the Quimby Act may only be spent on projects serving the same subdivision paying the fees. In order to ensure the appropriate expenditure ofthe funds, stafftracks these monies by planning area. The available funds are designated in the following manner: 11-3 Page 4, Item \ I Meeting Date 10/21/08 Western CV Park Funds . Eastern CV Park Funds Interest Earnings FUND TOTAL $592,506 $36,415,571 $3,232,681 $40,240,757 $0 (56,213,785) (53,639,586) ($9,853,371 ) $592,506 $30,201,787 (5406,906) $30,387,387 Gtay Ranch Community Park - The City has collected $27.6 million for development of the Otay Ranch Community Park, A total of$13 million remains to be collected from future developments (Winds tar, Village 2, Eastern Urban Center [EUC] and Villages 4 and/or 8) to complete this park. The contributing Villages and the project's estimated funding are detailed below, ~~~~~jlt[~J!III Misc Intill $770 Village I, 5, & 6 (McMillin) 56,116,739 Village IW $1,054,198 Village 2 $399,359 Village 6 (OtayRanch) $3,968,112 Village 7 $1,432,448 Village 11 $14,621,804 $27,593,429 ~~~ Windstar $4,291,520 Village 2 $3,834,056 EUC $2,900,000 Village 4 and/or 8 $2,009,425 $13,035,001 The current estimate for construction of this park is approximately $49 million, This estimate is based upon the acquisition of 17 acres of park land and development of the park's 70 acres, assuming costs commensurate with recently constructed parks, A detailed development cost estimate for the project will b~ prepared as part of the master planning process, Based upon the current estimated project budget of$49 million, an $8,4 million gap is projected, This gap is the result of fluctuations in the cost of acquiring and developing park lands occurring between the collection offees and the actual construction of the park. In order to close this gap, it will be necessary to identify other funding (PAD fees from other developments to be served by the park, interest earnings, etc,) or to adjust the overall project budget The master planning process will include recommended means of closing this estimated gap, Windstar Pmject Fees - PAD fees generated by the Windstar project in Eastlake Vistas were originally anticipated for allocation to the Mt San Miguel Community Park ($3,6 million); the Otay Ranch Community Park ($450,000); and the installation of safety netting at the Sunset View roller- hockey rink (5150,000), On October 7, 2008, the City Council authorized staff to move forward with construction ofMt San Miguel Park in advance ofreceiving the Windstar PAD fees, Mt San Miguel was made whole by applying PAD fund interest earnings, This action resulted in the negative $406,906 balance in interest earnings shown in the above available fund balance summary. If the Windstar project PAD fees are received in the future, they will be available to either repay the interest earnings applied to Mt San Miguel, or to assist in the construction of the Otay Ranch Community Park. If the fees are used to repay the interest earnings applied to Mt San Miguel, the 11-4 Page 5, Item \ \ Meeting Date 10/21/08 same interest funds would then be available for the Otay Ranch Community Park, resulting in the same $13 million in future funding. All Seasons Park - This park is on hold until Windstar PAD fees are received. In the interim, staff will continue to work with the design-build contractor, Erickson Hall, to produce a final set of plans. When sufficient funds are available, the Guaranteed Maximum Price (GMP) will be negotiated. Sunset View Safety Netting - It is recommended that installation of the safety netting at the Sunset View roller-hockey rink move forward in advance of receiving the Windstar fees, using the available fund balance for eastern Chula Vista. The project will be funded by interest earnings projected for Fiscal Year 2008/2009. The funding priority for future interest earnings is as follows: (1) installation of safety netting at Sunset View; (2) repayment of the $406,906 negative balance created by funding Mt. San Miguel, and (3) construction of All Seasons Parle It is anticipated that approximately $450,000 in interest earnings will be required to close the funding gap for All Seasons Park, as detailed in the PAD Budget included as Attachment I of this report. Otay Ranch Village 2 Neighborhood Parks - A total of $600,000 is available to begin the Master Plan process for the two Otay Ranch - Village 2 neighborhood parks. A total of$5.8 million remains to be collected in PAD fee obligations to complete these parks. Future Park Land Opportunities - City staff will continue to look for opportunities to purchase additional park land parcels in western Chula Vista in an effort to meet the ratio of three acres of public park land per 1,000 population. P ,AJ) fees would be fldj usted and collected accordingly. The Parks and Recreation Master Plan update will also inclLlde identification of potential opportunities for City Council consideration. Otav Ranch Community Park Site Information The proposed Otay Ranch Community Park site is located within a southeast ponion ofOtay Ranch Village 2 (the Village of Montecito), east of Village 3, and within a northeastern ponion of Otay Ranch Village 4. The park site is bordered by La Media Road on the east, the Wolf Canyon MSCP Preserve at its north and west, and Rock Mountain Road to the south. The Otay Ranch General Development Plan was amended on December 13, 2005 (Resolution No. 2005-427) to group several of the Otay Ranch Village park obligations into a larger community park than the standard-sized community park, as defined by the CVPR..MP , as an approach to maximizing recreation facility yield. The site consists of approximately 70 acres accotnmodating a portion of park acreage obligation from Village 2 and a portion ofthe park acreage obligation from Villages 4 and/or 8. The site also is intended to accommodate carryover obligation from previous development between 1998 and 2005 from Villages I, 1 West, 5, 6 & 7, as well as with PAD fees collected for in- lieu acreage and Park Development fees in 2002 and 2003 from Village 6 and in 2004 and 2006 from Village 2. 11-5 Page 6, Item \ \ Meeting Date iO/21/08 Preliminary Park Facilities The proposed Otay Ranch Community Park has been identified by the CVPRlvIP to contain the following primary facilities: ten softball fields with lighting; six soccer fields with lighting; four tennis courts with lighting; four basketball courts with lighting; 45 picnic tables and several shade structures; three children's play areas; restrooms and maintenance building; a 20,000 sq. ft. gymnasium with a teen annex; and a 63,000 sq.ft. aquatic complex. Support and additional facilities proposed are: open lawn areas; paved walkways with lighting; parking lots with lighting; and a skateboarding/rollerblading area. Park Development As noted above, the proposed Otay Ranch Community Park site will provide significant recreational opportunities for several villages within Otay Ranch in satisfaction of the project's P AD obligation. Not all of the anticipated PAD development fees for the entire park acreage have been collected as obligation triggers have yet to be reached. As a result, phasing the park improvements is the most practical approach to developing the parle A first phase of development would allow the City to provide recreational opportunities within a reasonable time period. Phased development does require a carefully thought-Ollt plan for the whole park and one that considers the site in its entirety, with all the associated opportunities and constraints. Staff estimates the Master Plan process would extend a minimum of 12 months and as long as 24 months. Some of the park site is already offered for dedication to the City arid other portions are at the stage of acquisition. Sizeable amounts ofP AD monies have also been collected, so the opportunity is presented to commence the master planning process, as well as the development of a phase-one plan for improvements. Village 2 Neighborhood Parks Site Information On May 23,2006 (Resolution 2006-158) the City approved the Final A Map No. 15350 for 0tay Ranch Village 2, which created two Neighborhood Park parcels, P-2 (6.9 acres) and P-3 (7.1 acres). These parks are intended to provide active and passive recreational opportunities for Village residents. The City has received the irrevocable offers of dedication (IOD) for the park parcels. The public parks will be designed in conformance with the Otay Ranch GDP, Otay Ranch SP A, and Parks and Recreation Master Plan. Sufficient PAD fees have been collected from Village 2 to undertake the master planning for both neighborhood parks. Staff has projected a work program wherein the two neighborhood parks would be developed simultaneously and, in so doing, create a more integrated and complementary park design for both of the parks within the Village 2 neighborhoods. Additionally, there would be a staffing time savings in this approach that would result in a reduction of the overall development costs for the proj ects. 11-6 Page 7, Item II. Meeting Date 10/21/08 Neighborhood Park P-2 (7.1 acres) Neighborhood Park P-2 is located adjacent to an elementary school and residential uses. Park amenities will be in conformance with the requirements of the Parks and Recreation Master Plan and may include multi-purpose open lawn areas, ball fields, sports courts, picnic shelters, tot lots, comfort stations and maintenance buildings. Neighborhood Park P-3 (6.9 acres) Neighborhood ParkP-3 is located in the eastern areaofthe Village and is adjacent to the OtayRanch High School, the Village commercial core, and residential uses. The location provides the opportunity for an extended view corridor from the Village entry at La Media Road through the commercial core to the park as a focal point of the Village. Park amenities will be in conformance with the Parks and Recreation Master Plan, and may include multi-purpose open lawn areas, ball fields, sports courts, picnic shelters, tot lots and restroom and maintenance buildings. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property, which is the subject of this action. FISCAL IMPACT These resolutions will appropriate funds and amend the Fiscal Year 2008/2009 Capital Improvement Project budgets. In-house preparation of the proposed Master Plans will utilize available development landscape staff during a downturn in the economy. The General Fund will be reimbursed for all costs incurred in preparing these Park Master Plans. Sufficient funds have been collected in the Park Acquisition and Development fund to begin the Master Plan process for the Otay Ranch Community Park and the two neighborhood parks. The parks and recreation facilities to be implemented as a result of the proposed Master Plans will require some level of additional park maintenance staffing and funding for facility operation and maintenance. Consideration of these budgetary impacts should be made prior to facility implementation. . Jr JCj, a Otay Ranch Community Park Master Plan Otay Ranch Neighborhood Parks (P-2 & P-3) Sunset Park Netting ATTACHMENTS I. Eastern Chula Vista P AD Fund Budget 2. Park Master Plan Project Schedules 3. Otay Community Park Conceptual Map Prepared by: Jracsema Quilantan, Assistant Director of Engineering Tiffany Allen, Office of Bud!S,et and Analysis John Krizan, Landscape Arenitec! M:\Engineer\-\GENDA\CAS200S\lO.21.08\HNAL Al13 Community and Neighborhood Parks MP.doc 11-7 ATTACHMENT 1 EASTERc'i CHULA VISTA PAD FUND BUDGET Mt San Miguel Park $0 $10,094,707 $8,959,785 $0 $0 $0 Sunset View-Netting SO S150,000 $0 $150,000 $0 (S 150,000) All Seasons Park S2,000,638 $2,900,000 $449,459 $2,450,541 $0 ($449,903) OR 70 Acre Park $27,593,429 $49,000,000 $0 $49,000,000 $13,035,001 ($8,371,570) OR Village 2 TS $55,247 $585,650 $0 $585,650 $530,403 $0 OR Village 2 P-2 $280,182 $2,970,084 $0 $2,970,084 $2,689,901 $0 OR Village 2 P-3 $272,290 $2,886,419 $0 $2,886,419 $2,614,129 $0 $30,201,787 $68,586,860 $9,409,244 $58,042,694 $18,869,435 ($8.971,473) 'The Projected Gap is the difference between the total project fees anticipated and the estimated project budget. The gap reflects fluctuations in property acquisition and development costs occuring between fee collection and park construction and is subject to change based upon final funds available for the project and the final cost estimate for the project. 11-8 Task N<lrIle____._~..____,_I__.J?~.?tior~___!,~_~~.__,I---F~~_.. I No, IDlo:c -LJan tFeb Ma< I Ai' I J.May ,I.:!un I[) __1 I l~ II I I i l~ I ,J __I ,.J__ I I I I I [ ,.. -:T:I:J--rJ~.--C -~1- Olay~Ranch V2 Neighborhood Park P-2 Master Plan '138 days Mon 11103108. Wed 06/03/09 ~ -~.~ ~,,~ ,. '"- -"~--"- ,--,,- . . - - H .. ~O ~~'..~"- - - ~~. ~~, .x;p ---'2 Hesearch aud Inventory Phase 23 days MOll 11/03108 MOll 12/0B/OB [(HHHfilliillill::]l . . . ; -" PlOyram Dovelopment 20 days T"' 12/09108 W,d 01/14/09 :IilliiliililillUUlll~I:H:' , -4- Conceptual Design and Master Plan Ol:slgn Phase 74 days . Thu 01115/09 MOil 05l04f09 :::;:::;::::::::::;::::::~~~:j:~:~:~:~~~j~~:~:n~~~U~~!~U~~: :1':;'"I;"H:UGj~2;.::mm]illillill -. P/tlsentalioflApproval Phase 21 days . T", 05/05109 Wed 06103109 . . . . ) ~ --ll ......jj ):::e n ::x: 3: m z Task Progress . ~.. Summary 'lI1" - " --;p Extornal Tasks ITNE~J.ib~r1~~111 Deadllne .n. ~ Project: Oxford Parl( Date: Thu 10/09/08 Spill Milestone + Project Summary V :,"In__~ External MHestOfle . .., ..... .. .. .. N Page 1 ID Task Name 1 Olay Ranch V2 Neighborhood Park P-3 Master Plan --, Research and InvenlolY Phase -T-- Program Development --4- CO(IcepluaJ Oesign and Masler Plan Design Phase ---5- PrasenlaUon Approv~1 Phase ~ -.--.------ . ( Project: Oxford Park Dale: Thu 10109/06 Task SpUt I I I INov IOee lJan IFeb \Mar .l__I~r IMav IJun Dmalion Star I Finish "":'L 1.\ L 1::-:1 I I ! I I L I I I I . j I I [TTI I I I 1-'- 136 days Mon 11/03/06: Wed 06103/09 V- -~- -~ -- . -:.- .'i' - 23 days i Mon 11l0J/08 Mon12108l08 20 days Tue 12/09108. Wed 01/14/09 74 days Thu01/15J09; Mon05l04/09 21 days Tue 05105109: Wed 06/03/09 lJ .... "j 'UUUUU'UUUI~""I . . ----~-----------"-_._._~--_. ------_.-. ~:(g: ==='iHliHITVR Progress Milestone . Summ3fY 'qJ Project Summary ~ Page 1 illll .................."........[71..11..<811<1/1.".. . ......."..""".........."".........;;.)..LU;~" (U).um . .",. Exlemal Tasks ~lJfHh'H~J3m'U Deadline Y Exlernal Mllestolle .. Jl, 10 Task Name 1- OtilY Ranch Community Parll Master Plan ,-- Parcel Definition and AcquisWon ,-- Research and InvenlOlY Phase -.-- SiJeAJlalysis Phase -,-- ProgrU!Tl Developmenl 6"-" Synlhesis/Conceptual Design Phase PfellrOlnarYMasierlljai;"("Jevej;;ilrllenl 8 ""-Pre-sE;;"laUon "AiiProva('r;il~se Projecl: Oxford Park Dale: Thu 10/09106 Task SplH 114 days 36 days 40 days 70 days 186 days Mon 11103108 TI1u04/30109 Wed 06124/09 Flnisll Tue04/12111 Wed 04/29/09 Tue 06/23/09 Tim 08/20/09 Wed 12f02109 WerJ08l19f09 Tim 12103f09 Man 08f~lOf1O '-tT:i'days'--'-TIJe-Ciiii?diiO Mon 0210711-{ ---46days --TLie"02iOa/11--" Tue04i1-2Ti1- 1/:" :,:,::,:::,:Sill Pcog"" Milestone m:;u::::/:';:'U/<'//'::~m:,:" : : ~" , , , , , , , . --'~ " '" """,',,:'1 . - . ,.,-,:,:,~ . . ..- H'............. '<\/:::<::/j~........ .'.... i ...... I - ..~ -- -. Summary ~.._.. ---~ ExlemalTasks ~~~~ Deadline Projecl SummalY ~ --- ....""WI External Mileslone .. -It. ~ Page 1 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT ENTITLED. "OTAY RANCH COMMUNITY PARK CIP NO. PR261", AJ"'IENDING THE FISCAL YEAR 2008/2009 CAPITAL IMPROVEMENT BUDGET, AND APPROPRIATING $697,764 FROM THE PARK ACQUISITION AND DEVELOPMENT FUND TO CIP NO. PR261 TO DEVELOP A MASTER PLAN FOR THE OTAY R.A.NCH COMMUNITY PARK WHEREAS, the proposed Otay Ranch Community Park site is located within a southeast portion of Otay Ranch Village 2, east of Village 3, and within a northeastern portion of Otay Ranch Village 4; and WHEREAS, the site consists of approximately seventy (70) acres; and WHEREAS, staff believes that phasing the Park improvement is the most practical approach to developing the Park; and WHEREAS, sufficient funds have been collected in the Park Acquisition and Development fund to begin the Master Plan process for the Otay Ranch Community Park; and WHEREAS, staff anticipates that the master planning process including land parcel acquisition, site analysis, and conceptual design for the Otay Ranch Community Park will take 18 to 30 months; and WHEREAS, existing staff will be utilized to develop the Master Plan in-house which will expedite the process and elevate the quality of the final product at a lower cost; and . WHEREAS, the in-house master planning process will include determining the preferred delivery method of park construction, identifying the scope for detailed construction plans and establishing specifications for a first phase and subsequent construction phasing; and WHEREAS, staff proposes amending the Fiscal Year 2008/2009 Capital Improvement Budget and establishing a new Capital Improvement Project entitled "Otay Ranch Community Park CIP No. PR261"; and WHEREAS, staff requests that $697,764 from the available Park Acquisition and Development fund balance be appropriated to Otay Ranch Community Park CIP No. PR261 to develop a Master Plan for the Otay Ranch Community Park. H'\ENG1NE::~\RESOS\R=5'008\lO-11.08'.Ot~y RJ<\ch Comm Park PR.:!61 revised by <=c.dOC1 3 . . -. 1 -1 Resolution No. 2008- Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: 1. That it establishes a new Capital Improvement Project- entitled "Otay Ranch Community Park CIP No. PR261". 2. That it amends the Fiscal Year 2008/2009 Capital Improvement Budget. 3. That it appropriates $697,764 from the Park Acquisition and Development fund to Otay Ranch Community Park CIP No. PR261 to develop a Master Plan for Otay Ranch Community Park. Presented by: Approved as to form by i-!jJ~ a Bart Miesfeld Interim City Attorney A~~~ ~ v Richard A. Hopkins Director of Engineering M:\ENGINEER\RESOS\Resos1008\IO_1I-08\Otay Rao<:;n Comm Park ?R261 revised bYi.:ir -1 4 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOLA VISTA ESTABLISHING TWO NEW CAPITAL IMPROVEMENT PROJECTS ENTITLED "OT A Y RANCH VILLAGE 2 NEIGHBORHOOD PARK P-2 CIP NO. PR309" AND "OTAY RANCH VILLAGE 2 NEIGHBORHOOD PARK P-3 CIP NO. PR308", A1\1ENDING THE FISCAL YEAR 2008/2009 CAPITAL IMPROVEMENT BUDGET, AND APPROPRIATING $122,000 FROM THE PARK ACQUISITION AND DEVELOPMENT FUND TO CIP NO. PR308 AND APPROPRIATING $122,000 FROM THE PARK ACQUISITION AND DEVELOPMENT FUND CIP NO. PR309 TO DEVELOP MASTER PLANS FOR THE OTAY R.A.J.'\JCH VILLAGE 2 NEIGHBORHOOD PARK P-2 AND THE OT A Y R.-'\NCH VILLAGE 2 NEIGHBORHOOD PARK P-3 WHEREAS, on May 23, 2006, pursuant to Resolution No. 2006-158, the City Council approved the Final A Map No. 15350 for Otay Ranch Village 2 which created parcels for Neighborhood Park P-2 and Neighborhood Park P-3; and WHEREAS, Otay Ranch Village 2 Neighborhood Park P-2 consists of 7.1 acres and is located adjacent to an elementary school and residential u~es; and WHEREAS, Otay Ranch Village 2 Neighborhood Park P-3 consists of 6.9 acres and is located in the eastern area of Village 2 adjacent to the Otay Ranch High School, the Village commercial core, and residential uses; and . WHEREAS, sufficient funds have been collected in the Park Acquisition and Development fund to begin the Master Plan process for Otay Ranch Village 2 Neighborhood Park P-2 and Otay Ranch Village 2 Neighborhood Park P-3; and WHEREAS, staff anticipates that the master plan programming and conceptual design for Otay Ranch Village 2 Neighborhood Park P-2 and Otay Ranch Village 2 Neighborhood Park P-3 will be completed inl2 to 18 months; and. WHEREAS, existing staff will be utilized to develop the Master Plans in-house which will expedite the process and elevate the quality of the final product at a lower cost; and WHEREAS, the in-house master planning will include determining the preferred delivery method of park construction and identifying the scope for detailed construction; and WHEREAS, staff requests that $122,000 from the available Park Acquisition and Development fund balance be appropriated to Otay Ranch Village 2 Neighborhood Park P-2 CIP 11-15 Resolution No. 2008- Page 2 No. PRJ09 and that $122,000 from the available Park Acquisition and Development fund balance be appropriated Otay Ranch Village 2 Neighborhood Park P-3 CIP No. PRJ08 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista as follows: 1. That it establishes two new Capital Improvement Projects entitled "Otay Ranch Village 2 Neighborhood Park P-2 CIP No. PRJ09" and "Otay Ranch Village 2 Neighborhood Park P-3 CIP No. PRJ08". 2. That it amends the Fiscal Year 2008/2009 Capital Improvement Budget. 3. That it appropriates $122,000 from the Park Acquisition and Development fund to Otay Ranch Village 2 Neighborhood Park P-2 CIP No. PR309 and appropriates $122,000 from the Park Acquisition and Development fund to Otay Ranch Village 2 Neighborhood Park P-3 CIP No. PRJ08 to develop Master Plans for Otay Ranch Village 2 Neighborhood Park P.2 and Otay Ranch Village 2 Neighborhood Park P-3. Presented by: Approved as to form by 'j~{L /(~ ~ Bart Miesfeld t/ Interim City Attorney Richard A. Hopkins Director of Engineering -. -, 11-16 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT ENTITLED "SUNSET VIEW PARK SAFETY NETTING CIP NO. PR303", A.1vIENDING THE FISCAL '{EAR 2008/2009 CAPITAL IMPROVEMENT BUDGET, AND APPROPRIATING $150,000 FROM THE PARK ACQUISITION A.1"\!D DEVELOPMENT FU0iD FOR SAFETY NETTING AT THE SUNSET VIEW PARK ROLLER HOCKEY RINK WHEREAS, safety netting is needed at the Sunset View Park roller hockey rink; and WHEREAS, staff recommends funding the installation of the safety netting at the Sunset View Park roller-hockey rink with interest earnings on the Park Acquisition and Development Fund projected for Fiscal Year 2008/2009; and WHEREAS, staff proposes amending the Fiscal Year 2008/2009 Capital Improvement Blldget and eSlablishing a new Capital Improvement Project entitled "Sunset View Park Safety Netting ClP No. PR303"; and WHEREAS, staff requests that $150,000 from the available Park Acquisition and Development fund balance be appropriated to Sunset View Park Safety Netting CIP No. PR303 for safety netting at the Sunset View Park roller hockey rink. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista as follows: 1. That it establishes a new Capital Improvement Project entitled "Sunset View Park Safety Netting CIP No. PR303". 2. That it amends the Fiscal Year 2008/2009 Capital Improvement Budget. 3. That it appropriates $150,000 from the Park Acquisition and Development Fund to Sunset View Park Safety Netting CIP No. PR303 for safety netting at the Sunset. View Park roller hockey rink. Presented by: Approved as to form by Richard A. Hopkins Director of Engineering J" .j /11 , ~..../"_.) (cA...A...~ I~ Bart Miesfeld (! Interim City Attorney H .I,ENGINEER\R'=SOS\Resos~008\1 Q.' I-08\Sunsel View P~rk Safely Nelting PRJOJ ;<:.,ised ~y ec.doc . - - . 11-17 <. (~i~illi),~[~itaS}'a\ V~ifJJ,~ i€'0~' ICt')'~fi)e:~,~' ~ "Pounder Helice: 'Sparky' . Bridges follows' in, the. '. shoes of great leaders, like Gandhi and Martin, Luther ICing. Her power-. ful Blue Ribbon system gives children and adults of all ages the long over- due right to be appreciated, loved and nurtured by the society in which they live." Jack Canfield, co-creator of the Chicken Soup for the Soul series, featured teacher in "The Secret" "',..' We Train Kids How To: Giving I<ids ,:a;, Voice for Change . End Bullying . Build Positive Relationships . Make Dreams Come True ;', j' 'Ca!17.(j~,z~~:o?,~30"~' ::" , ".! org6to 'Qurwv€l,site:". " ':',~ '~',_-~:__';:.~ "}"":' :.~'lb"'~'''-' ',~I",:!,,--'r~" ,!;~; ;/~~._J?~~E~~~:,~~~~l2~!t'c<::~.: "'~_ ~ .. :::~,! ..~i~~<!@lpl~.el'!ip~o?~.~ri'-:o1e:~-' .. " I: ". ___ _" -,'.' ._.!.___..,_,....._ .-.;'" ~ DiJlm~' Makm . , . INTERNA TIONAL ~ A ""'p"fi"d"wiml "'g""iwi,, 501(,)(3) WWVv', bluerihbons.org i'I;,e Kids Will Teach 550,000 People How To Make A Difference "Helice Bridges is the Mother Teresa of Self-Esteem. " Robert Allen, Author of Nothing Down and The One Minute Millionaire i'I;,e "Difference Makers International has created a necessary vehicle to bring about great change in the world." Spencer Johnson, M.D., Author Who Moved My Cheese Become a Sponsor and Make a Difference Today! "The Blue Ribbon Community Building Program should be used by all educa- tors. It gives kids pride, purpose and the ability to overrun negativism and trans- form the world." Steve Ahle, Distinguished Principal of the Year, State of California {l}f~L-lm Makes A Difference~the Story by Helice "Sparky" Bridges A te:lCher in New York decided to honor all of her high school scni(m by telling each or (hem how much of;J diffLrcnce they made. Using the Who! Am Maim A Difference Ceremony, she called each student to the from of the class, one at a time. First she told the class how lhat student made a diffen:ncc to her. Then, she presented each of lht~m with a Who! Am A1akes A Difft:rence l3luc Ribbon. Afterwards the teacher decided to do a class project ro see what kind of impact acknowledge- ment would have Oil their cOllllllllnity. She gave each of the students three more ribbons and inSlTllCled thelll to go out and spread this Blue Ribbon Ceremony. They were to follow up on the results, see who honored whom :lI1d rcporr h:](k to the class in about a week. Olle of the boys in the class went to a junior executive in a nearby company ;llld honored him for having helped him with his career planning. The boy gave him a Blue Ribbon, placing it on his shirt just above his heart. Then he gave the junior executive two extra rihbons, <Ind said, "\X/e're doing a class project on acknowledgemem, and we'd lih~ you 10 go out and find someone to honor. Cive them rhis Blue Ribhon, then give them the extra Blue Ribbon so they can acknowledge another per- son to keep this acknowledgement ceremony going. Then, please report back to me and tell me what happened. " Later that day rhe junior executive went ill ro see his boss, who Iud been noted, by the way, as being kind of a grouchy fellow. He sat his boss down and told him tlut he deeply ;ldmired him for being a creative genius. The junior executive asked him ifhe would accept the gift of the Blue Ribbon ~ll1d would he give him permission to put it 011 him. His surprised boss said, "\X!ell, sure." The junior executive took the Blue RihhOl"l and placed it right on his boss' jacket ahove his hean. As he g,lve him the laSt extra ribbon, he said, "Would you do me a favor? \X/ould you take this extt;! rihbon and pass it on by honoring someone else? The young boy who first gave me the ribhons is doing a project in schoo] and we want to keep this recognition ceremony going to find out how it affects people." That night the boss went home to his Ii/-year-old son and sat him down. I-Ie said, "The most incredible thing happened to me today. I W:lS in my office and olle of the junior executives came in and told me ht~ admired tllt and gave me a Blue Rihbon for being a creative genius. Im;lgine. He thinks I'm a creative genius. Then he pur this Blue Ribhon that says Who! Am Makn A DijJt'Yef/a on my jacket above my hean. He gave me an extra ribbon and asked me to find someone else to honor. As I was driving home tonight, I starred thinking about whom I would honor with this rib- bon and I thought ahout you. I \vant to honor you. "My d:l}'S ate really hectic and when 1 come home I don't pay a lot of arrenrion to you. Sometimes I scream at YOIl r(Jr l10t getting good enough grades in school or for your bedroom being a mess. Bur somehow tonight, I just wamed to sit here and, ""'ell, just let you know that you do make a din-trence ro me. Besides your mother, you are tile most important person in my lit"C. You're a great kid and I love you!" The surrled boy starred to sob :lnd sob. He couldn't stop crying. His whole body shook. He got up, walked over to a drawer, opened it and rook out a gUll. Holding the gun in his hand, he looked up at his father and through his tears he said, "I was planning on commi'tingsuicide tomorrow, Dad, because I didn'r think you loved me. Now I dOIl't need to." ~"lD' ",' ',\;~. ;'/'r..; I . .:':'(*(7' ....00,;, ." .,j .' >. j. . .... ,'. .. ..,....- /fe.. 'J;} ordn JlllI": Ribhon~);" online to \\'WwhllLlTihbol1s.Drg ur elll 760.753.0')6:'l. CopyrigIH@2()OG Helict IIridfp Qf~Am ;'vlakes A Difference@ - lO-SLep Blue Ribbon Ceremony Step I . Focus on the good: Fh/{) SOI/Ii'OII1' to 11(kl/(!II)!('(~~I'. ,""it or Sit/fit} in frolll of ,he penon .l'ON want to !JOllOr. Show ,hem thr Bille RihbrJl!, /lJordr(rlcil/g them, make qc COlllac! (ifil I.f appropriatc to that cuitllre), spn/A' their I/rlIn!', alld.. Step 2 . Affirm the words: S/(P, this is (/ HIlle RibbON thllt .frlYS Who / 11m MflA'CS 11 Differellce'''. Step 3 . Express your appreciation: Ie/I them how thl)' /flake 1/ d!/fin'r/(e.' {;:x"amples: f IIdmin' )!(Jl1 jln' goillgfbryaur dn:mns .. You tllwrlp haFt (/ good u'ord to Ja)' about propll'... Viii( MRe lillll' to hdp /tie 11)/lh my work Step -I . Respect their 1:hoice to receive your gift: /hk {(/hey /liould accept YOllr pft... u.4,tn thq srly YES, t!Jeff flSk/i;r pnmis:iioll to fillli'l' the H/uc NihbOll 011 them (if 'hcy crllll UNtil' it, aSA' them to put it in II place [(ihere tIN)' 1('1/1 /JI' (/b!e to Yfl' it r/lld aiz/!{qr be rClllilldrr! tflm who thf)' arc maly'.r a diffin'II(,('J. Step 5 . Give them this lasting symbol ror po.~itive change: fl/(IU' the IUIII' Nibhor! alm/Je their heart.. .poil/ted s!t~tz;htly upwrlrds rind Sri)'" "flll plr/ting this ri/;{/oll r/ho/ll' YOllr h('llrt tow({/d all )'our hest dreams mming trllef" Step 6 . Lighten them up and cheer them on: /'oint to the globe 011 the rihbon IInd te/I them..." In:iidl' o/this ,~lohe are cheer/rar/rrs, cherring)'!!!! 011 jilr .l'our drttlms. f'm one o(thefll. /0 get the whole coml1lUlliI~y jlllnpingjoryollr drCrlll/s, fill gOillg to put the 'Sprfrl/fl"ollllflY heart into the cheer/eader.r by .raying the word I?ING\!" (Vim both ought to get II ltlllgh Otlt Ildoil/j!, tiJiy, IIlhleh helps peo- ple tr! /Z~IJlI'/I lip IIlId know that positive change call be Jim.) With YOIII" index/inger, /z<,;ht6' f(/I' the t,lobr on 1/11' Blue Ribbon as you my "BIN.G\!" Fiuilt illlo eWI)' Who j ^11l M~kes A Dij-krcnce'"' Biuc Rib(;o!l are ~~/!ilrky~' cheer/mrlrr.r,.. cheering you 011 jf)r your drrrflns. Sprlrky is pa-,sing you hrr torch (lnd ill/'itll/g )'011 to /il'/p her pllt (/ V!tlrk in ever)' Bille Ribboll kl' .<!'Jing.. .I?INQ! The .(OII/If! "BING\!" will f;l't the chel'lklders jumpillg up ill thr rrir -,houtillg... You rock! Co for your dreams! We believe in you! How em we help you? Wh,n do YOll need? Alld kilOii' tbmfromlhis rh"I'.F,rtl, {Inri fJrCwr "'11>"1'._ _,"/lI'1J' Ii,,/(, )'"" j"'tlrtl "BING\!>> kllOlI' 1f,{11 a child jtJSt eft their c:!ri1am.. Step 7 . Connect heart-to-hcart: !-lug, shake hands, smile or do U4}1lf('I!(T amil'.!' l/flfurrtf(v tli YOII rlud Ihe OIher penoll. Step 8 . Give them a chance to he a "Spark" for othcrs: Gift tflrm two extra BIlIc Ribbon; so thq Cl/tI pllSS them on to others, crl'tfthlg more Difference i'vl</kers "5'parks" throughollt our ("o/lllllunifJ; wlllltr)' and l"Orld. Step 9 . Always adUlowlc(lgc the best in yourself and others. III thr spirit (llll{' Hiue Ribbon.. .lIlwrlp r!iJI'!ay your ribbollllll your computrr, UNtI!, mirror, II/sor or {flly /lisiMe pi(/('(' as If remilldrr to thillk j!,oorf thou}!.ht:; about YOllrsef/rllld Ii/hers as ofien as you can. Step 10. BONUS...Have fun making a differcnce. lfyol( {(lilt a!w((ys /hink good thollghtJ' IIbout'youne![rl11d other:,-, tf/kF)'our 131111' Nibboll ofT /Um it upside-dowlI and YOIl {{If! think allY thought you IINfllt. \17hl"n _you're re({(6' tll think good t/iollf;/1l\ ilgalll, !11m Yllllr ribboll right- side up and (,.\j)(,,-icl/c(, (Jl/I'C IIp,aill, /iou' lilliI'll you Ctm make fl dljjcrrllCf. Thj~ cnenlllllY was Cleated in 1983 by Helice founder 01" Difl"erence J\bkcrs Inlcrn:uiollal. "Sp;uky" Bridges, fj" ~ Diff,f!';~~: ~a!~e::~ ...., f{u./'I,w;f:I/JsLiq,/):m..;(li<'iJlN/k,'/'IF).\ To order Blue Ribbom go online III www.blunibbom.org or call 760.753Jl963. C"I'yri~IH iDl006 I kli~,'I\'-id!;,', .;r~ !r.'J 'I ,':'1/ , '4 ~~i't"'< EMAIL TO 'RSVP &SIG~ UP. - info@blueribbons.org Teerys Train ;reens"on Saturd,ay, Nbvember 1.- 200'82-4 p.m., And Teens Re'hJrn For' Blue Ribbon-A- Thon on sa!Urday,. November 8, 2008 2-4 p.m. In Suppor.t of Nationol Moking A DifferenceDoy A Project of Difference Makers Internatianal A nonprofit educational orginization510 (cX3). .. /)ifference Makers Znternatianal's,Programs have impacted 30 million people world-wide, with its Blue Ribbon" Who Z' Am Makes A Difference" if i . 1.<""'" n~ You are invited to,.. 250 Sa~ Diego&, Chula Vista Teens Teach s!blings, peers, parents and neighbors - How to-- * ErcidicoJeBullying *' Express appreciation, respect & love. *' Make dreams come true. LOCATI~N FOR BOTH EVENTS (fREE~ Turning the Hearts Center ' . . 345 5th Ave I'lQ e ,aluldli!i!o, CA 91910 "":;'_. '''i:''~ ." '" ';",-, \- j'el. '''''.' :<:". ".... ~.... ;Ii.., ......'?1.""...."3 -. . ~~O~~-~2:-t~e:~~,~":i,y"'J''" Taught By: Helice "Sparky" Bridges and teen "Standing Strong Together" Invitation Only: 250 Teens selcted by local schools, Turning the Hearts . Center and Community Leaders' BECOME A SPONSOR CALL TODAY! 449 Santa Fe Drive Suite 252, Encinitas. CA 92024 Tel: 760-753-0963 Fax: 760-753-0973 www ,blueribbons, org Is bullying, gossiping and negativity affecting your organization's productivity, peace and prosperity today? Are you ready to experience dignity and respect among people in your workplace, home and community? ~~ High-impact Leadership . Uncover 3 ways to dissolve conflict before it starts. . Discover 5 ways to speak to be heard, appreciated and understood. . Learn One-Minute System that ignites creativity, vitality and fun! 7fJ~ Become Leaders of Change . Discover 5 ways to conduct meetings in half the time with twice the degree of excellence. . Experience 3 secrets to employees shouting "Thank God it's ..c'--~<MOiiCla)W"-"=~ - - -. ~-~. .. Co. --.-- . -Increase passion, productivity and prosperity. Helice "Sparky" Bridges Founder and CEO Difference Makers International --.-.... "'c,~'_'.''''''___. ~_.~..-.....,.."-...,,.-..-'- "Helice Bridges follows in the shoes of great leaders like Gandhi and Martin Luther King. Her powerful acknowledgement system gives children and adults of all ages the long overdue right to be appreciated, respected, loved and nurtured by the society in which they live." Jack Canfield, author and editor, Chicken Soup for the Soul.series . DiJf!rence Makers INTERNA TJONAL A nonprofit educational organization 50] (eX3) ~~ Become a Sponsor Today! Your contribution is 100% tax deductible . Circle Your Sponsorship Choice .'=-.:--<"';:;;:': Platinum Sponsor. . . . . . . . . . . . . . . $ 10,000.00 Gold Sponsor. . . . . . . . . . . . . . . . . . . $ 5,000.00 Silver Sponsor. . . . . . : .. . . . . . . . . . . $ 1,500.00 .., Blue Ribbon Sponsor... .. . .... . .. $ 500.00 Difference Maker Sponsor. . . . . . . . $ -:; Purchase Blue Ribbon Products for the Holidays If gift ... 100% tax deductible Allproduc:ts-indude IO-Step Blue Ribbon (eremony arid "Who I Am MakesA Diff:~~:r:~e" si8?ature story Quantity Total 1) Case 36 books "Who I Am Makes A Difference" 'M books 143 pgs. - $13.50/ea book Case: $486.00 2) Leader's Kit~ 1,000 pre-cut Blue Ribbons wi Who I AmMakes A Difference'M book Kit: $450.00 3) Executive Kit - 500 pre-cut Blue Ribbons wi Who I Am Makes A Difference n. book Kit: $239.00 i~ 4) Community Kit (schools or nonprofit organizations) 600 UNCUT Blue Ribbons on a Roll and '~..'WhorAm "Makes A Difference'M book Kit: $149.00 5). Classroom Kit - 100 pre-cut Blue Ribbons " Who I Am Makes A Difference'M book Kit: $ 59.00 . ADD: 7.75% CA Sales Tax ADD: 10% shipping (US only) TOTAL ORDE~ o Check enclosed (pay to Difference Makers Inn) Thx 'D 33-067-1566 Please charge my Mastercard 0 -VISA 0 AmEx 0 Discover 0 Card # Exp. date 3-digit V-code on back of credit card): Name Signature Phone . Company Address . . City/State : E-mail Zip How a Dream Can Change the World By Stephanie Lynne Sands (16 years old) - en reams are /l universal bond lIlli! trallscend lime, pltZce, rt{cc, 'LJ religion, sex tllld creed. thq are powofit! driving/orees in the jHarts (llllcn, lllomen, children, and feenage~:~ tzl! olla (he world. The grell/est thing about dremns iJ tbilt they are as unique ilS the hulividu{zl to whom they belong. Late :H night, as I g3.ze up at the stars, I dream of many things. I' J like to win an Olym- pic mc,hl and marry a guy who is not only good looking, but kind and head over heds in love with me. Bur, most impor- randy, I dream of a more loving and accepting world. I know I am nor alone in these dreams. I meet people that share them every day. Unfortunately, they don't al- ways know how to make their d rcams come true. I'm happy to say that I've not only fi- nally found a way to change the world but also to make the dream of a lady from Califor- n ia come true as welL You'rc probably wondering who this lady is, what is her dream, and how am I going to change the world, Her name is Helice Bridges. She is the cre- ator of the "\Vho I Am .Makes a Difference". Blue Ribbon and founder of Difference Makers International. a nonprofit edu- cat ion a 1 organization. lIe/if/' "Sfhlrkf' U,-ir(r;/'s, FiJ/lJ/rll'r/CIMirr{ Ibe BO'lrd, Differm{t' ,\taken 1mePIJII;o/l,d; CEO, I1dice B,-ir(,<I'.( Commllnicdti(lm, 111C, 111fough her Blue Ribbon Ceremony, almost 26 million people worldwide [as of July 2007] have learned to bring out the greatness in themselves and others in a minutc or less. It is her dream to have a Blue Ribbon on eVlTY person in the v.'Orld. J discovaed the pownj;d 1IJagicoJiheBf/lc Ribbon when I read Helices 'TVho JAm Jdakes /1 f)iffaence~" story in Chicken Soup for the Soul. /~jicrretlrling the st01)' sevenz! times and llIor/.:- ing m}' way through a b,mdful rl tissues, I decided thlll tbis was a program desperately needed in my community. I presented the "\Xfho I Am Makes a Difference"" program to a group I chair. It's called the Eaton Rapids Youth Advisory our campaign ended, students were requesting more ribbons; they even went home and made their own rib- bons so thev could continue the acknowl- edgement cer- emony. They loved having the power to walk up to the important peo- ple in their lives and tell them how much they appreciated them. To this day, Blue Rih- bans can he seen al! O\'er the school - on student lockers, bags and bul- letin hoards. Citizens of Eaton Rapids guickly heard about the won- <.icrful things happening at school. A committce of people (including our superintemknt and myself) quickly formed our community, our country and our world. Today I come before you with a chal- lenge. I chal- lenge the youth of America to unite :1nd change the world. Orga- nize a Bille Ribbon Cam- paign in YOllr church, school or communiry. Don't let the critics and dis- believers beat YOll down, tdl YOll it is im- possible, that it can't be dOlle. When times gcc tough, hold your head high because \Vho You Arc n.-hkes a Difference. Remember those \vho are cra- zy enough to believe the)' can change the world arc the ones who do, "Let's Paint the Town Blue" Remember.those who are crazy enough to believe they can change the world are the ones who do. Committee. l'vIv 6 fellow StlJ~ dents also saw the need for th is program in our community. \X!e decided to purchase 200 Blue Ribbons and ran "\Vho I Am .M akes a Difference"~\Xfeek at our middle school and high school. "I11e program was an immediate success. To put it simply, some of the most wOllderful people in the world had newr realized that they nude a difference in the lives of thosc around them. 'Ihe self-esteem building that occurred during this week was truly amazing. For weeks aner a team and pulled together a gigantic community-wide Blue Ribbon Week. I am proud to announce Eaton Rapids designated April 18-26, ]998 as "Who] Am Makes a Difference"~ wreck, with the theme "Let's Paint the Town Blue," To date, o\'er 5,825 people have been ac- knowledued' b . Changing the v.'orld means looking no farther than your own back door because when we heal a broken relationship or pcrson, we heal ourseh'es, ~~~ To crt'ate a "Paint the Towll Bllu" ctl1npaign, Call Dil(erCllcc Makers Inl 'I /0 order Blue Ribbon products: 760.753.0963 it~j()@b1uaibbonJ.org www.blueribbons.oy"'r.; ~ Call fin' cOlfomte, selloot, orgtl- nization and /ami{y tmJning programs: He!ia: Bridges C01JI1111111ications, inc, 760.634.1655 i l!(o@helicebrid...e-.es.[om ~